This article is hereby adopted by the Borough Council as the "Avondale Borough Noise Control Ordinance of 2023." This article shall take effect upon date of adoption and shall be controlling within the limits of the Borough of Avondale, Chester County, Pennsylvania.
A.
The making and creation of loud, unnecessary and unusual noises within the limits of the Borough of Avondale is a condition which has existed for some time and the extent and volume of such noises are increasing.
B.
The making, creation and maintenance of loud, unnecessary noises or unusual noises which are prolonged and unnatural in their time, place and use affect and are a detriment to the health, comfort, convenience, safety and welfare of the residents of the Borough of Avondale.
C.
It is declared as a matter of legislative determination and public policy that it is necessary and in the public interest for the enactment of the provisions and prohibitions hereinafter contained; and it is further declared that the provisions and prohibitions hereinafter contained and enacted are in pursuance of and for the purpose of securing and promoting the health, comfort, convenience, safety and welfare of the residents of the Borough of Avondale.
As used in this article, the following terms shall have the meanings indicated:
Work made necessary to restore property to a safe condition following a public calamity or work required to protect persons or property from eminent exposure to danger.
Any individual, partnership, association, syndicate, company, firm, trust, corporation or other entity recognized by law as the subject of rights and duties, including any governmental agency.
An imaginary line along the ground surface and its vertical extension which separates the real property owned by one person from that owned by another person, but not including intrabuilding real property divisions.
In addition to other police powers, this article shall be enforced by the police officers serving the Borough of Avondale and any other persons as may be designated by the Borough Council of the Borough of Avondale, whose powers shall be as follows:
A.
Enforce the provisions of this article and the rules and regulations contained herein.
B.
Receive and initiate complaints of violations of the regulations of this article.
C.
Send written notices of any violations of this article to the persons responsible for the violation.
D.
Institute proceedings for violation of the regulations of this article.
It shall be unlawful for any person to make or continue or to cause or permit to be made or continued any loud or unreasonable sound of such character, intensity, volume, carrying power or duration as to disturb the comfort, repose, health or safety of any individual unless the sound is made in an activity conducted for community or public purpose or for the protection or preservation of the health, safety or life of some person.
A.
No person shall unreasonably make, continue, permit or cause to be made or continued any noise or disturbance:
(1)
Across the real property boundary or between adjacent units of a multiple-family dwelling, except for activities open to the public and for which a permit has been issued by the Zoning Officer of the Borough of Avondale.
(2)
At a distance extending more than 50 feet from a noise-producing device operated in or on a motor vehicle on a public right-of-way or public place.
B.
No person shall make, continue, permit or cause to be made or continued any noise or disturbance between the hours of 10:00 p.m. and 7:00 a.m. when the noise produced is associated with the following:
(1)
The operation of an instrument, sound amplifier or similar device which produces or amplifies sound.
(2)
The loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans or similar objects, except when such noise or disturbance is necessarily attendant to the authorized, regular collection and removal of refuse, garbage and like municipal solid waste when such collection and removal is conducted between the hours of 5:00 a.m. and 7:00 p.m.
(3)
Operating or permitting the operation of any tools or equipment used in construction, drilling, demolition work or home maintenance.
(4)
The operation of powered model vehicles, motorboats, domestic power tools and other motor-driven apparatus; repairing, rebuilding, modifying or testing any motor-operated vehicle, motorcycle, powered model vehicle, motor-driven apparatus or power tool.
C.
It shall be unlawful for any person to make, continue, permit or cause to be made or continued any of the following enumerated unreasonable noises at any time:
(1)
The sounding of any horn or signaling device on any automobile, truck, motorcycle, motor bicycle or other vehicle on any street or public place except as a danger warning signal.
(2)
The operation of a motor vehicle or motorcycle in the Borough, licensed or unlicensed, on public or private premises, whether standing or moving, without an appropriate muffling device on the exhaust system of said vehicle in order to prevent any unnecessary or unreasonably loud or harsh sound.
(3)
The use, operation or permitting to be played of any radio, receiving set, musical instrument, television, phonograph, public-address system or other machine or device for producing or reproducing sound in such a manner as to disturb the peace, quiet and comfort of neighboring inhabitants.
(4)
The use, operation or permitting to be used or operated of any sound-amplifying machine for producing or reproducing of sound which is cast upon public streets for the purpose of advertising.
(5)
The keeping of any animal or bird which causes frequent or long-continued noise which disturbs the comfort or repose of any person in the vicinity.
D.
It shall be unlawful for any person, in the operation of any machinery, commercial motor vehicle unit on a truck, any equipment, pumps, snowplows, snowblowers, lawn mowers, leaf blowers, chain saw or other similar mechanical device, to use such instruments or equipment in such a manner or with such volume as to annoy or disturb the quiet, comfort or repose of any person or persons in any dwelling, apartment or other type of residence on any day of the week. This subsection shall not apply to municipal vehicles or Pennsylvania State vehicles used for emergency work, such as but not limited to snow removal and road work.
Any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the county correctional facility for a period not exceeding 30 days. Each day that such violation exists shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this article in equity in the Court of Common Pleas of Chester County.