[HISTORY: Adopted by the Borough Council of the Borough of
Kenhorst 10-4-2012 by Ord. No. 548. Amendments noted where applicable.]
For the purpose of this chapter, Council finds that excessive
levels of sound are detrimental to the physical, mental, and social
well-being of the people 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 regulations of excessive sound
and the sources of excessive sound within the Borough of Kenhorst.
Terms are defined as follows. The following words, terms and
phrases when used in this part shall have the meaning ascribed to
them in this section, except where the context clearly indicates a
different meaning:
The erection, repair, renovation, demolition or removal of
any building or structure; and the excavation, filling, grading, and
regulation of lots in connection therewith.
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage.
Any work performed for the purpose of preventing or alleviating
the physical trauma or property damage threatened or caused by an
emergency.
A device designed or used for decreasing or abating the level
of sound escaping from an engine or machinery system.
Any sound which annoys or disturbs humans or which causes
or tends to cause an adverse psychological or physiological effect
on humans.
Any sound which:
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 to corporations, the
officers and managers thereof or any of them.
Any self-propelled airborne, waterborne or land-borne plane,
vessel or vehicle, which is not designed to carry persons including,
but not limited to, any model airplane, boat, car or rocket.
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 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.
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.
The following acts, and the causing thereof, are declared to
be noise disturbances and therefore in violation of this chapter:
A.
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 or high-fidelity equipment, disc
or tape player, loudspeaker or other similar device, not in connection
with the lawful operation of any emergency vehicle such as an ambulance,
police or fire vehicle, nor in connection with a lawfully permitted
parade, public assembly, or other activity for which a permit is issued
by the duly constituted legal authority, 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. so as to be plainly audible across a property line (boundary);
or which is audible on a public street for a distance of 50 feet from
the place or origin of such sound or noise.
(2)
In such a manner as to create noise disturbance across a property
line (boundary) or at 50 feet from such device, whichever is less,
when the device is operated in or on a motor vehicle, or hand carried,
on a public right-of-way or public space.
(3)
In such a manner as to create a noise disturbance to any person other
than the operator of the device, when operated by a passenger on a
common carrier.
C.
Construction tools or equipment. 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. the following day on
weekdays and Saturdays or at any time on Sundays or legal holidays,
such that the sound therefore creates a noise disturbance across a
residential real property line (boundary), except for emergency work.
D.
Domestic power tools. Operating or permitting the operation of any
mechanically powered saw, drill, sander, grinder, lawn or garden tool,
snow blower or similar device used outdoors in residential areas between
the hours of 10:00 p.m. and 7:00 a.m. so as to cause a noise disturbance
across a residential property line (boundary) except in an emergency.
E.
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. the following day in such a manner as to cause a noise disturbance across a residential property line (boundary). This Subsection E shall not apply to municipal or utility services in or about the public right-of-way.
F.
Animals and bird. Owning, possessing, harboring or controlling any
animal or bird which howls, barks, meows, squawks, or makes other
sounds continuously and/or incessantly for a period of 10 minutes
or makes such noise intermittently for 1/2 hour or more to the disturbance
of any person at any time of the day or night, regardless of whether
the animal or bird is situated in or upon private property; provided,
however, that at the time the animal or bird is making such noise,
no person is trespassing or threatening to trespass upon private property
in or upon which the animal or bird is situated or for any other legitimate
cause which teased or provoked the animal or bird.
G.
Powered model vehicles. Operating or permitting the operation of
powered model vehicles so as to create a noise disturbance across
a residential property line (boundary) between the house of 10:00
p.m. and 7:00 a.m.
H.
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 of the Borough.
I.
Tampering. The following acts or the causing thereof are prohibited:
(1)
The removal or rendering inoperative by any person, other than for
the purposes of maintenance, repair or replacement, of any muffler
or sound-dissipative device or element of design or noise label of
any product.
(2)
The use of a product which has had a muffler or sound-dissipative
device or element of design or noise labeled removed or rendered inoperative,
with knowledge that such action has occurred.
J.
Vehicle, motorboat or aircraft repairs and testing. Repairing, rebuilding,
or testing any motor vehicle, motorcycle, or aircraft in such a manner
as to cause a noise disturbance across a residential real property
line (boundary).
A.
Motor vehicle and motorcycles on public right-of-way. No person shall operate or cause to be operated a public or private motor vehicle or motorcycle, or any equipment attached to such a vehicle, on a public right-of-way at any time in such a manner that the sound level emitted by the motor vehicle or motorcycle, or any equipment attached to such a vehicle exceeds the level set forth in Pennsylvania Code, Title 67, Chapter 157, Established Sound Levels.
B.
Standing motor vehicles. No person shall operate or permit the operation
of any motor vehicle or any auxiliary equipment attached to such a
vehicle for a period longer than 15 minutes in any hour while the
vehicle is stationary, for reasons other than traffic congestion,
anywhere within 150 feet of any residence in such a manner as to cause
a noise disturbance across a residential property line (boundary).
D.
Sound trucks. No person shall operate sound-amplifying equipment mounted on or attached to any motor vehicle at any time in such a manner as to exceed the maximum permissible motor vehicle noise emissions as set forth in Subsection A hereof. The sensory mechanism used in connection with an automatic motor vehicle protection device shall be adjusted to suppress false indications of burglary or intrusion so that the device will not be activated by impulse or vibration caused by any force not related to the alarms. All components comprising such a device shall be maintained by the owner or lessee in good repair to assure maximum reliability of operation.
Prima facie evidence of a noise disturbance shall exist when:
A.
The noise disturbs two or more residents who are in general agreement
as to the times and durations of the noise and who reside in separate
residences, including apartments and condominiums located within the
same building, located across a property line (boundary) from the
property on which the source of the noise is generated.
B.
The noise disturbs one resident located across a property line (boundary)
from the property on which the source of the noise is generated, and
corroborated by a police officer.
C.
The noise is solely witnessed/observed by a police officer when citing
any section hereunder.
The following sounds are exempted from the provisions of this
chapter:
A.
Amplified announcements: stationary electronically amplified announcements
at athletic events, political events and civic events.
B.
Blasting: blasting, under proper permit. Such blasting may occur
only between the hours of 9:00 a.m. and 4:00 p.m., Monday through
Friday, unless specifically authorized by permit.
C.
Concerts, etc.: 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. and all necessary permits as defined by Borough ordinances have
been procured.
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 motor vehicle racing events.
G.
Warning devices: sounds made by warning devices operating continuously
for three minutes or less except in the event of an actual emergency
the time limitation shall not apply.
H.
Special permits. The Chief of the Department of Police, or his designee,
may, upon application grant special permits for infrequent events
or activities.
Any person, firm or corporation who shall violate any provision of this chapter or fail to comply therewith, or with any of the requirements thereof shall, upon conviction thereof before a Magisterial District Judge, be punishable as provided in Chapter 1, Article I, Enforcement; General Penalty, of this Code.. Each day or portion thereof during which such violation shall continue shall be deemed a separate offense and shall be punishable as such.
