[Ord. 2058, 2/9/2009, § 1]
1.
Title. This Part shall be known and may be cited as the "Pottstown
Borough Noise Control Ordinance."
2.
Purpose. This Part aims to prohibit noise that disrupts the health,
safety and welfare in the Borough. The residents of the Borough recognize
that uncontrolled noise represents a danger to their physical, mental,
and social well-being, and that each person in the community is entitled
to live in an environment in which noise is minimized for the community
good. This Part attempts to foster mutual respect among residents
and establish a community position against noise disturbances.
3.
Applicability. The requirements of this Part shall apply to the control
of all sound originating within the limits of Pottstown Borough.
4.
Relationship with Other Restrictions. The provisions of this Part
are not intended to interfere with, abrogate or annul other rules,
regulations or ordinances, including Title 18 (Crimes Code) and Title
75 (Vehicle Code) of the Pennsylvania Consolidated Statutes. If more
stringent requirements concerning noise abatement are contained in
the other rules, regulations or ordinances, the more stringent regulation
shall apply.
[Ord. 2058, 2/9/2009, § 2]
For the purpose of this Part, the following words, terms and
phrases shall have the meaning indicated herein:
The Borough of Pottstown
Any sound emitted by a person, an appliance, equipment, an
instrument, other device, or animal.
Any noise which endangers, would endanger or is likely to
endanger the safety or health of humans or animals; annoys, would
annoy or is likely to annoy, or disturbs, would disturb or is likely
to disturb, a reasonable person of ordinary sensibilities; endangers,
would endanger or is likely to endanger, or injures, would injure
or is likely to injure, personal or real property; disturbs, would
disturb or is likely to disturb, the peace; or creates, would create
or is likely to create, a nuisance.
An individual, association, trust, partnership or corporation,
including any members, directors, officers, employees, partners or
principals thereof.
[Ord. 2058, 2/9/2009, § 3]
1.
General Prohibition. It shall be unlawful for any person to make,
or cause or suffer or permit to be made or caused, upon premises owned,
occupied or controlled by him or it or upon any public land, street,
alley or thoroughfare in the Borough any unnecessary noises or sounds,
by means of the human voice or by any other means or methods that
generate or reproduce sounds which are prolonged, unnatural or unusual
in their use, time and place, as to occasion physical discomfort or
which are otherwise injurious to the lives, health, peace and comfort
of the inhabitants of said Borough or any number of residents thereof.
2.
Specific Prohibitions.
A.
No person shall possess, harbor or keep an animal or bird which makes
any noise continuously and/or persistently for a period of 15 minutes
or more, or makes such noise intermittently for a period of 30 minutes
or more, in such a manner as to disturb or annoy any person at any
time of the day or night, regardless of whether the animal is situated
upon private property.
B.
No person shall operate or permit to be operated any type of vehicle,
machinery, appliance, equipment or hand tool which emits noise beyond
the boundary of the property upon which said machinery, appliance,
equipment or hand tool is being operated or used between the hours
of 9:00 p.m. and 7:00 a.m. (9:00 a.m. on Sundays and national holidays)
local time.
C.
No garbage/recycling trucks shall be permitted to pick up trash/recycling
material within the Borough between the hours of 6:00 p.m. and 6:00
a.m. (9:00 a.m. on Sundays and national holidays).
D.
No person shall use or permit the use of an automobile horn between
the hours of 9:00 p.m. and 7:00 a.m. (9:00 a.m. on Sundays and national
holidays), except in the case of emergency situations.
E.
No person shall operate, play or permit the operation or playing
of any radio, television, stereo, musical instrument, sound amplifier,
or similar type of device which creates, reproduces or amplifies sound:
F.
No person shall load, open, close or otherwise handle boxes, crates,
containers, building materials, garbage cans or other objects between
the hours of 9:00 p.m. and 7:00 a.m. in such a manner as to create
a noise disturbance across a residential lot line.
G.
No person shall remove or render inoperative, other than for purposes
of maintenance, repair, replacement or other work, any muffler or
sound dissipating device or element of design or noise label of any
product.
H.
No person shall operate a motorcycle, truck, automobile or other
motor vehicle in such a manner as to cause or create a noise disturbance.
This prohibition is intended to include and encompass alarm devices
on said motor vehicles.
I.
No person shall make, continue, or cause to be made or continued
any noise which creates or causes a noise disturbance.
J.
Use of fireworks as permitted and defined by Pennsylvania state law
shall be limited to the following days and hours:
[Added by Ord. No. 2208, 12/13/2021; as amended by Ord.
No. 2215, 9/12/2022]
(1)
July 2nd, July 3rd, and July 4th until 1:00 a.m. of the following
day. When July 4th falls on a Tuesday, Wednesday or Thursday, on the
immediately preceding and following Friday and Saturday.
(2)
December 31st until 1:00 a.m. the following day.
(3)
Memorial Day, including the immediately preceding Saturday and Sunday.
(4)
Labor Day, including the immediately preceding Saturday and Sunday.
(5)
All other days, use of fireworks is prohibited between 10:00 p.m.
and 10:00 a,m,
[Ord. 2058, 2/9/2009, § 4]
The following uses and activities shall be exempt from the noise
regulations of this Part:
A.
Noise of safety signals, warning devices, emergency pressure relief
values, or other sound needed to alert people about an emergency.
B.
Noise resulting from any authorized emergency vehicle when responding
to an emergency all or from any source acting in time of emergency.
C.
Noise resulting from the performance of emergency work or by the
ordinary and accepted use of emergency apparatus and equipment.
D.
Noise resulting from public festivals, celebrations, lawful fireworks,
as permitted and regulated by § 803, Subsection 2J, above,
and noisemakers, when permitted, by the Borough or use for celebration
of an official holiday authorized by the Borough, commonwealth or
federal government.
[Amended by Ord. No. 2208, 12/13/2021]
E.
Un-amplified human voices between the hours of 7:00 a.m. and 9:00
p.m.
F.
Routine and customary ringing of bells and chimes by a place of worship.
G.
Noise resulting from any official Borough, school district or private
school athletic, recreational or other such outdoor activity.
H.
A snow plow in operation or other snow removal equipment operated
within the manufacture's specifications and with all standard noise
reducing equipment in use, unmodified and in proper operating condition.
I.
Blasting, only if performed in accordance with a permit issued by
the Pennsylvania Department of Environmental Protection, the Borough
or any other governmental agency having jurisdiction. Such blasting
may occur only between the hours of 7:00 a.m. and 5:00 p.m., Monday
through Friday, unless specifically authorized at different time by
the appropriate permit.
J.
Any train or aircraft operating pursuant to Commonwealth or Federal
regulations.
K.
The provision, repair and maintenance of municipal facilities, services
or public utilities.
L.
Appliances, lawn and garden equipment or household power tools in
use between the hours of 7:00 a.m. and 9:00 p.m., provided such are
operated within the manufacturer's specifications and with all standard
noise-reducing equipment and use, unmodified and in proper operating
condition.
M.
Activities authorized by Borough permit as provided herein and activities
conducted in accordance with the conditions of the permit for use
of public property or the public rights-of-way approved by the Borough.
N.
The provisions of this Part shall not apply to noise generated by
a permitted use or a pre-existing, legal, nonconforming use in the
Downtown Zoning District between the hours of 9:00 a.m. and 10:00
p.m. Sunday through Thursday and from 9:00 a.m. to 12:00 midnight
on Friday, Saturday, and on federally recognized holidays, and the
day before federally recognized holidays.
[Added by Ord. No. 2185, 5/13/2019]
[Ord. 2058, 2/9/2009, § 5]
1.
Any Borough law or code enforcement officer may issue an order requiring
the immediate abatement of any source of sound in violation of this
Part. The order may be verbal or in writing. If written, the owner
or operator of the subject property or equipment shall be notified
of the violation upon hand or certified mail delivery of the order,
which shall specify the nature, date and time of the code violation
and shall set forth the date and time by which the violation must
be abated, which date and time shall not be more than 72 hours from
the time of notification. If a person or entity does not comply with
the written or verbal abatement order upon its issuance within the
time specified in the order, a summary citation may be issued for
such violation.
2.
Any person or business entity who shall violate any of the provisions
of this Part shall, upon summary conviction thereof, be punishable
by a fine of not more than $1,000 plus costs of prosecution, and,
in default of such fine and costs by imprisonment in the county jail
for a term not exceeding 30 days. Each violation of any of the provisions
of this Part shall be deemed to be a separate and distinct offense,
and each day that a violation continues beyond the time limits set
forth in the abatement order shall be deemed to be a separate and
distinct offense.
[Ord. 2058, 2/9/2009, § 6]
A temporary waiver from strict compliance with this Part may
be granted for:
A.
Emergencies as determined by the Borough Manager to protect the health,
safety and welfare or to comply with other laws, regulations, or ordinances;
and
B.
Special events as approved by Borough Council or its designee, upon
the filing of a written request with the Borough Manager, together
with such information as the Borough may reasonably require to determine
whether such relief is appropriate.
