The Rockledge Borough Council does hereby find and declare that, at certain levels, noise is detrimental to the public health, comfort, convenience, safety and welfare of the citizens of the Borough. This chapter is enacted to protect, preserve and promote the health, welfare, peace and quiet of the citizens of the Borough through the reduction, prohibition and regulation of noise. It is the intent hereof to establish and provide for sound levels that will eliminate unnecessary and excessive noise, reduce traffic and community noise, and establish noise standards and sound levels that will promote a comfortable enjoyment of life, property and conduct of business, and prevent sound levels which are physically harmful and detrimental to individuals and the community.
[HISTORY: Adopted by the Borough Council of the Borough of Rockledge 7-13-2015 by Ord. No. 648. Amendments noted where applicable.]
It shall be unlawful for any person to willfully make or continue or cause to be made or continued any unnecessary noise within the Borough as heard without measurement or as heard and measured in the manner prescribed elsewhere herein. Further, the following are specifically prohibited:
A.
Radios, television sets, phonographs and similar devices. It shall be unlawful for any person to use, operate or permit to be played any radio receiving set, musical instrument, television, phonograph, drum or other machine or device for the production or reproduction of sound in such a manner as to cause to be made or continued any unnecessary noise as heard without measurement or as heard and measured in the manner described elsewhere herein. The operation of any such set, instrument, television, phonograph, machine or other device at any time in such a manner as to be plainly audible at either the property line or 25 feet, in the case of a vehicle on public rights-of-way, shall be prima facie evidence of a violation of this section.
B.
Exhausts; mufflers. No person shall discharge into the open air the exhaust of any steam engine, stationary internal combustion engine, air compressor equipment, motorboat, motor vehicle or other power device except through a muffler or other noise-reducing device which is in good order and free of defects.
C.
Bells and chimes. Between the hours of 10:00 p.m. and 7:00 a.m., it shall be unlawful for any person to use, operate, cause or permit to be sounded any bell or chime or any device for the production or reproduction of the sounds of bells or chimes from any church, clock or school.
D.
Quiet zone. The creation of any unnecessary noise is prohibited within the vicinity of any school, institution of learning, or church, while the same are in use or session, which unreasonably interferes with the workings of such institution, or within the vicinity of any hospital, nursing home or home for the aged, or which disturbs or unduly annoys patients in the hospital or residents in the nursing home or home for the aged, provided conspicuous signs are displayed in adjacent, surrounding or contiguous streets indicating that the same is a school, hospital, nursing home, home for the aged, church or court.
E.
Truck loading operations. Between the hours of 10:00 p.m. and 7:00 a.m., the loading, unloading, opening or otherwise handling of boxes, crates, containers, garbage containers or other objects in such a manner as to cause a disturbance, and the loading of any garbage, trash or compactor truck, or any other truck whereby the loading, unloading or handling of boxes, crates, equipment or other objects is conducted within a residential area.
F.
Vehicle repair or testing. It shall be unlawful to repair, rebuild, modify or test any truck, automobile, motorcycle or other motor vehicle in such a manner as to cause a disturbance, and such activities shall, in all cases, be subject to the maximum permissible sound pressure level for the district in which the source is located, as hereinafter set forth.
G.
Machinery, motors, fans, air conditioners and other mechanical equipment. It shall be unlawful to operate any machinery, equipment, pump, fan, air-conditioning apparatus or similar mechanical device within the Borough in excess of the maximum permissible sound pressure level for the district in which the source is located, as hereinafter set forth.
H.
Commercial power equipment. Between the hours of 10:00 p.m. and 7:00 a.m., no person shall operate on any property within a residential or business district(s) or on any public way within residential or business district(s) any power equipment rated more than five horsepower, such as, but not limited to, chain saws, pavement breakers, lot chippers, riding tractors, or powered hand tools. Construction equipment used for construction activities are regulated under Subsection J of this section and are, therefore, excluded from the restrictions of this subsection.
I.
Domestic power equipment. Between the hours of 10:00 p.m. and 7:00 a.m., no person shall operate or permit to be operated on private property or on the public way within any residential or business district(s) any power equipment rated five horsepower or less and used for home or building repair or grounds maintenance. Such power equipment shall include, but not be limited to, lawn mowers, leaf blowers, garden tools, snow removal equipment, electric or chain saws or any other power equipment used for home or building repair or grounds maintenance.
J.
Construction activities. Between the hours of 9:00 p.m. and 7:00 a.m., no person shall operate or cause to be used or operated any equipment used in construction activities within any residential or business district. Construction projects shall be subject to the maximum permissible noise level specified for industrial districts for the period within which construction is to be completed pursuant to any applicable building permit.
K.
Amplified sound.
(1)
Prohibitions:
(a)
It shall be unlawful for any person to operate a loudspeaker or sound-amplifying equipment in a fixed or movable position or attached to or mounted upon any structure or motor vehicle within the Borough for the purpose of paging, giving instructions, directions, talks, addresses or lectures or for transmitting music or sound to any person or assemblages of persons except passengers within the vehicle or except when such loudspeaker or sound-amplifying system does not project sound which is audible in any residential area or residential zone district; provided, however, that a temporary permit, as described elsewhere herein, may be applied for for public events or specific activities, such as, but not limited to, concerts, speeches, athletic events, parades or lectures held in public places or parks in the Borough.
(b)
The provisions of this subsection shall not apply to public emergencies or authorized emergency vehicles when such authorized emergency vehicles are responding to an emergency call or when in pursuit of an actual or suspected violator of the law or when responding to, but not upon returning from, a fire alarm.
(c)
The provisions of this subsection shall not apply to any bell or chime or any device for the production or reproduction of the sound of bells or chimes from any church, clock or school so long as such sounds comply with the time limitations set forth elsewhere herein for such sound.
(2)
Permit information. An application for a permit shall be made to the Borough Manager and shall include the following information:
(a)
The name, address and telephone number of both the owner and user of the sound-amplifying equipment;
(b)
The license number of the sound truck which is proposed to be used;
(c)
The general description of the sound-amplifying equipment which is to be used;
(d)
Whether the sound-amplifying equipment is proposed to be used for commercial or noncommercial purposes; and
(e)
The location, times and dates upon which, and/or the streets over which, the equipment is proposed to be operated.
(3)
Permit issuance:
(a)
Conditions. Any permit granted by the Borough Manager shall contain all conditions upon which said permit has been authorized and shall specify the times, dates and locations that the permit shall be effective.
(b)
Criteria. In deciding whether or not to issue a permit pursuant to this Subsection K, the Borough Manager shall consider:
[1]
The number of people who would benefit from the amplification as opposed to those who would be annoyed by it;
[2]
The proposed dates and hours of operation of the sound-amplifying equipment and its anticipated adverse impacts;
[3]
Whether the sound-amplifying equipment is proposed to be used for commercial or noncommercial purposes;
[4]
The proposed location(s) from which sound is proposed to be amplified and its proximity to schools, hospitals or residential areas;
[5]
Whether there are reasonably alternative times, places or manners in which or by which amplified messages or sounds can be communicated; and
[6]
Whether the amplified sound can be controlled so that it will not be unreasonably loud, raucous, annoying, disturbing or a nuisance to the impacted neighborhood.
L.
Vendors. It shall be unlawful for any person engaged in the sale of newspapers, magazines or other goods or merchandise to make any unnecessary noise, to obstruct any sidewalk or other public place, or to disturb or impede others.
M.
Places of public entertainment. Operating or permitting to be operated any loudspeaker or other source of sound in any place of public entertainment that exceeds those levels shown in the following table at any point that is normally occupied by a person is prohibited:
Duration Hours Per Day | Sound Pressure Level dB(A) Slow Response |
|---|---|
8 | 90 |
6 | 92 |
4 | 95 |
3 | 97 |
2 | 100 |
1 1/2 | 102 |
1 | 105 |
1/2 | 110 |
1/4 or less | 115 |
It shall be unlawful for any person to operate or permit to be operated any stationary continuous source of noise in such a manner as to create a sound pressure level which exceeds the limits set forth in the following table more than 90% of any hour when measured at the property boundary or at any point within the property affected by the noise. When a noise source can be identified and its noise measured in more than one land use category, the limits of the most restrictive use shall apply at the boundaries between different land use categories.
Sound Pressure Level Limit dB(A) | ||
|---|---|---|
Use District | Day (6:00 a.m. - 7:00 p.m.) | Night (7:00 p.m. - 6:00 a.m.) |
Residential | 55 | 50 |
Business | 60 | 55 |
Industrial | As set forth in zoning ordinance | As set forth in zoning ordinance |
A.
Emergencies. Noise created in the performance of emergency work for the immediate safety, health or welfare of the community or individuals of the community or to restore property to a safe condition following a public calamity shall not be subject to the provisions of this chapter. Fire and civil emergency sirens positioned in the Borough are likewise not subject to the provisions of this chapter.
B.
Undue hardship.
(1)
Permits.
(a)
Applications for a permit for relief from the sound pressure levels designated in this chapter on the basis of undue hardship may be made to the Borough Manager. Any permit granted by the Borough Manager hereunder shall contain all conditions upon which said permit has been granted and shall specify a reasonable time that the permit shall be effective. The Borough Manager or his/her duly authorized representative may grant the relief as applied for only if he/she finds:
[1]
That additional time is reasonably necessary for the applicant to alter or modify his/her activity or operation to comply with this chapter; or
[2]
That the activity, operation or noise source will be of temporary duration and cannot be done in a manner that would comply with this chapter; and
[3]
That no other reasonable alternative is available to the applicant.
(b)
The Borough Manager or his/her duly authorized representative may prescribe any reasonable conditions or requirements he/she deems necessary to minimize adverse effects upon the community or the surrounding neighborhood.
C.
Public events. Application for a permit to hold a public event which may violate the provisions of this chapter shall be made to the Borough Manager. Such permit shall be valid only at the specified time and on the specific date noted in the permit.
D.
Snow removal equipment. Snow removal equipment may be utilized for the purpose of timely snow removal following a snowfall and shall not be subject to the provisions of this chapter.
E.
Equipment operation by municipal workers. Borough employees are exempt from the limitations on the use of equipment when doing so in the course of their employment.
A.
The Borough Manager, the Rockledge Borough Police Department, and any employee or outside agency designated for code enforcement shall have the power to enforce the provisions of this chapter and are hereby given the power and authority to do so.
B.
Whenever enforcement of this chapter requires the measurement of sound or noise, it shall be measured with a sound-level meter which meets the standards of the American National Standards Association. It shall be calibrated and kept in good working order. A check for calibration shall be made at the time of any noise measurement. The microphone shall be positioned so as not to create any unnatural enhancement or diminution of the measured noise. A windscreen will be used when necessary. The slow meter response of the sound-level meter shall be made at the property line of the property on which such noise is generated or perceived, five feet above the ground. In the case of an elevated or directional sound or noise source, compliance is to be maintained at any elevation at the boundary.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person violating any of the provisions of this chapter shall, upon conviction, be sentenced to pay a fine of not less than $25 nor more than $1,000 together with the costs of prosecution and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day a violation exists shall constitute a separate offense. The Borough of Rockledge reserves the right to seek a civil injunction of any violation of this chapter in addition to the penalties herein provided.