The purpose of this ordinance is to ensure that public health,
safety and welfare shall not be abridged by the making and creating
of noise pollution or of public nuisances from disturbing, excessive
or offensive noises in the Borough. The residents of the Borough recognize
that uncontrolled noise represents a danger to the health and welfare
of their neighbors and that each person in the community is entitled
to live in an environment in which the level of impulsive or amplified
noise is minimized for the community good. It is the purpose and scope
of this ordinance to provide regulations defining the maximum sound
levels that appliances, equipment, instruments, and vehicles shall
be allowed to produce at specified distances from these devices, and
also to provide for the prohibition of other kinds of offensive noises.
These regulations and prohibitions are intended to protect the physical,
mental and social well-being of the residents of the Borough.
The following words and phrases, when used in this ordinance,
shall have, unless the context clearly indicates otherwise, the meaning
given to them in this Section. All acoustical terminology shall be
interpreted in accordance with that contained in ANSI S1.1, “Acoustical
Terminology.” All other words and phrases not defined herein
shall be used with a meaning of standard usage.
American National Standards Institute or its successors.
The Borough of Nazareth, Northampton County, Pennsylvania.
A unit of sound level which is a division of a logarithmic
scale used to express the ratio of the sound pressure of the source
to the pressure of an arbitrarily chosen reference pressure; the ratio
is expressed on the decibel scale by multiplying its base 10 logarithm
by 20.
10:00 p.m. to 7:00 a.m. the following day.
Any sound emitted by a person, animal, appliance, equipment,
instrument or other device.
Any noise which:
Endangers or injures the safety or health of humans or animals,
Annoys or disturbs a reasonable person of normal sensitivities,
Jeopardizes the value of property or erodes the integrity of
the environment, or
Is in excess of the allowable noise level established in § 10-504 of this ordinance.
The sound pressure level obtained by the use of a sound level
meter and frequency weighting network, such as A, B, or C, as specified
in ANSI specifications for sound level meters. The specific weighting
network used must be indicated by the proper notation. If the “A”
weighting is employed, the sound pressure level is identified as dB(A).
If the frequency weighting is not indicated, the “A” weighting
shall apply.
Includes any individual, firm, association, organization,
partnership, trust, corporation or any other similar entity.
See noise level.
An instrument or combination of instruments which meets or
exceeds the requirements for an ANSI Type S1A or S2A Sound Level Meter.
Those districts as set forth on the Zoning Map of the Borough.
1.
General
Prohibitions. It shall be unlawful for any person to create or allow
the creation of a noise disturbance within the limits of the Borough,
except as provided in this ordinance. All such disturbances are declared
public nuisances.
2.
Specific
Prohibitions. The following are specifically prohibited, except as
otherwise provided for in this ordinance.
A.
Radios,
television sets, musical instruments, computer-generated sound and
similar devices as follows:
(1)
Operating or permitting the use of operation of any musical instrument
(computer-generated or otherwise), radio, television or other device
for the production or reproduction of sound, in such a manner as to
cause a noise disturbance.
(2)
Operating any such device at Night Time in such a manner as to be
audible across real property boundaries or through partitions common
to two parties within a building, or plainly audible at 50 feet from
such device when operated within a motor vehicle on a public right-of-way
or in a public space.
B.
Loudspeakers/Sound
Amplifiers. Operating or permitting the use of operation of any loudspeaker,
sound amplifier or any similar device, in such a manner as to cause
a noise disturbance.
C.
Street
Sales. Selling anything by shouting or by outcry except by permit.
D.
Loading
Operations. Loading, unloading, opening or otherwise handling boxes,
crates, containers or similar objects at Night Time in such a manner
as to create a noise disturbance within a residential district, except
during an emergency.
E.
Construction
Noise. Operating or causing to be operated any equipment used in commercial
construction, repair, alteration or demolition work on buildings,
structures, streets, alleys or appurtenances thereto in the following
manner:
(1)
With sound control devices which have been tampered with;
(2)
In violation of any regulation of the United States Environmental
Protection Agency; or
(3)
At Night Time on weekdays and Saturdays or at any time on Sundays
or legal holidays which creates a noise disturbance, unless otherwise
exempted in this ordinance, or by an act of the Borough Council.
F.
Explosives,
Firearms or Similar Devices. The use or firing of explosives, firearms,
or similar devices which create a noise disturbance.
G.
Yelling,
Shouting, and Whistling. Yelling, shouting, whistling, singing or
generally, any sound emitted by a person that creates a noise disturbance
at Night Time.
H.
Power
Equipment. Operating or causing to be operated, any power saw, sander,
drill, grinder, garden equipment or tools of a similar nature, outdoors
in residential districts at Night Time, in such a manner as to create
a noise disturbance.
I.
Animals.
Possessing, harboring or keeping any animal or bird which makes any
noise continuously and/or persistently for a period of 15 minutes
or more, or makes such noise intermittently for a period of 30 minutes
or more, in such a manner as to create a noise disturbance.
J.
Horns
and Signaling Devices. Operating or causing to be operated, any horn
or signaling device at Night Time, except in the case of emergency
situations.
1.
No person
shall create or permit to be created noise which exceeds the noise
levels as indicated for the following zoning districts when measured
with a sound level meter at or beyond the property line of the noise
source:
1.
Noise
emitted from the following sources shall be exempt from the noise
regulations specified herein:
A.
All safety
signals and warning devices (e.g., stationary emergency signal devices,
intrusion alarms, back-up alarms on trucks, police/fire/ambulance
sirens) or any other device used to alert persons to an emergency
or used during the conduct of emergency work.
B.
The provision,
repair and maintenance of municipal facilities, services or public
utilities.
C.
Bells,
chimes or carillons used for religious purposes or in conjunction
with national celebrations or public holidays; existing bells, chimes
and carillons that are currently in use for any purpose.
D.
All activities
in the EI (Extractive Industrial) zoning district reasonably related
to the limestone quarrying and cement producing industrial processes.
Any “blasting” performed in relation to these industrial
processes shall be performed in accordance with a permit issued by
the Pennsylvania Department of Environmental Protection, the Borough,
or any other governmental agency having jurisdiction. Such “blasting”
shall occur between the hours of 7:00 a.m. and 6:00 p.m., Monday through
Saturday, unless specifically authorized at a different time by the
appropriate permit.
E.
Appliances,
lawn and garden equipment or household power tools in use between
the hours of 7:00 a.m. and 10:00 p.m., provided such are operated
within the manufacturer’s specifications and with all standard
noise reducing equipment in use, unmodified and in proper operating
condition.
F.
Snow
removal equipment operated within 24 hours after a measurable snowfall,
and operated within the manufacturer’s specifications and with
all standard noise reducing equipment in use, unmodified and in proper
operating condition.
G.
Heavy
construction equipment when being used for a relatively short period
of time on a specific short term project (e.g., constructing a building;
constructing, repairing or cleaning a road; drilling a well; and other
similar short term, specific construction, demolition or repair projects)
in use between the hours of 7:00 a.m. and 6:00 p.m., for the duration
of such short term, specific project; provided such equipment is operated
within the manufacturer’s specifications and with all standard
noise reducing equipment in use, unmodified and in proper operating
condition.
H.
Air conditioners,
fans, heating units and similar devices provided such are operated
within the manufacturer’s specifications and reasonable measures
are taken to reduce noise levels as approved by the Borough.
I.
Airplanes,
helicopters and normal activities of properly licensed airports.
J.
Musical,
recreational and athletic events conducted by schools or the Borough
including such outdoor practices as may be necessary in preparation
for such events.
K.
Activities
permitted by special waiver, as provided herein, and activities conducted
in accordance with special activity permits for the use of public
property or the public rights-of-way, approved by the Borough Council.
Any noise in violation of this ordinance is hereby declared
a public nuisance and may be abated by administrative proceedings,
fines and penalties herein provided.
Nothing in this ordinance shall be construed to impair any cause
of action or legal remedy thereof, of any person or the public for
injury or damage arising from the emission or release into the atmosphere
or ground from any source whatever of noise on such place or manner,
or at such levels which may give rise to such cause of action.
1.
Procedure.
If, in the enforcement of this ordinance, it is determined that a
noise disturbance exists, a written warning or a citation may be issued.
Any warning shall be in effect for 120 days. If within the 120 days
another violation occurs, a citation shall be issued. A citation shall
be issued for each subsequent violation that occurs during the 120-day
period.
2.
dB(A)
Measurement and Test Procedures. When required to be measured, dB(A)
levels shall be measured by conventional sound level meters on slow
response.
3.
Penalties.
Any person found guilty of violating provisions of this ordinance,
shall be fined not less than $100 nor more than $600 for the first
offense, and not less than $200 nor more than $600 for the second
offense, and not less than $300 nor more than $600 for the third offense
and not less than $400 nor more than $600 for the fourth and subsequent
offenses in any 120-day period and, upon failure to pay such fine,
shall be sentenced to jail for a term not to exceed 30 days for each
offense.
A separate and distinct offense shall be committed each day
that a violation of the terms of this ordinance continues to exist.
The provisions of this ordinance shall be enforced by Borough
Code Enforcement Officer, Police Officers and others designated by
the Borough Council.
A temporary waiver from strict compliance with the noise standards
specified herein may be granted to persons for emergencies, as determined
by the Borough Council, to protect health and safety or to comply
with other lawful rules, regulations and ordinances.
The provisions of this ordinance are not intended to interfere
with, abrogate or annul other rules, regulations or ordinances, including
Title 18 (Crimes Code) and Title 75 (Vehicle Code), Pennsylvania Consolidated
Statutes. If more stringent requirements concerning noise abatement
are contained in the other rules, regulations or ordinances, the more
stringent regulation shall apply.
If any sentence, clause, section or part of this ordinance is
for any reason found to be unconstitutional, illegal or invalid, such
unconstitutionality, illegality or invalidity shall not effect or
impair any of the remaining provisions, sentences, clauses, sections
or parts of this ordinance, it is hereby declared the intent of the
Borough Council that this ordinance would have been adopted had the
unconstitutional, illegal or invalid sentence, clause, section or
part thereof not been included therein.
