[HISTORY: Adopted by the City Council of the City of Harrisburg 11-9-1999 by Ord. No.
42-1999; amended in its entirety 6-5-2007 by Ord. No.
4-2007. Subsequent amendments noted where applicable.]
The following definitions shall apply to this chapter:
The area within the City of Harrisburg which, as approved
by the Pennsylvania Liquor Control Board, is exempted from enforcement
of Pennsylvania Liquor Control Regulation 5.32(a) regarding amplified
music.
Any sound which:
All areas of the City excluding residential areas and the
Liquor Control Board exempted area.
Property to which the public has a legal right of access,
including but not limited to public sidewalks and streets, and public
parks, but not including buildings.
Any hospital, nursing home, or day-care facility located
within the City.
Any area within a residential zone as set forth in Chapter 7-309 titled "Residence Zones" in the Codified Ordinances of the City of Harrisburg.
A.Â
Making, continuing to make, or causing to be made or continued a
noise disturbance within the City is a violation of this chapter.
B.Â
Without limitation as to the types of noise-producing acts which are in violation of this chapter, noises produced by the following acts, unless otherwise exempted in § 3-343.3, are declared to be noise disturbances in violation of this chapter:
(1)Â
Reduced noise facilities. Any sound that originates outside
of a reduced noise facility and is plainly audible by any person inside
a reduced noise facility.
(2)Â
Radios and other amplified music in a vehicle. Use or operation
of, or permitting the use or operation of, any radio, CD player, television
set, stereo (phonograph), or other machine or device designed or intended
to produce or reproduce sound in such manner as to create a noise
disturbance or at any time with louder volume than is necessary for
convenient hearing by the person or persons who are in the vehicle
in which such machine or device is operating and who are voluntary
listeners thereto. The operating of any such machine or device in
such manner as to be plainly audible at a distance of 50 feet from
the source shall be prima facie evidence of a violation of this chapter.
(3)Â
Loudspeakers and/or amplifiers upon public streets. Use or operation
of, or permitting the use or operation of, any radio, CD player, television
set, musical instrument, stereo (phonograph), loudspeaker, sound amplifier,
or other machine or device designed or intended to produce or reproduce
sound, which is plainly audible upon the public streets at a distance
of 50 feet from the source within a residential area or a nonresidential
area or 75 feet from the source within the Liquor Control Board exempted
area.
(4)Â
Automobile horns. Any use of an automobile horn, other than
when used as a safety device.
(5)Â
Construction or repair activities.
(a)Â
The performance of any construction or repair work of any kind
upon, or excavating for, any building or structure, where any such
work entails the use of any air compressor, jackhammer, power-driven
drill, riveting machine, excavator, hand hammer on steel or iron,
or any other machine, tool, device, or equipment which makes loud
noises to the disturbance of persons occupying sleeping quarters in
a dwelling, hotel, or apartment or other place of residence. The above
use of machinery or equipment that produces such unnecessary noise
shall be prohibited on any Sunday or any other day between the hours
of 8:00 p.m. and 6:30 a.m. The provisions of this section do not apply
to any person who performs any construction, repair, or excavation
pursuant to the express written permission of the City Engineer. Upon
receipt of an application in writing therefor, stating the reasons
for the request and the facts upon which such reasons are based, the
City Engineer may grant such permission if the activity is not otherwise
prohibited by these Codified Ordinances or general law and he or she
finds that:
[1]Â
The work to be done is in the public interest;
[2]Â
Hardship or injustice or unreasonable delay would result from
the interruption thereof during the hours and days specified above;
or
[3]Â
The building or structure involved is devoted or intended to
be devoted to a use immediately incidental to the public defense.
(b)Â
Any person dissatisfied with the decision of the City Engineer
may forthwith appeal to the Chief of Police by filing a written request
for a hearing within seven calendar days of the City Engineer's
decision.
(c)Â
The provisions of this Subsection B(5) do not apply to construction, repair, or excavation during prohibited hours as may be necessary for the preservation of life or property when such necessity arises during such hours as the offices of the City are closed or where such necessity requires immediate action prior to the time at which it would be possible to obtain required permits, provided that the persons doing such construction, repair, or excavation obtain a permit therefor within one day after the office of the City Engineer is first opened subsequent to the undertaking of such construction, repair, or excavation.
(d)Â
The provisions of this Subsection B(5) do not apply to construction, repair, or excavation by a public utility which is subject to the jurisdiction of the Public Utility Commission, provided that such work is necessary for the immediate preservation of the public health, safety, or welfare and where such necessity makes it necessary to construct, repair, or excavate during the prohibited hours.
(6)Â
Municipal waste collection. The performance of any municipal
waste collection utilizing any mechanical equipment in any residential
zone or within 500 feet of any residential zone between the hours
of 8:00 p.m. and 6:30 a.m.
(7)Â
Lawn care equipment. Use of leaf blowers, powered lawn mowers
and/or other powered landscape maintenance equipment between the hours
of 8:00 p.m. and 6:30 a.m. on any day.
The following sounds are exempted from being noise disturbances:
A.Â
Any siren, alarm, public address system or other communication device
or equipment, including but not limited to generators, used during
an emergency or for official law enforcement purposes;
B.Â
Any sound created by the arrival or departure of a helicopter at
a hospital or medical facility or during an emergency;
C.Â
Any sound which is an official part of an activity or event licensed
or permitted by the City;
D.Â
Any sound related to construction or repair activities, municipal waste collection, or lawn care equipment which is not in violation of § 3-343.2 of this chapter;
E.Â
A bell or chime used in conjunction with religious worship; or
F.Â
A public address or amplification system used at an athletic event.
The provisions of this chapter are intended to supplement all
other provisions of these Codified Ordinances and shall not be deemed
to preempt or preclude application of any of the other provisions
of the Codified Ordinances except existing conflicting provisions
of this chapter, which are repealed by this chapter.
Violation of any of the provisions of this chapter shall constitute
a nuisance and may be abated by the City through civil process by
means of a restraining order, preliminary or permanent injunction
or in any manner provided by law for the abatement of nuisance.
Any person who violates the provisions of this chapter shall be subject to Chapter 3-399, Penalty, of these Codified Ordinances. For each violation in excess of five violations per calendar year by the same person, business, or establishment, the minimum fine shall be $500.
