Borough of Shippensburg, PA
Cumberland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Shippensburg 1-19-1999 by Ord. No. 703, approved 1-19-1999. (This ordinance also repealed former Ch. 105, adopted 6-20-1995 by Ord. No. 651, approved 6-20-1995.) Amendments noted where applicable.]
GENERAL REFERENCES
Nuisances — See Ch. 106.
The Shippensburg Borough 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 Borough of Shippensburg.
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.
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 sounds include explosions, dropped forge impacts and discharge of firearms.
MUFFLER OR SOUND DISSIPATIVE DEVICE
A device designed or used for decreasing or abating the level of sound escaping from an engine or machinery system.
NOISE
Any sound which annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans.
NOISE DISTURBANCE
Any noise which:
A. 
Endangers or injures the safety or health of humans or animals.
B. 
Annoys or disturbs a reasonable person of normal sensitivities.
C. 
Endangers or injures personal or real property.
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 OR BOUNDARY LINE
An imaginary line drawn through the points of contact or adjoining lands, apartments, condominiums, townhouses and duplexes owned, rented or leased by different persons; a demarcation or a line of separate properties; and also, for any two or more buildings sharing a 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 open to public use as a matter of right.
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, with or without structures, exclusive of any areas devoted to public right-of-way.
A. 
Noise disturbance prohibited. 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 of control.
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 create a noise disturbance across a property or boundary line, or between the hours of 10:00 p.m. and 7:00 a.m. a noise that can be heard across a property or boundary line.
[Amended 2-19-2013 by Ord. No. 892, approved 2-19-2013]
(b) 
In such a manner as to create a noise disturbance across a property or boundary line, or a noise that can be heard at a distance of 50 feet from such device, when the device is operated in or on a motor vehicle or hand carried on a public right-of-way or public space.
[Amended 2-19-2013 by Ord. No. 892, approved 2-19-2013]
(c) 
In such a manner as to create a noise disturbance to any person other than the operator of the device.
(2) 
Yelling and shouting, etc. Engaging in loud or raucous yelling, shouting, hooting, whistling or singing:
(a) 
On the public streets between the hours of 10:00 p.m. and 7:00 a.m.; or
(b) 
At any time or place in such a manner as to create a noise disturbance.
(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 10:00 p.m. and 7:00 a.m., Monday through Saturday or at any time on Sundays or legal holidays, such that the sound therefrom creates a noise disturbance across a residential real property or boundary line, except for emergency work.
(4) 
Domestic power tools. Operating or permitting the operation of any mechanically powered saw, sander, grinder, lawn or garden tool or similar devices used outdoors between the hours of 10:00 p.m. and 7:00 a.m.
(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 10:00 p.m. and 7:00 a.m. in such a manner as to cause a noise disturbance across a residential property or boundary line. This section shall not apply to municipal or utility services in or about a public right-of-way.
(6) 
Animals.
[Amended 8-21-2001 by Ord. No. 742, approved 8-21-2001]
(a) 
For the purposes of this subsection "animal" is defined as any dog, cat or other domesticated animal or fowl or any undomesticated animal confined on that person's premises.
(b) 
No person shall allow any animal, as defined in Subsection B(6)(a) above, to make any loud or harsh noise or disturbance continuously or incessantly for a period of 10 minutes or to make such noise intermittently for 1/2 hour or more to the disturbance of any person at any time of the day or night which shall interfere with or deprive the peace, quiet, rest or sleep of any person within the borough; provided, however, that at the time such animal is making such noise, no person is trespassing or threatening to trespass upon private property in or upon which the animal is situate or for any other legitimate cause which teased or provoked the animal.
(7) 
Powered model vehicles. Operating or permitting the operation of powered model vehicles so as to create a noise disturbance across a residential property or boundary line between the hours of 10:00 p.m. and 7:00 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, except between the hours of 7:00 a.m. and 10:00 p.m.
(9) 
Tampering. The following acts or the causing thereof are prohibited:
(a) 
The removal or rendering inoperative by any person, other than for the purpose of maintenance, repair or replacement, of any muffler or sound dissipative device or element of design.
(b) 
The use of product or equipment which has had a muffler or sound dissipative device or element of design removed or rendered inoperative.
(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 real property or boundary line.
(11) 
Motor vehicle prohibitions.
(a) 
Standing motor vehicles. No person shall operate or permit the operation of any vehicle or any auxiliary equipment attached to such a vehicle, for a period of longer than 15 minutes in any hour while the vehicle is stationary, for reasons other than traffic congestion, anywhere within 100 feet of any residence in such a manner as to cause a noise disturbance across a residential property or boundary line.
(b) 
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.
The following sounds are exempted from the provisions of this chapter.
A. 
Amplified announcements: electronically amplified announcements at athletic events.
B. 
Blasting. Blasting may occur only between the hours of 8:00 a.m. and 5:00 p.m., Monday through Saturday. No blasting is permitted on Sundays.
C. 
Concerts, 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 a.m.
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.
[Amended 2-19-2013 by Ord. No. 892, approved 2-19-2013]
Any person, firm, or corporation violating any of the provisions of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not less than $25 nor more than $300, and costs of prosecution, and, in default of payment of such fine and costs, to imprisonment for not more than 10 days. A separate offense shall be deemed committed on each day during which a violation occurs or continues.
If any sentence, clause, paragraph, section or portion of this chapter is declared by any court of competent jurisdiction to be illegal, invalid or unconstitutional, such declaration shall not affect the remaining provisions of this chapter.