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.
BRAKE RETARDER
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]
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
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage.
EMERGENCY WORK
Any work performed for the purpose of preventing or alleviating
the physical trauma or property damage threatened or caused by an
emergency.
IMPULSIVE SOUND
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.
MOTOR CARRIER VEHICLE
A truck, truck tractor or combination having a gross weight
or registered gross weight in excess of 17,000 pounds.
MOTORCYCLE
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]
MOTOR VEHICLE
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.
NOISE
Any sound which annoys or disturbs humans or which causes
or tends to cause an adverse psychological or physiological effect
on humans.
NOISE-CREATING DEVICE
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]
NOISE DISTURBANCE
In addition to the sounds specified in §
198-4B hereof, any sound which:
[Amended 7-24-2007 by Ord. No. 11-2007]
A.
Endangers or injures the safety or health of
humans or animals;
B.
Annoys or disturbs a reasonable person of normal
sensitivities; or
C.
Endangers or injures personal or real property.
OPERATION
Actual control by a person.
[Added 7-24-2007 by Ord. No. 11-2007]
PERSON
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.
POWERED MODEL VEHICLE
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.
PROPERTY LINE (BOUNDARY)
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.
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.
REAL PROPERTY
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.
SOUND
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.
TRUCK
A motor vehicle designed, used or maintained primarily for
the transportation of property.
TRUCK TRACTOR
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.
VEHICLE
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.
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]
[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.
All ordinances or part of ordinances conflicting with the provisions of this chapter are hereby repealed. It is hereby declared that the provisions of the Dog Law Ordinance codified as Chapter
96, Article
I, are not in conflict with this chapter and shall remain in full force and effect.
[Added 10-22-2002 by Ord. No. 11-2002]
City Council shall be provided quarterly reports
regarding the enforcement of this chapter.