[Amended by Ord. No. 2023-2364, 3/14/2023]
The purpose and scope of this Part is to ensure that public
health, safety and welfare shall not be abridged by the making or
creating of public nuisances from disturbing or excessive noises in
the Borough of Phoenixville and to protect the physical, mental and
social well-being of the residents of the Borough by prohibiting such
noise and/or sound. Although it is recognized that in present society
certain amounts of noise are unavoidable, the citizens of the Borough
are entitled to be protected from unnecessary disturbance, annoyance
or injury from sound.
For the purpose of this Part, the following words, terms and
phrases shall have the meanings indicated herein:
The Borough of Phoenixville.
Any sound emitted by a person, group of persons, an appliance,
equipment, instrument or other device, object or animal.
Any individual, association, trust, partnership or corporation,
including any members, directors, officers, employees, partners or
principals thereof. Whenever used in any clause prescribing and imposing
a penalty, "person" includes the members, trustees, partners, directors,
officers, managers and supervisors, or any of them, of partnerships,
associations, corporations or other forms of entity.
Noise that is above and beyond the ordinary noises associated
with the appropriate and customary uses of the particular forum in
which the sound is made, taking into account the time of day, day
of week, location, and/or other relevant factors, and such noise is
of such a volume, frequency, pattern, or duration that it prevents,
disrupts, injures, or endangers the health, safety, welfare, comfort
or repose of reasonable persons of ordinary sensitivities within the
Borough of Phoenixville.
1.
General Prohibition. It shall be unlawful for any person to make
or cause to be made unreasonable noise or to allow any unreasonable
noise to be caused or made on any real or personal property occupied
or controlled by that person within the limits of the Borough of Phoenixville,
except as otherwise permitted in this Part.
2.
Specific Prohibitions. The following are specifically prohibited,
except as otherwise permitted in this Part:
A.
No person shall operate, play or permit the operation or playing
of any radio, television, phonograph, drum, musical instrument, cassette
player, sound amplifier or similar device which produces, reproduces
or amplifies sound in such manner as to cause unreasonable noise.
B.
No person shall operate or permit the operation of any tools or equipment
used in construction operations, drilling or demolition or other work
or in the sweeping of parking lots in residential districts and in
areas adjacent to residential districts between the hours of 9:00
p.m. of one day and 7:00 a.m. of the following day on weekdays and
Saturdays or at any time on Sundays or legal holidays such that the
sound therefrom creates unreasonable noise.
C.
No person shall operate or permit the operation of any electrically
powered saw, drill, sander, grinder, lawn or garden tool, snowblower
or similar device used outdoors between the hours of 9:00 p.m. of
one day and 7:00 a.m. of the following day so as to create unreasonable
noise.
D.
No person shall load, open, close or otherwise handle boxes, crates,
containers, building materials, garbage cans or other objects between
the hours of 9:00 p.m. of one day and 7:00 a.m. of the following day
in such a manner as to create unreasonable noise. This subsection
shall not apply to municipal or utility services in or about the public
right-of-way.
E.
No person shall offer for sale or sell by shouting or outcry or by
any other amplified or unamplified sound, except between the hours
of 8:00 a.m. of one day and 6:00 p.m. of the same day.
F.
No person shall remove or render inoperative, other than for purposes
of maintenance, repair, replacement or other work, any muffler or
sound-dissipative device or element of design or noise label of any
product; intentionally move or render inaccurate or inoperative any
sound-monitoring instrument or other device positioned by or for the
Borough or other governmental entity, provided that such device or
the immediate area is clearly labeled or posted to warn of the potential
illegality; or use a product which has had a muffler or sound-dissipative
device or element of design or noise label removed or rendered inoperative
with knowledge or reason to know that such action has occurred.
G.
No person shall repair, rebuild or test or otherwise work on any
motorcycle or other motor vehicle, motorboat or aircraft in such a
manner as to create unreasonable noise.
H.
No person shall create such other noise as might pose a danger to
the public health, safety or welfare of the Borough or otherwise constitute
a nuisance in fact.
I.
No person, including, without limitation, a pedestrian, shall make,
continue or cause to be made or continued any noise which creates
or causes unreasonable noise.
J.
No person shall own, possess, harbor or control any animal which
howls, barks, meows, squawks or makes other sounds continuously and/or
incessantly for a period of 10 minutes or makes such noise intermittently
for 30 minutes or more to the disturbance of any person at any time
of the day or night, regardless of whether the animal or bird is situated
in or upon private property; provided, however, that at the time the
animal or bird is making such noise, no person is trespassing or threatening
to trespass upon private property in or upon which the animal or bird
is situated or for any other cause which teased or provoked the animal
or bird.
K.
No person shall operate a motorcycle, truck, automobile or other
motor vehicle in such a manner as to cause unreasonable noise.
3.
Most Restrictive Provisions to Apply. Where any two or more provisions
of these sound performance standards apply to any sound source, the
most restrictive section shall be applicable to that source.
1.
The following noises are exempted from the provisions above:
A.
Band concerts, carnivals, fireworks, or other performances or similar
activities publicly or privately sponsored and presented in any public
or private space outdoors which are approved by Borough Council as
a temporary community event (TCE), provided that such activities do
not occur between 10:00 p.m. on one day and 10:00 a.m. on the following
day.
B.
Noises caused by the performance of emergency work or by the ordinary
and accepted use of emergency apparatus and equipment.
C.
Noises resulting from the provision, repair and maintenance of municipal/governmental
facilities, services or public spaces, open spaces, or utilities.
D.
Noises created by organized school-related programs, activities,
athletic and entertainment events or other public programs, activities
or events, other than motor vehicle racing events.
E.
Noises made by warning devices operating continuously for three minutes
or less, except that, in the event of an actual emergency, the limitation
shall not apply.
F.
Noises made by bells, chimes, or carillons used for religious purposes
or in conjunction with national celebrations or public holidays; existing
bells, chimes and carillons or any other clock strike mechanism currently
in use for any purpose.
2.
Provided the provisions of this section shall not be applicable to
any public parade or to the celebration of any public event for which
a permit has been issued by the Borough, or to the sounding of bells
or sirens or other noises made by the firefighters, police officers
or ambulance drivers in the Borough in the performance of their duties.
Any person, firm or corporation who shall violate any provision
of this Part shall, upon conviction thereof, be sentenced to pay a
fine of not more than $1,000, plus costs, and, in default of said
fine and costs, to a term of imprisonment not to exceed 30 days. Each
day that a violation of this Part continues shall constitute a separate
offense.
A temporary waiver from strict compliance with this Part may
be granted for:
1.
Emergencies as determined by the Borough Manager to protect the health,
safety and welfare or to comply with other laws, regulations, or ordinances;
and
2.
Special events as approved by Borough Council or its designee, upon
the filing of a written request with the Borough Manager, together
with such information as the Borough may reasonably require to determine
whether such relief is appropriate.
