[HISTORY: Adopted by the Borough Council of the Borough of Media 9-16-1987 by Ord. No. 802; amended in its entirety 1-21-2010 by Ord. No. 1069. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Alarm systems — See Ch. 103.
Uniform construction codes — See Ch. 137.
Dogs and other animals — See Ch. 149.
Public entertainment; mass gatherings — See Ch. 155.
Sound-amplifying devices — See Ch. 245.
Zoning — See Ch. 311.
The Council of the Borough of Media, finding that excessive levels of sound are detrimental to the physical, mental and social well-being of the people as well as to their comfort, living conditions, general welfare and safety and therefore a public health and welfare hazard, hereby declares it to be necessary to provide for greater control and more effective regulation of excessive sound and the sources of excessive sound within the Borough of Media.
This chapter shall be known as the "Borough of Media Noise Control Ordinance."
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
CONSTRUCTION OPERATION
The erection, repair, renovation, demolition or removal of any building or structure and the excavation, filling, grading and regulation of lots in connection therewith.
EMERGENCY WORK
Any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency.
NOISE DISTURBANCE
Any sound which:
A. 
Measured at a property line of the receiving land, is in excess of the limits set forth for the receiving land use category in Table 1 below.
Table 1
Permissible Maximum Sound Levels by Receiving Land Use
Receiving Land Use
Sound Level Limit dB(A)
7:00 a.m. to 10:00 p.m.
10:00 p.m. to 7:00 a.m.
Residential (land within the R-1, R-2, R-3 and R-4 Residential Districts)
57
52
Commercial (land within the MERC, O, ROA or HBO Districts)
67
62
Industrial (land within the I District)
77
77
B. 
Produces vibration which is transmitted through the ground and is discernible without the aid of instruments at or at any point beyond the lot line from which the sound or vibration originated; or
C. 
Produces any vibration in excess of 0.002g peak measured at or beyond the lot line from which the sound originated using either seismic or electronic vibration measuring equipment.
PERSON
Any individual, association, partnership or corporation, including officers and managers of corporations.
PUBLIC RIGHT-OF-WAY
Any street, avenue, boulevard, highway, sidewalk, alley or similar place which is owned or controlled by a governmental entity.
PUBLIC SPACE
Any real property or structures thereon which are owned or controlled by a governmental entity.
A. 
Noise disturbance prohibited. No person shall make, continue or cause to be made or continued any noise disturbance.
B. 
Permitted hours of construction and yard work. No person shall operate or permit the operation of any tools or equipment used in construction operations, landscaping, leaf removal, lawn care, drilling or demolition work or in the sweeping of parking lots in areas adjacent to residential districts or within 1,000 feet of residential districts between the hours of 8:00 p.m. and 7:00 a.m. the following day on weekdays and Saturdays or at any time on Sundays or legal holidays, such that the sound therefrom is audible across a residential real property line (boundary), except for emergency work.
C. 
Permitted hours of loading and unloading. No person shall load, open, close or otherwise handle boxes, crates, containers, building materials, garbage cans or similar objects between the hours of 8:00 p.m. and 7:00 am. the following day in such a manner as to be audible across a residential property line (boundary). This subsection shall not apply to municipal or utility services in or about the public right-of-way.
The following sounds are exempted from the provisions of this chapter:
A. 
Blasting: blasting, under permit obtained from the Code Enforcement Officer. Such blasting may occur only between the hours of 9:00 a.m. and 4:00 p.m., Monday through Friday, unless specifically authorized by permit.
B. 
Concerts, etc: band concerts, block parties, church carnivals or other performances or similar activities publicly or privately sponsored and presented in any public or private space outdoors, provided that such activities do not occur between the hours of 10:00 p.m. and 7:00 am.
C. 
Emergency work: sounds caused by the performance of emergency work or by the ordinary and accepted use of emergency apparatus and equipment.
D. 
Municipal and utility services: sounds resulting from the repair or replacement of any municipal or utility installation in or about the public right-of-way or all municipal collections.
E. 
School and public activities: sounds, not electronically amplified, created by organized school-related programs, activities and athletic and entertainment events or other public programs, activities or events, other than motor vehicle racing events.
F. 
Warning devices: sounds made by warning devices operating continuously for three minutes or less, except that in the event of an actual emergency the time limitation shall not apply.
The Mayor or his designee may, upon application and guided by the standards hereinabove set forth, grant special variances for infrequent events or activities which do not exceed 24 hours in duration.
Any person violating any provision of this chapter shall, upon conviction thereof in a summary proceeding, be sentenced to pay a fine of not more than $600, plus costs of prosecution, for each and every offense and, in default of payment of such fine and costs, shall be imprisoned for not more than 30 days. Each day during which any person violates any provision of this chapter shall constitute a separate offense. This chapter may be enforced by the Media Borough Police Department or the Media Borough Code Enforcement Department.