[HISTORY: Adopted by the City Council of
the City of Lancaster as Article 734 of the Codified Ordinances. Amendments
noted where applicable.]
The Council, finding that excessive levels of
sound are detrimental to the physical, mental and social well-being
of the residents as well as to their comfort, living conditions, general
welfare and safety, and being therefore a public health and welfare
hazard, hereby declares it to be necessary to provide for the greater
control and more effective regulation of excessive sound and the sources
of excessive sound within the City.
This chapter shall also be known as the "Lancaster
Noise Control Ordinance."
[Amended 10-13-1998 by Ord. No. 8-1998]
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.
A motor/engine retarding device, or any retarding device
or system that brakes on the motor or engine rather than on the wheels
as a means of slowing or stopping a truck, truck tractor, motor carrier
vehicle, motor vehicle or vehicle.
[Amended 3-23-2004 by Ord. No. 2-2004]
The erection, repair, renovation, demolition or removal of
any building or structure and the excavation, filling, grading and
regulation of lots in connection therewith.[2]
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 truck, truck tractor or combination having a gross weight
or registered gross weight in excess of 17,000 pounds.
An unclosed motor vehicle, having a saddle for the use of
the operator, with two or three wheels in contact with the ground,
including, but not limited to, motor scooters and mini bikes.
[Added 7-24-2007 by Ord. No. 11-2007]
A vehicle which is self-propelled, except one which is propelled
solely by human power or by electric power obtained from overhead
trolley wires, but not operated upon rails.
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 electrical, mechanical or chemical device or instrument,
or combination thereof, that creates noise during its operation by
a person.
[Added 7-24-2007 by Ord. No. 11-2007]
In addition to the sounds specified in §198-4B hereof, any sound which:
[Amended 7-24-2007 by Ord. No. 11-2007]
Actual control by a person.
[Added 7-24-2007 by Ord. No. 11-2007]
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 separate 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.[3]
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 cause 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.[4]
A motor vehicle designed, used or maintained primarily for
the transportation of property.
A motor vehicle designed and used primarily for drawing other
vehicles and not so constructed as to carry a load other than a part
of the weight of the vehicle and load so drawn.
Every device in, upon or by which any person or property
is or may be transported or drawn upon a highway, except devices used
exclusively upon rails or tracks.[5]
[1]
Editor's Note: The former definitions of “ambient
noise” and “A-weighted sound level,” which definitions
immediately preceded this definition, were repealed 7-24-2007 by Ord.
No. 11-2007.
[2]
Editor's Note: The former definition of “decibel;
dB," which definition immediately followed this definition, was repealed
7-24-2007 by Ord. No. 11-2007.
[3]
Editor's Note: The former definition of “pure
tone,” which definition immediately followed this definition,
was repealed 7-24-2007 by Ord. No. 11-2007.
[4]
Editor's Note: The former definitions of “sound
level” and “sound level meter,” which definitions
immediately followed this definition, were repealed 7-24-2007 by Ord.
No. 11-2007.
[5]
Editor's Note: The former definition of “zoning
districts,” which definition immediately followed this definition,
was repealed 7-24-2007 by Ord. No. 11-2007.
A.
Noise disturbance prohibited. No person shall make,
continue or cause to be made or cause to be continued any noise disturbance
by any means, nor shall any person suffer, allow or permit any noise
disturbance, by any means, to be made or continued from or at any
property, whether public or private, real or personal, that is subject
to such person's right to control.
[Amended 3-23-2004 by Ord. No. 2-2004]
B.
Specific prohibitions. The following acts and the
causing thereof are declared to be noise disturbances and 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 be plainly audible across a property
line (boundary);
(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; or
(c)
In such a manner as to create a noise disturbance
to any person other than the operator of the device, when operated
by any passenger or a common carrier.
(3)
Construction.
(a)
Operating or permitting the operation of any
tools or equipment used in construction operations, drilling or demolition
work between the hours of 9:00 p.m. and 7:00 a.m. the following day
on weekdays and Saturdays or any time on Sundays or legal holidays,
such that the sound therefrom creates a noise disturbance across the
residential real property line (boundary), except for emergency work.
[Amended 7-24-2007 by Ord. No. 11-2007]
(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 § 198-5A, 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 section 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 sounds 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.
(8)
Street sales. Offering for sale or selling by shouting
or outcry or by any other amplified or unamplified sound within any
residential or commercial area (see § 198-5A, Table I) except
between the hours of 8:00 a.m. and 9:00 p.m. and at no time in such
a manner as to violate § 198-5A.
(9)
Tampering. The following acts or the causing thereof
are prohibited:
(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 label of any product;
(c)
The use of a product which has had a muffler
or sound dissipative device or element of design or noise 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).
C.
Prohibition of certain noises upon public rights-of-way
and/or by the use of motor vehicles and noise-creating devices.
[Amended 10-13-1998 by Ord. No. 8-1998; 3-23-2004 by Ord. No. 2-2004; 7-24-2007 by Ord. No. 11-2007]
(1)
Motor vehicle 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 noise
or sound level emitted by the motor vehicle or motorcycle, or any
equipment attached to such a vehicle, violates or exceeds the levels
set forth in Pennsylvania Department of Transportation Regulations
Title 67, Chapter 157, Subchapter B, 67 Pa. Code § 157.11. With
respect to motorcycles, all motorcycles shall be equipped with a muffler
or other noise-suppressing system in good working order at all times.
No motorcycle with an exhaust system that has been altered or modified
in any way to enable the exhaust system to amplify or increase the
sound level in excess of the established sound levels set forth in
the Pennsylvania Department of Transportation Regulations Title 67
Pa. Code §157.11(a), shall be operated on any public rights-of-way.
(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 in Subsection C(1) hereof.
(5)
Motor/engine retarder devices. No person shall use
a brake retarder or other motor/engine retarding device while operating
a truck, truck tractor, motor carrier vehicle, motor vehicle or any
other vehicle within the City of Lancaster. The prohibition against
use of a brake retarder or other motor/engine retarding device shall
not apply to an "emergency vehicle" as defined in Pennsylvania Title
75 when said emergency vehicle is actually responding to an emergency
call.
(6)
No person shall cause or allow the tires of a motor
vehicle, which the person is operating, to squeal except when necessary
in order to avoid a collision with another person, vehicle or other
property.
(7)
No person, while occupying any public right-of-way
in the City, shall operate any noise-creating device in such a manner
that the public’s attention is drawn to the source of the noise.
The prohibition of this section shall include rapid throttle advance
and/or revving of an internal combustion engine resulting in increase
of noise from the engine.
D.
Prima facie violation. The noise from any of the aforesaid
prohibited 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.
[1]
Editor's Note: Former § 198-5, Sound
level by zoning districts, as amended, was repealed 7-24-2007 by Ord.
No. 11-2007.
The following sounds are exempted from the provisions
of this chapter:
A.
Amplified announcements. Electronically amplified
announcements at athletic events.
B.
Blasting. Blasting under permit by the Bureau of Fire,
which blasting 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.
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 § 198-7B, prior to applying for a Fire Bureau 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.
H.
Expression or communication protected by the United
States Constitution, including the First Amendment, or the Pennsylvania
Constitution.
[Added 7-24-2007 by Ord. No. 11-2007]
I.
Any activity or contact the regulation of which has
been preempted by Pennsylvania statute.
[Added 7-24-2007 by Ord. No. 11-2007]
J.
Any noise created by a governmental entity in the
performance of an official duty.
[Added 7-24-2007 by Ord. No. 11-2007]
K.
Any noise for which a permit has been issued by an
authority having jurisdiction to issue the permit.
[Added 7-24-2007 by Ord. No. 11-2007]
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 City 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 receivers;
and
(f)
Whether compliance with the standards 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 City' s Zoning Officer may, upon application and guided by the standards for use as set forth in Subsection A(5) hereof, grant special variances for infrequent events or activities, including but not limited to band concerts, block parties, church carnivals or other performances or similar activities, publicly or privately sponsored and presented at any public or private space outdoors. Special variances are not renewable except by action of the Board pursuant to Subsection A hereof. The Board shall herein decide all appeals from the denial of a special variance, the practice and procedure thereon to be in accordance with Subsection A hereof.
[Amended 6-28-2011 by Ord. No. 6-2011; 1-26-2021 by Ord. No. 02-2021]
C.
Noise Control Board. The Noise Control Board, for
the purposes of this chapter, shall be the Noise Control Board which
is hereby created in the City, consisting of five members who shall
serve without compensation, and which shall have full authority to
carry out the duties of the Noise Control Board, as set forth in this
chapter. The following provisions relate to the creation, appointment,
powers and meetings of such Noise Control Board:
[Amended 12-20-2011 by Ord. No. 19-2011]
(1)
A Noise
Control Board is hereby created in the City, which Board shall consist
of five members who shall be appointed by the Mayor with the advice
and consent of City Council.
(2)
One
member of the Noise Control Board, in the first instance, shall be
appointed to serve for one year, one member for two years, one member
for three years, one member for four years, and one member for five
years; and thereafter, one member of the Noise Control Board shall
be appointed annually to serve for the term of five years.
(3)
The
Noise Control Board shall have all of the powers and rights as set
forth in this chapter.
(4)
The
Noise Control Board shall meet at such times and places as it deems
proper and shall keep regular minutes of its proceedings. It shall
have the power, but not the requirement, to adopt rules and bylaws
to govern its proceedings.
(5)
All
applications to the Noise Control Board shall be filed through the
Director of Community Planning and Economic Development or his/her
designee and shall be accompanied by an application fee as set from
time to time by resolution of City Council. In the instance City Council
fails to establish the fee, the fee shall be $35. All hearings 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 Noise Control Board.
[Amended 1-26-2021 by Ord. No. 02-2021]
D.
Conditions of variances. All variances and special variances shall
be issued with the following condition: Should any neighbors complain
of excessive noise, a City of Lancaster Police Officer will be dispatched
to investigate the same and upon confirmation request that the noise
level be lowered. Noncompliance may result in termination of the affair
or event by the Lancaster Police Officer and/or denial of any future
variance.
[Added 1-26-2021 by Ord. No. 02-2021]
[Amended 11-28-2006 by Ord. No. 13-2006]
This chapter shall be enforced by the Bureau of Police. In addition, the Animal Law Enforcement Officer shall be authorized to enforce § 198-4B(6) and in so doing shall have the powers of a police officer except the power of arrest.
A.
Whoever violates any provisions of this chapter shall,
upon conviction thereof in a summary proceeding, be fined for a first
offense, not less than $150 and not more than $1,000; for a second
offense be fined not less than $300 and not more than $1,000; for
a third offense be fined not less than $500 and not more than $1,000,
to be collected as other fines and costs are by law collectible, or
imprisoned for not more than 90 days, or both. Whoever violates any
provision in this chapter for a fourth offense and for any subsequent
conviction shall, upon conviction thereof in a summary proceeding,
be fined $1,000, to be collected as other fines and costs are by law
collectible, and be sentenced to a term of imprisonment of not less
than five nor more than 90 days. Each day during which a violation
occurs shall constitute a separate offense.
[Amended 10-22-2002 by Ord. No. 11-2002; 7-24-2007 by Ord. No. 11-2007]
B.
This chapter and the foregoing penalties shall not
be construed to limit or deny the right of the City or any person
to such equitable or other remedies as may otherwise be available
with or without process of law.
[Added 10-22-2002 by Ord. No. 11-2002]
City Council shall be provided quarterly reports
regarding the enforcement of this chapter.
