The following words, terms and phrases when used in this chapter shall have the meaning ascribed to them in this section, except when the context clearly indicates a different meaning. All terminology used in this chapter, not defined below, shall be in conformance with the applicable publications of the American National Standards Institute or its successor body, as amended.
AMBIENT SOUNDThe all-encompassing noise associated with a given environment, being usually a composite of sounds from many sources near and far.
ANIMALAny living creature other than a human being, including but not limited to mammals, reptiles, birds, as well as domestic, feral, and wild creatures.
CONSTRUCTION OPERATIONThe erection, repair, renovation, demolition or removal of any building or structure; and the excavation, filling, grading and regulation of lots in connection therewith.
EMERGENCYAny occurrence or set of circumstances involving actual or imminent physical trauma or property damage.
EMERGENCY WORKAny work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency.
IMPULSIVE SOUNDSound of short duration, usually less than one second, with an abrupt onset and rapid decay. Examples of impulsive sound include explosions, drop forge impacts and the discharge of firearms.
NEGLIGENTLYA person acts negligently when he should be aware of a substantial and unjustifiable risk that his conduct will result in a noise disturbance. The risk must be of such a nature and degree that the actor's failure to perceive it, considering the nature and intent of his conduct and the circumstances known to him, involves a deviation from the standard of care that a reasonable person would observe in the actor's situation.
NOISEAny sound which annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans, excepting any law enforcement activity, including, but not limited to, training sessions.
NOISE DISTURBANCEAny sound, except for sound resulting from any activity provided for in §
355-7 and/or any law enforcement activity including but not limited to training sessions, which:
A. Endangers or injures the safety or health of humans or animals;
B. Annoys or disturbs a reasonable person of normal sensitivities; and/or
C. Endangers or injures personal or real property.
PERSONAny individual, association, partnership or corporation, and includes any officer, employee, department, agency or instrumentality of a state or any political subdivision of a state. Whenever used in any clause prescribing and imposing a penalty, the term "person" shall include the individual members, partners, officers and managers, or any of them, of partnerships and associations, and as to corporations, the officers and managers thereof, or any of them.
POWERED VEHICLEAny dirt bikes, three-/four-/multiwheeled vehicles, and all-terrain vehicles (ATV) being used to carry persons, but which is not being operated on a street, avenue, boulevard, highway, or alley as well as any self-propelled airborne, waterborne or land-borne plane, vessel or vehicle which is not designed to caddy persons, including, but not limited to, any model airplane, boat, car or rocket.
PROPERTY LINE (BOUNDARY)An imaginary line or party wall that separates adjoining lands or the dwelling units of apartments, condominiums (as defined by the Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq.), mobile homes, townhomes or duplexes, drawn through the points of contact of adjoining lands, or, in the case of apartments, mobile homes, condominiums, townhouses and duplexes owned, rented or leased by different persons, a demarcation or a line of separation between dwelling units (or "unit" as defined by the Uniform Condominium Act) of properties. In the circumstances of any two or more buildings sharing common grounds, the line drawn midway between any two such buildings. All areas devoted to public right-of-way or a common or shared area shall be deemed to be across the property line.
PUBLIC RIGHT-OF-WAYAny street, avenue, boulevard, highway, sidewalk, alley or similar place which is owned or controlled by a governmental entity.
PUBLIC SPACEAny real property, or structures thereon, which is owned or controlled by a governmental entity.
REAL PROPERTYAll land, whether publicly or privately owned, whether improved or not improved, with or without structures, exclusive of any areas devoted to public right-of-way.
RECKLESSLYA person acts recklessly with respect to this chapter when he consciously disregards a substantial and unjustifiable risk that a noise disturbance will result from his conduct. The risk must be of such a nature and degree that, considering the nature and intent of the actor's conduct and the circumstances known to him, its disregard involves a gross deviation from the standard of conduct that a reasonable person would observe in the actor's situation.