[HISTORY: Adopted by the Borough Council
of the Borough of Columbia 1-4-1995 by Ord. No. 659 (Ch. 56B of the 1971 Code).
Amendments noted where applicable.]
A.
The Council of the Borough of Columbia finds that:
(1)
Excessive noise and sound degrade the environment
of the Borough of Columbia to a degree which:
(2)
No one has the right to create such excessive noise
and/or sound.
(3)
Effective control and elimination of excessive noise
and/or sound is essential to the furtherance of the health and welfare
of the inhabitants of the Borough of Columbia and to the conduct of
the normal pursuits of life, recreation, commerce and industrial activity.
B.
It is the intent and purpose of this chapter to prevent
excessive noise and/or sound and to limit, control and eliminate excessive
noise and/or sound in general from whatever source.
This chapter shall also be known as the "Borough
of Columbia Noise Control Ordinance."
The following words, terms and phrases, when
used in this chapter, shall have the meanings herein given, except
where 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
[ANSI S1.1 - 1960 (R1971) and its revisions] or its successor body.
The all-encompassing noise associated with a given environment,
being usually a composite of sounds from many sources near and far.
The sound-pressure level, in decibels, as measured on a sound-level
meter using the A-weighting network. The level so read is designated
"dB(A)."
The erection, repair, renovation, demolition or removal of
any building or structure and the excavation, filling, grading and
regulation of lots in connection therewith.
A unit for measuring the sound-pressure level, equal to 20
times the logarithm to the base 10 of the ratio of the pressure of
the sound measured to the reference pressure, which is 20 micropascals
(20 micronewtons per square meter).
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage.
Any work performed for the purpose of preventing or alleviating
the physical trauma or property damage threatened or caused by an
emergency.
Sound 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.
A device designed or used for decreasing or abating the level
of sound escaping from an engine or machinery system.
Any sound which annoys or disturbs humans or which causes
or tends to cause an adverse psychological or physiological effect
on humans.
Any sound which:
Any 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, "person" includes
the individual members, partners, officers and managers, or any of
them, of partnerships and associations and, as for corporations, the
officers and managers thereof or any of them.
Any self-propelled airborne, waterborne or landborne plane,
vessel or vehicle which is not designed to carry persons, including
but not limited to any model airplane, boat, car or rocket.
An imaginary line drawn through the points of contact of
adjoining lands, apartments, condominiums, townhouses and duplexes
owned, rented or leased by different persons, a demarcation or a line
of separation of properties, and also, for any two or more buildings
sharing common grounds, the line drawn midway between any two such
buildings. All areas devoted to public rights-of-way shall be deemed
to be across the property line. For the purpose of this definition,
the "property line" includes all points on a plane formed by projecting
the property line in a manner deemed appropriate by the enforcing
police officer.
Any street, avenue, boulevard, highway, sidewalk, alley or
similar place which is owned or controlled by a governmental entity.
Any real property or structures thereon which are owned or
controlled by a governmental entity.
Any sound which can be heard as a single pitch or a set of
single pitches. For the purpose of this chapter, a pure tone shall
exist if the 1/3 octave band sound-pressure level in the band
with the tone exceeds the arithmetic average of the sound-pressure
levels of the two contiguous octave bands by five dB's for center
frequencies of 500 hertz and above and by eight dB's for center frequencies
between 160 and 400 hertz and by 15 dB's for center frequencies less
than or equal to 125 hertz.
All land, whether publicly or privately owned, whether improved
or not improved, with or without structures, exclusive of any areas
devoted to public rights-of-way.
An oscillation in pressure, particle displacement, particle
velocity or other physical parameter, in a medium with internal forces
that causes compression and rarefaction of that medium, or the superposition
of such propagated oscillation which evokes an auditory sensation.
The description of "sound" may include any characteristics of such
sound, including duration, intensity and frequency.
The weighted sound-pressure level obtained by the use of
a sound-level meter and frequency weighting network, such as A, B
or C, as specified in the American National Standards Institute specifications
for sound-level meters (ANSI S1.4-1971 or the latest revision thereof).
If the frequency weighting employed is not indicated, the A-weighting
shall apply.
An instrument which includes a microphone, amplifier, RMS
detector, integrator or time averager, output meter and any applicable
weighting network used to measure sound-pressure levels which meets
or exceeds the requirement for a Type I or Type II sound level as
specified in American National Standards Institute Specification S1.4-1971.
The manufacturer's published indication of compliance with such specifications
shall be prima facie evidence of such compliance.
The land use districts established by the Zoning Ordinance of the Borough, as codified in Chapter 220 of the Code of the Borough of Columbia, Pennsylvania, and all subsequent amendments thereto.
A.
Noise disturbance prohibited. In addition to the specific
prohibitions outlined in this chapter, no person shall make, continue
or cause to be made or continued any noise disturbance, nor shall
any person suffer, allow or permit any noise disturbance to be made
or continued from or at any property, whether real or personal, that
is subject to such person's right to control.
B.
Specific prohibitions. The following acts, and the
causing thereof, are declared to be noise disturbances and are therefore
in violation of this chapter:
(1)
Radios, television sets, musical instruments and similar
devices. Operating, playing or permitting the operation or playing
of any radio, television, phonograph, drum, musical instrument, sound
amplifier, automobile radio, automobile stereo, high-fidelity equipment
or similar device which produces, reproduces or amplifies sound:
(a)
At any time in such a manner as to cause a noise
disturbance across a property line (boundary), or between the hours
of 9:00 p.m. and 8:00 a.m. so as to create a noise disturbance.
(b)
In such a manner as to create a noise disturbance
across a property line (boundary) or at 50 feet from such device,
whichever is less, when the device is operated in or on a motor vehicle
or hand carried on a public right-of-way or public space.
(c)
In such a manner as to create a noise disturbance
to any person other than the operator of the device.
(3)
Construction.
(a)
Operating or permitting the operation of any
tools or equipment used in construction operations, drilling or demolition
work:
[1]
Between the hours of 9:00 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 creates a noise disturbance
across a residential real property line (boundary), except for emergency
work.
[2]
At any other time, such that the sound level
at or across a real property line (boundary) exceeds 85 dB(A) for
a period of one hour.
(4)
Domestic power tools. Operating or permitting the operation of any mechanically-powered saw, drill, sander, grinder, lawn or garden tool, snowblower or similar device used outdoors in residential areas (see § 149-5 hereof, Table I) between the hours of 9:00 p.m. and 8:00 a.m. so as to cause a noise disturbance across a residential property line (boundary).
(5)
Loading and unloading. Loading, unloading, opening,
closing or other handling of boxes, crates, containers, building materials,
garbage cans or similar objects between the hours of 9:00 p.m. and
8:00 a.m. the following day in such a manner as to cause a noise disturbance
across a residential property line (boundary). This subsection shall
not apply to municipal or utility services in or about the public
right-of-way.
(6)
Animals and birds. Owning, possessing, harboring or
controlling any animal or bird which howls, barks, meows, squawks
or makes other sound continuously and/or incessantly for a period
of 10 minutes or makes such noise intermittently for 1/2 hour
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 legitimate cause which teased or provoked
the animal or bird.
(7)
Powered model vehicles. Operating or permitting the
operation of powered model vehicles so as to create a noise disturbance
across a residential property line (boundary) between the hours of
9:00 p.m. and 8:00 a.m.
(9)
Tampering.
(a)
The removal or rendering inoperative by any
person, other than for purposes of maintenance, repair or replacement,
of any muffler or sound dissipative device or element of design or
noise level of any product.
(b)
The intentional moving or rendering inaccurate
or inoperative of any sound-monitoring instrument or device positioned
by or for the Bureau of Police, provided that such device or the immediate
area is clearly labeled in accordance with noise control regulations,
to warn of the potential illegality.
(c)
The use of a product which has had a muffler
or sound dissipative device or element or design or noise level label
removed or rendered inoperative, with knowledge that such action has
occurred.
(10)
Vehicle, motorboat or aircraft repairs and testing.
Repairing, rebuilding or testing any motor vehicle, motorcycle, motorboat
or aircraft in such a manner as to cause a noise disturbance across
a residential real property line (boundary).
(11)
Explosives, firearms and similar devices. Firing any
explosives, firearms or similar devices which create impulsive sound
so as to create a noise disturbance across a residential property
line or commercial property line (boundary) or on a public space or
right-of-way.
(12)
Air conditioners. Maintaining any refrigeration machinery
or air conditioning, consisting of air compressors or rotating or
reciprocating machinery, in such a manner as to create a noise disturbance
across a residential property line (boundary).
(13)
Consumer
fireworks. The discharge of consumer fireworks (as defined in Pennsylvania
Act 43 of 2017), except during the following date/times:
[Added 2-8-2022 by Ord. No. 932-2022]
C.
Motor vehicle prohibitions.
(1)
Motor vehicles and motorcycles on public rights-of-way.
No person shall operate or cause to be operated a public or private
motor vehicle or motorcycle, or any equipment attached to such a vehicle,
on a public right-of-way at any time in such a manner that the sound
level emitted by the motor vehicle or motorcycle, or any equipment
attached to such a vehicle, exceeds the level set forth in Pennsylvania
Department of Transportation Regulations Title 67, Chapter 157, Subchapter
b, 67 Pa. Code § 157.11.
(2)
Standing motor vehicles. No person shall operate or
permit the operation of any motor vehicle or any auxiliary equipment
attached to such a vehicle, for a period longer than 15 minutes in
any hour while the vehicle is stationary, for reasons other than traffic
congestion, anywhere within 150 feet of any residence in such a manner
as to cause a noise disturbance across a residential property line
(boundary).
(3)
Unnecessary horn blowing. No person shall at any time
sound the horn or other warning device of a vehicle except when absolutely
necessary as a warning while actually driving such vehicle.
(4)
Sound trucks. No person shall operate sound-amplifying
equipment mounted on or attached to any motor vehicle at any time
in such a manner as to exceed the maximum permissible motor vehicle
noise emissions as set forth herein.
(5)
Motor/engine retarder devices. No person shall use
a motor/engine retarding device while operating a truck, tractor,
motor carrier vehicle, motor vehicle, or any other vehicle within
the Borough of Columbia. The prohibition against use of a motor/engine
retarding device shall not apply to an emergency vehicle, as defined
in Pennsylvania Title 75,[1] when said emergency vehicle is actually responding to
an emergency call.
[Added 8-12-2002 by Ord. No. 712]
[1]
Editor's Note: See 75 Pa.C.S.A. § 101
et seq.
D.
Prima facie violation. The noise from any of the aforesaid
acts that disturbs two or more residents who are in general agreement
as to the times and durations of the noise and who reside in separate
residences, including apartments and condominiums, located across
a property line (boundary) from the property on which the source of
the noise is generated shall be prima facie evidence of a noise disturbance.
A.
Maximum permissible sound levels by zoning districts.
No person shall operate or cause to be operated any source of sound
in such a manner as to create a sound level which exceeds the limits
set forth in the zoning designations category in Table I hereof when
measured at or across the property line (boundary) from the noise
source. Any sound source that produces sound in excess of those levels
shall constitute a noise disturbance.
[Amended 10-8-2001 by Ord. No. 706]
|
Table I
| |||
|---|---|---|---|
|
Sound Levels By Zoning Districts
| |||
|
Sound-Level Limit
[dB(A)]
| |||
|
Zoning District of Property
on Which Noise Source is Located
|
8:00 a.m. to 9:00 p.m.
|
9:00 p.m. to 8:00 a.m.
| |
|
Residential (P, C, RR, LDR, MDR, HDR, HDRM,
INSR, MDRB)
|
57
|
52
| |
|
Commercial (DC, LB, CR, NC, HC, RC)
|
67
|
62
| |
|
Manufacturing (LI, GI)
|
77
|
77
| |
B.
When exceeded. The sound-level limits set forth in Subsection A, Table I, hereof shall be exceeded when any one or more of the following occurs:
(1)
The sound at any one point in time exceeds any of the established zone limits in Subsection A, Table I, hereof by a measured sound level of 15 dB(A).
C.
Ambient sound. In the event that the background ambient sound levels in an area of suspected noise disturbance exceed the levels set forth in Subsection A, Table I, hereof, the sound level of the intrusive sound source shall be measured with the ambient background sound level being substituted as the Table I sound-level limit.
D.
Where measured. For the purposes of this section,
sound shall be measured at or beyond the property line (boundary)
of the property on which the noise source is located.
E.
Pure tone and impulsive sound. For any source of sound which emits a pure tone or impulsive sound, the limits set forth in Subsection A, Table I, hereof shall be reduced by five dB(A).
F.
Adjustment for nonconforming uses. Any noise which occurs on property which, according to Chapter 220, Zoning, is being used in a legally nonconforming manner, and which noise relates to such use, shall be judged as if the property bore a zoning designation under which the use would be conforming.
G.
Measuring instruments. All sound measurements shall
be made on a sound-level meter calibrated in the manner required by
the manufacturer's specifications.
The following sounds are exempted from the provisions
of this chapter:
A.
Amplified announcements. Electronically amplified
announcements at athletic events.
B.
Blasting. Blasting and demolition as permitted by
appropriate Borough authorities and bodies, which blasting and demolition
may occur only between the hours of 9:00 a.m. and 4:00 p.m., Monday
through Friday, unless specifically authorized by such permit.
C.
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:
D.
Emergency work. Sounds caused by the performance of
emergency work or by the ordinary and accepted use of emergency apparatus
and equipment.
E.
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.
F.
School and public activities. Sounds not electronically
amplified, created by organized school-related programs, activities,
athletic and entertainment events or other public programs, activities
or events, other than fireworks or fireworks displays and motor vehicle
racing events.
(1)
Any person responsible for any activity or event involving fireworks or fireworks displays shall apply with the Bureau of Police for an application for a special variance from noise control in accordance with § 149-7B, prior to applying for a fireworks permit.
(2)
Any person involved in any motor vehicle racing event
shall apply for a special variance from noise control with the Bureau
of Police.
G.
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.
A.
Variances.
(1)
Authority. The Noise Control Board shall have the
authority to grant variances, consistent with the provisions of this
section, after public hearing, upon application of any person who
owns, controls or operates any sound source which does not comply
with the provisions or standards of this chapter.
(2)
Application. The application shall state the standard,
provision or section from which the variance is being sought and the
period of time and reasons for which the variance is sought. It shall
contain information which demonstrates that bringing the sources of
sound or activity for which the variance is sought into compliance
with this chapter would constitute an unreasonable hardship on the
applicant, and it shall contain any other supporting information which
may reasonably be required.
(3)
Public notification. Public notice of an application
and the date, time and place of the public hearing to be held thereon
for a variance shall be given by publishing notice thereof in a newspaper
of general circulation in the Borough at least once, not less than
three days prior to the scheduled public hearing and by, if practicable,
conspicuously posting the premises that is the source of the sound
for which the variance is sought.
(4)
Hearing. The Board shall hold a public hearing to
decide variance applications presented to it. Any person who claims
to be affected by allowance of the variance may become a party to
the hearing.
(5)
Review standards. In determining whether to grant
or deny the application, the Board shall balance the hardship to the
applicant versus the adverse impact to the public health, safety and
welfare and shall consider, at a minimum, the following conditions:
(a)
The physical characteristics of the emitted
sound.
(b)
The times and duration of the emitted sound.
(c)
The geography, zone and population density of
the affected area.
(d)
Whether the public health and safety is endangered.
(e)
Whether the sound source predates the receiver(s).
(f)
Whether compliance with the standard(s) from
which the variance is sought would produce hardship without equal
or greater benefit to the public.
(6)
Decision. The Board shall render a written decision
in granting or denying the application for variance and, if denied,
shall state the reasons therefor. The Board's decision shall be made
available to the applicant and any other person who requests it in
writing. In granting a variance the Board may attach reasonable conditions,
including but not limited to placing a time limit on the permitted
activity and/or establishing a time schedule within which the source
of sound or activity for which the variance was sought must be brought
into compliance with this chapter. Where the grant of a variance is
conditioned, the variance shall not become effective until all conditions
are agreed to by the applicant. Noncompliance with any condition of
the variance shall terminate it and subject the person holding it
to those provisions of this chapter regulating the source of sound
or activity for which the variance was granted. Variances may be granted
for a period of up to one year. The person obtaining the variance
may reapply for additional variance periods under terms set forth
by the applicant and the Board.
(7)
Appeals. Appeal from an adverse decision of the Board
shall be made to the Court of Common Pleas of Lancaster County.
B.
Special variances. The Chief of the Bureau of Police or his designee may, upon application, and guided by the standards for review set forth in § 149-7A(5) hereof, grant special variances for infrequent events or activities which do not exceed 24 hours in duration. Such special variances are not renewable except by action of the Board pursuant to § 149-7A hereof. The Board shall hear and decide all appeals from the denial of a special variance, the practice and procedure thereon to be in accordance with § 149-7A hereof.
C.
Noise Control Board. The Noise Control Board, for
the purposes of this chapter, shall be the Zoning Hearing Board, which
Board shall have full authority to carry out the duties of the Noise
Control Board, as set forth in this chapter. All applications to the
Board shall be filed through the Zoning Officer and shall be accomplished
by an application fee as set from time to time by resolution of the
Borough Council. The hearing shall be held not more than 30 days following
the filing of the application and the decision thereon rendered within
45 days of the last hearing in the case before the Board.
A.
This chapter shall be enforced by the Bureau of Police.
B.
Any Borough of Columbia law enforcement officer, in
addition to any other authority vested in him, has the power, upon
presentation of credentials, to enter and inspect any dwelling, multifamily
dwelling, building, structure or premises within the Borough of Columbia
as may be necessary to enforce the provisions of this chapter, provided
that permission is obtained from the occupant or, in the case of unoccupied
property, from the owner or his agent. If such permission is refused,
a search warrant must be obtained, upon the showing of probable cause
to believe that a violation of this chapter may exist, before such
entry or inspection is made.
C.
Any Borough of Columbia law enforcement officer, in
addition to any other authority vested in him, may stop any motor
vehicle, motorcycle or motorboat operated on a public right-of-way,
public space or public waterway reasonably suspected of violating
this chapter and issue a notice of violation or abatement order which
may require the motor vehicle, motorcycle or motorboat to be inspected
or tested.
A.
Whoever violates any provisions of this chapter shall,
upon conviction thereof in a summary proceeding, be fined not more
than $1,000 for each offense, plus costs of prosecution, to be collected
as other fines and costs are by law collectible, and, in default of
payment of such fine and costs, be imprisoned for not more than 30
days. Each day during which a violation occurs shall constitute a
separate offense.
B.
This chapter and the foregoing penalties shall not
be construed to limit or deny the right of the Borough of Columbia
or any person to such equitable or other remedies as may otherwise
be available with or without process of law.
The Borough of Columbia Secretary/Treasurer
shall provide notice of this chapter by having copies of this chapter
posted in, on or about such public or quasi-public places as may be
determined by the Mayor, Borough Council and the Police Department
in order that the public may be constantly informed of the Noise Ordinance.
This chapter shall be cumulative and in addition
to any other laws in force.
