[HISTORY: Adopted by the Borough Council of the Borough of
Manheim 2-23-2016 by Ord. No. 647.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 145,
Noise, adopted 5-10-2005 by Ord. No. 590 (Ch. 6, Part 6, of the 1992
Code).
This chapter shall be known and may be cited as the "Manheim
Borough Noise Nuisance Ordinance."
The Borough Council, finding that excessive levels of sound
are detrimental to the physical, mental and social well-being of Borough
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 noise within the
Borough.
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage.
Any sound which:
Any individual, association, partnership, corporation or
other legally recognized entity. 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 to corporations, the officers and managers thereof
or any of them.
Any sound which clearly can be heard at a distance of 50
or more feet. Words or phrases need not be clearly discernible for
a sound to be plainly audible from the source.
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 said
buildings. All areas devoted to public right-of-way shall be deemed
to be across the property line. For the purpose of this regulation,
the property line includes all points on a plane formed by projecting
the property line in a manner deemed appropriate by the enforcing
Borough official or employee.
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.
All land, whether publicly or privately owned, whether improved
or not improved, with or without structures, exclusive of any areas
devoted to the public right-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.
Any radio, tape player, compact disc player, loudspeaker,
or other electronic device used for the amplification of sound.
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 to 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, televisions, sound-amplification devices, musical instruments
and similar devices.
(a)
Operating, playing or permitting the operation or playing of
any radio, television, drum, musical instrument, audio equipment,
sound-amplification device or similar device which produces, reproduces,
or amplifies sound:
[1]
At any time in such a manner as to cause a noise disturbance
across a property line (boundary), or between the hours of 10:00 p.m.
and 7:00 a.m. Sunday through Thursday, or between the hours of 11:00
p.m. and 7:00 a.m. on Friday or Saturday, so as to be plainly audible
across a property line (boundary); or
[2]
In such a manner as to be plainly audible when the device is
operated in or on a motor vehicle or hand-carried on a public right-of-way
or public space.
(b)
Exceptions: Notwithstanding the foregoing, the operation of
a musical instrument or a sound-amplification system within a vehicle
operated by a police, fire or emergency medical service agency or
within a vehicle responding to an emergency or by a person participating
in a public activity, such as a parade or civic celebration authorized
by the Borough or the operation of a musical instrument or a sound
amplification system due to a special event that has been approved
by the Borough which produces plainly audible sounds shall not be
in violation of this chapter.
(4)
Trash/garbage/recycling collection and pickup. Collecting or picking
up dumpsters or roll-offs associated with the disposal of trash, garbage
and/or recycling by licensed trash haulers between 10:00 p.m. and
5:00 a.m. Special pickups, if approved within contract(s) between
haulers and the Borough, shall be exempt from these time limit requirements.
Any person who shall violate any provision of this chapter shall
be liable, upon conviction therefor, to fines and penalties of not
less than $50 nor more than $600 plus costs of prosecution, which
fines and penalties may be collected as provided by law.
