[HISTORY: Adopted by the Borough Council of the Borough of
Royersford as indicated in article histories. Amendments noted where
applicable.]
[Adopted 8-30-2022 by Ord. No. 914[1]]
A.
Intent
and purpose. The Borough Council finds that excessive levels of sound
are generally detrimental to the physical, mental and social well-being
of the people; to their comfort, living conditions, general welfare
and safety and being, and injurious to the community; and, in particular,
to neighbors of those who perpetrate such excessive levels of sound.
Therefore, a public health and welfare hazard that it is necessary
to provide, and hereby provides, for the greater control and more
effective regulation of excessive sound, and the sources of excessive
sound, within the Borough of Royersford.
B.
Methods
of noise control. To achieve the intent and purpose of the Borough
Council, this article regulates noise generally through a reasonable
person standard of annoyance; notice of specific conduct substantially
likely to cause noise known to cause annoyance to a reasonable person;
and the prohibition of certain defined activities.
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except when
the context clearly indicates a different meaning. All terminology
used in this article not defined below shall be in conformance with
the applicable publications of the American National Standards Institute
or its successor body, as amended.
The all-encompassing noise associated with a given environment,
being usually a composite of sounds from many sources near and far.
Any living creature other than a human being, including,
but not limited to, mammals, reptiles, and birds, as well as domestic,
feral, and wild creatures.
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.
Sound of short duration, usually less than one second, with
an abrupt onset and rapid decay. Examples of impulsive sound include
explosions, drop forge impacts and the discharge of firearms.
A device designed for decreasing or abating the level of
sound escaping from an engine or machinery system.
The definition provided in 18 Pa.C.S.A. § 302(b)(4),
as amended, is specifically incorporated herein.
Any sound which annoys or disturbs humans or which causes
or tends to cause an adverse psychological or physiological effect
on humans, excepting any law enforcement activity, including, but
not limited to, training sessions.
Any sound, except for sound resulting from any activity provided for in § 312-7 and/or any law enforcement activity, including, but not limited to, training sessions, 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, the term "person"
shall include 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 caddy persons, including,
but not limited to, any model airplane, boat, car or rocket. This
definition shall also include dirt bikes, four-wheelers, and all-terrain
vehicles (ATV) being used to carry persons, but which are not being
operated on a street, avenue, boulevard, highway, or alley.
An imaginary line or party wall that separates adjoining
lands or the dwelling units of apartments, condominiums (as defined
by the Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq.),
mobile homes, townhomes or duplexes, drawn through the points of contact
of adjoining lands, or, in the case of apartments, mobile homes, condominiums,
townhouses and duplexes owned, rented or leased by different persons,
a demarcation or a line of separation between dwelling units (or "unit"
as defined by the Uniform Condominium Act) of properties. In the circumstances
of any two or more buildings sharing common grounds, the line drawn
midway between any two such buildings. All areas devoted to public
right-of-way or a common or shared area shall be deemed to be across
the property line.
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 is 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.
The definition provided in 18 Pa.C.S.A. § 302(b)(3),
as amended, is specifically incorporated herein.
A.
No person
shall make, continue to make, or cause to be made or continued any
noise disturbance, nor shall any person 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.
A person
is in violation of this article if he or she:
(1)
Negligently makes, continues, or causes to be made any noise disturbance, or allows or permits 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 said property, caused by any action provided in § 312-4;
(2)
Recklessly makes, continues, or causes to be made any noise disturbance, or recklessly allows or permits 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 said property, caused by any action or inaction not otherwise provided for within § 312-4 or prohibited within § 312-5; or
The following acts are declared to be substantially likely to
result in a noise disturbance:
A.
Radios,
television sets, musical instruments and similar devices. Operating,
using or playing of any radio, television, video gaming system, drum,
musical instrument, sound amplifier, automobile radio, automobile
stereo or high-fidelity equipment or similar device which produces,
reproduces or amplifies sound:
(1)
Between
the hours of 9:00 p.m. and 7:00 a.m. so as to be plainly audible across
a property line (boundary); or
(2)
In
such a manner as to be plainly audible 50 feet from such device when
the device is operated in or on a motor vehicle, or hand carried,
on a public right-of-way or public space; or
(3)
When
operated by any passenger on a common carrier.
B.
Yelling
and shouting. Engaging in loud or raucous yelling, hooting, whistling
or singing in a public place or on a public street between the hours
of 9:00 p.m. and 7:00 a.m.
C.
Construction
tools or equipment. Operating or permitting the operation of any tools
or equipment used in construction operations, drilling or demolition
work between the hours of 9:00 p.m. and 7:00 a.m. on Monday through
Sunday so as to be plainly audible across a residential 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, log splitter
or similar device used outdoors for noncommercial, nonproprietary
use on one's own property in residential areas between the hours of
9:00 p.m. and 7:00 a.m. on any day so as to be plainly audible across
a residential property line (boundary), except in an emergency. Residential
areas shall be defined for the purposes of this article as any area
within the Borough on which a residential dwelling unit is situated.
E.
Loading
and unloading. Loading, unloading, opening, closing or other handling
of boxes, crates, containers, building materials or similar objects
between the hours of 8:00 p.m. and 7:00 a.m. the following day in
such a manner as to so as to be plainly audible across a residential
property line (boundary). Such restrictions shall also apply to truck
idling and truck refrigerants.
F.
Animals.
Owning, possessing, harboring and/or controlling, whether legally
or illegally, any animal which howls, barks, crows, meows, squawks,
snorts, growls, screeches, roars, bah-gawks, cock-a-doodle-doos, screams,
squeaks, clicks, chirps, caws, bleats, quacks, honks, hisses, neighs,
whines, chatters, bellows, moos, hoots, oinks, coos, gobbles, sings,
groans, or makes other sounds of a similar nature, continuously or
intermittently for a period of 15 minutes so as to be plainly audible
to any nonowner of the animal at any time of the day or night, regardless
of whether the animal is situated in or upon private property; provided,
however, that at the time the animal 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.
G.
Powered
model vehicles. Operating or permitting the operation of powered model
vehicles so as to be plainly audible across a property line (boundary).
H.
Street
sales. Offering for sale or selling by shouting or outcry, or by any
other amplified or unamplified sound.
I.
Vehicle,
motorized watercraft or aircraft repairs and testing. Repairing, rebuilding
or testing any motor vehicle, motorcycle, motorboat or aircraft in
such a manner so as to be plainly audible across a property line (boundary).
The following acts are specifically prohibited:
A.
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.
B.
The use
of a product which has had a muffler or sound dissipative device or
element of design or noise label removed or rendered inoperative other
than for the purposes of maintenance, repair or replacement, with
knowledge that such action has occurred.
Any noise that 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, mobile homes, and condominiums
located within the same building, which are located across a property
line (boundary) from the property on which the source of the noise
is generated shall be prima facie evidence of a noise disturbance.
Noise resulting from the following activities is exempted from
the provisions of this article:
A.
Amplified announcements. Stationary electronically amplified announcements
at athletic events, political events and civic events.
B.
Blasting. Blasting, under proper permit, provided such blasting may
occur only between the hours of 9:00 a.m. and 4:00 p.m., Monday through
Friday, unless otherwise specifically authorized by permit.
C.
Public or private concerts. Concerts, band concerts, block parties,
church carnivals, or other performances or similar activities publicly
or privately sponsored and presented in any public or private space
provided:
D.
Emergency work. Sounds caused by the performance of emergency work,
or by the ordinary and accepted use of emergency apparatus and equipment,
or any other activities, conducted by police, fire or other emergency
service providers.
E.
Municipal and utility services. Sounds resulting from the repair
or replacement, in or about the public right-of-way, of any municipal
or utility installation.
F.
School and public activities. Sounds created by organized school-related
programs, activities, athletic and entertainment events, or other
public programs, activities or events, other than motor vehicle racing
events, not electronically amplified.
G.
Warning devices. Sounds made by the operation of warning devices
in the event of an actual emergency or operating continuously, or
for three minutes or less in the absence of an actual emergency.
This article shall be enforced by the Royersford Borough Police
Department.
Any person who shall violate any provision of this article,
upon conviction thereof in an action brought before a Magisterial
District Judge in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not more than $1,000 plus costs and,
in default of payment of said fine and costs, to a term of imprisonment
not to exceed 30 days. Each day that a violation of this article continues
or each section of this article which shall be found to have been
violated shall constitute a separate offense.
[Adopted 12-14-2010 by Ord. No. 839 (Ch. 6, Part 7, of the 1990 Borough
Code of Ordinances)]
This article shall be known as the "Borough of Royersford Engine
Suppression/Brake Retarder/Engine Brake Ordinance."
The Council of the Borough of Royersford finds as a fact that
the operation of an engine brake or an engine-suppression device or
a compression brake on a gasoline-powered or diesel-powered motor
vehicle not equipped with exhaust mufflers, or equipped with defective
or modified exhaust mufflers, so as to create excessive noise through
the use of said engine brake or engine-suppression device or compression
brake, adversely affects the public health, safety and welfare of
the residents of the Borough of Royersford and, therefore, is a nuisance
in fact.
No gasoline-powered or diesel-powered motor vehicle shall be
operated on the streets, roads, alleys or highways listed below within
the Borough of Royersford, utilizing, in said operation, an engine
brake, engine-suppression device or compression brake.
The streets subject to this prohibition shall be as follows:
A.
State Route 4014, known as "Main Street," beginning at Tenth Avenue
and continuing to Fifth Avenue.
This article shall not apply to emergency driving situations
requiring the utilization of an engine brake to protect the safety
and property of the residents of the Borough of Royersford, other
motor vehicle operators, pedestrians, and the operator and passengers
of the motor vehicle involved in said emergency situation.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this article
shall, upon being found liable therefor, pay a fine of not more than
$600, plus court costs and reasonable attorneys' fees incurred by
the Borough in the enforcement proceedings. If the penalty is not
paid, the Borough shall initiate a civil action for collection in
accordance with the Pennsylvania Rules of Civil Procedure. Each day
a violation exists shall constitute a separate offense, and each section
of this article that is violated shall also constitute a separate
offense. In addition to or in lieu of enforcement under this section,
the Borough may enforce this article in equity in the Court of Common
Pleas of Montgomery County.
