Borough of Mount Gretna, PA Chapter 118 Noise

[HISTORY: Adopted by the Borough Council of the Borough of Mount Gretna 6-11-2012 by Ord. No. 182. Amendments noted where indicated.]

§ 118-1 Loud, unnecessary, or unusual noise is prohibited.

It shall be unlawful for any person to make, continue, or cause to be made or continued, any loud, unnecessary, or unusual sound or noise which unreasonably annoys, disturbs, injures, or endangers the comfort, repose, health, peace, or safety of others within Mount Gretna Borough, and which is audible to a person of normal hearing ability more than 50 feet from the point of origin of this sound or noise.

§ 118-2 Noises in violation.

Specific noises declared to be loud, unnecessary, or unusual and in violation of this chapter, but these noises are not deemed to be exclusive:

A. Horns, signaling devices. The sounding of any horn or signaling device on any automobile, motorcycle or other vehicle on any street or public place in the Borough, except as a danger warning; the creation of any unreasonably loud or harsh sound by means of this signaling device and the sounding of this device for an unnecessary and unreasonable period of time; the use of any signaling device except one operated by hand or electricity; the use of any horn, whistle or other device operated by engine exhaust and the use of this signaling device when traffic is for any reason held up is prohibited.

B. Radios, phonographs, similar devices. The using, operating or permitting to be played, used or operated of any radio, television set, compact disc, CD-ROM, musical instrument, phonograph, computer-generated musical instrument, or other machine or device for the producing or reproducing of sound in such manner as to unreasonably disturb the peace, quiet and comfort of the neighboring inhabitants or at any time with louder volume than is reasonably necessary for convenient hearing for the person who is in the room, vehicle or chamber in which this machine or device is operated and who is a voluntary listener thereto. The operation of the set, instrument, phonograph machine or device between the hours of 10:00 p.m. and 7:00 a.m. in such a manner as to be plainly audible at a distance of 50 feet from the room, building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this section.

C. Loudspeakers, amplifiers for advertising. The using, operating or permitting to be played, used or operated of any radio, television set, compact disc, CD-ROM, musical instrument, computer-generated musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure is prohibited. Announcements over loudspeakers shall only be made by the announcer in person and without the aid of any mechanical device.

D. Yelling, shouting, loud talking, and the like. Yelling, shouting, loud talking, whistling or singing on the public streets, particularly between the hours of 10:00 p.m. and 7:00 a.m., in such a manner as to be plainly audible at a distance of 50 feet from the point of origin, or at any time or place so as to unreasonably annoy or disturb the quiet, comfort or repose of persons in any office, dwelling, hotel or other type of residence or of any persons in the vicinity, is prohibited.

E. Noisy animals or birds. Anyone who keeps or maintains an animal or bird that unreasonably disturbs the comfort or repose of any person, because the animal or bird is emitting frequent or long continued sound or noise, and who continues to keep, maintain or allow any animal or bird to so disturb the comfort or repose of any person or persons shall be deemed in violation of this section, provided that the person keeping or maintaining the animal or bird has been first notified by the complaining party, a police officer, or other authorized Mount Gretna Borough representative, that this animal or bird being kept by the addressee is unreasonably disturbing his or her comfort or repose. This section shall be liberally construed to accomplish the objective of the section, and the person making this written notification need not use the exact words of this section to the addressee so long as the notification sufficiently informs the addressee of the nature of the disturbing noise emitted by the animal or bird. Upon receipt of a certified letter notifying the person keeping or maintaining such animal or bird, such person shall be required to immediately comply with this section.

F. Construction or repair of buildings. The erection, excavating, demolition, alteration or repair of any building other than between the hours of 7:00 a.m. and 7:00 p.m. Monday through Saturday, excluding national holidays, is hereby prohibited, except that the Borough Secretary may determine when the loss or inconvenience that would result to any party in interest is of such a nature as to warrant special consideration, then the Borough Secretary may grant a permit for a period not to exceed 10 days or less for this work to be done between the hours of 7:00 p.m. and 7:00 a.m.

G. Transportation of metal rails, similar materials. The transportation of rails, pillars or columns of iron, steel or other material over and along streets and other public places upon carts, drays, cars, trucks or in any manner so loaded as to cause unreasonably loud noises or as to unreasonably disturb the peace and quiet of those streets or other public places is prohibited.

H. Power equipment, construction equipment, similar equipment. The operation between the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday, excluding national holidays, from September 16 until the day before Memorial Day, and 8:00 a.m. until 5:00 p.m. from Memorial Day until September 15, of any power equipment, construction equipment, or similar equipment, the use of which is attended by unreasonably loud or unusual sounds or noises, is prohibited.

[Amended 11-11-2019 by Ord. No. 217]

I. Power equipment. The operation of any noise-creating blower or power fan or any internal combustion engine, the operation of which causes noise due to the explosion of operating gases, fluids, battery operated or electrical operated, is prohibited, except during the hours of Monday through Saturday, excluding national holidays, from 7:00 a.m. until 7:00 p.m. from September 16 until the day before Memorial Day, and 8:00 a.m. until 5:00 p.m. from Memorial Day until September 15.

[Amended 11-13-2017 by Ord. No. 209]

J. Sound trucks. The use of mechanical loudspeakers or amplifiers on trucks or other moving or standing vehicles for advertising or other commercial purposes is prohibited. The use of sound trucks for noncommercial purposes during such hours, and with such unreasonable volume as would constitute a public nuisance, is prohibited.

K. Exhausts. The discharge into the open air of the exhaust of any stationary internal combustion engine or motor vehicle or motor boat is prohibited, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.

L. Defect in vehicle or load. The use of any automobile, motorcycle or vehicle so out of repair, so loaded or in such manner as to create unreasonably loud and unnecessary grating, grinding, rattling or other noises is prohibited.

M. Loading, unloading, opening boxes. The creation of unreasonably loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and containers is prohibited.

N. Schools, churches, library. The creation of any unreasonably excessive noise on any street adjacent to any school, institution of learning, church or library, while the same are in use, which unreasonably interferes with the normal operation of said institution, provided that conspicuous signs are displayed in the streets indicating that it is a school, church, or library, is prohibited.

O. Hawkers, peddlers, vendors. The shouting and crying of peddlers, hawkers and vendors which disturbs the peace and quiet of the neighborhood is prohibited.

P. Noises to attract attention. The use of any drum or other instrument or device for the purpose of attracting attention to any performance, show, or sale is prohibited.

Q. Operation of motor vehicles. The operation of motor vehicles, including cars, trucks, motorcycles, upon any parking facility, public or private, vehicle access or pedestrian walkway, or street, public or private, so as to create unreasonable noise and to disturb the peace, quiet and comfort of the inhabitants of the neighborhood is prohibited.

R. Compression brakes. The use of brakes which are activated by the compression of the engine (i.e., Jacobs brake, jake brake, retarder) on any truck, automobile, or other vehicle is prohibited, except in the case of an emergency.

S. Trash; garbage; recycling collection and pickup. Trash, garbage and recycling collection and pickup shall only occur on Mondays through Saturdays, excluding national holidays, between the hours of 7:00 a.m. and 7:00 p.m.. from September 16 until the day before Memorial Day, and from 8:00 a.m. until 5:00 p.m. from Memorial Day until September 15. Trash, garbage and recycling collection and pickup shall not occur on Sundays.

[Added 9-9-2019 by Ord. No. 216]

§ 118-3 Exemptions.

The following noises are determined not to be violations of this chapter:

A. Any vehicle of the Borough, or other governmental agency, while engaged in necessary public business;

B. Excavations or repairs of streets by or on behalf of the Borough or state at night when public welfare and convenience renders it impossible to perform this work during the day;

C. The reasonable use of amplifiers or loudspeakers in the course of public addresses which are noncommercial;

D. Aircraft, except model aircraft, operated in accordance with existing regulations;

E. Police, fire, ambulance, and other governmental emergency vehicles;

F. Governmental warning devices (i.e., civil defense fire siren);

G. Backup alarm devices on vehicles and other equipment;

H. Home and business alarms;

I. Repair and/or maintenance to facilities of public utilities;

J. All safety signals and warning devices (e.g., stationary emergency signal devices, intrusion alarms, police/fire/ambulance sirens) or any other device used to alert persons to an emergency or used during the conduct of emergency work;

K. Bells, chimes and carillons used for religious purposes or in conjunction with national celebrations or public holidays; existing bells, chimes and carillons and clock strike mechanisms that are currently in use for any purpose;

L. Snow removal equipment, operated within the manufacturer's specification and with all standard noise-reducing equipment in use, unmodified and in proper operating condition;

M. Air conditioners, fans, heating units and similar devices, provided such are operated within the manufacturer's specifications when all reasonable measures have been taken to reduce noise levels;

N. Musical, recreational and athletic events conducted by schools or a local government including such outdoor practices as may be necessary in preparation for such events, occurring no earlier than 7:00 a.m. and no later than 10:00 p.m.;

O. Generators used during power outages including any weekly exercise of said generators so long as the exercise is per manufacturer's suggested guidelines. The exercise shall occur only between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday;

P. Mount Gretna Chautauqua Art Show generators for food vendors during its annual show in August.

Q. Activity permitted by special waiver as approved by the Borough Council, upon written application to the Borough Council, and approved at a public meeting at least one month in advance of the event for which the special waiver is requested.

§ 118-4 Violations and penalties.

A. The Borough Council determines this chapter to be a building, housing, property maintenance, health, fire, and public safety ordinance.

B. A violation of or failure to comply with any provision of this chapter shall constitute a summary offense and prosecution shall be according to the practice in the case of summary convictions. The Borough Solicitor may assume charge of the prosecution as provided for by the Pennsylvania Rules of Criminal Procedure for the trial in summary cases. The Borough Council hereby sets the fine or penalty for violation of this chapter an amount not less than $100 nor more than $1,000 per violation, plus the costs of prosecution, including but not limited to attorney's fees of the Borough Solicitor and administrative costs. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced to imprisonment for a period not exceeding 30 days. Each day that a violation of the chapter continues or occurs shall constitute a separate violation of the chapter.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).