[HISTORY: Adopted by the City Council of the City of Lock
Haven 5-6-2019 by Ord. No. 2019-03. Amendments noted where applicable.]
The City of Lock Haven intends to preserve the health, safety
and welfare of the residents, downtown and neighborhoods in the municipality
by eliminating unreasonable noise.
As used in this chapter, the following terms shall have the
meanings indicated:
Any sound emitted by a person, an appliance, equipment, instrument,
other device or an animal other than a barking dog.
Any sound that can be detected by a person of normal sensibilities
using his or her unaided hearing facilities.
Something audible; something that can be heard; vibrations
sensed by ear; vibrations traveling through air, water, or some other
medium, especially those within the range of frequencies that can
be perceived by the human ear. The description of sound may include
any characteristic of such sound, including duration, intensity and
frequency.
Sound that is of a volume, frequency, or pattern that prevents,
disrupts, injures, or endangers the health, safety, welfare, comfort
or repose of reasonable persons of ordinary sensitivities within the
City of Lock Haven, given the time of day, day of week, location,
and/or other relevant factors in which and where the sound is made.
A.
Except as otherwise provided in this chapter, it shall be unlawful
for any person to make or cause to be made any unreasonable noise
or to allow any unreasonable noise to be caused or made in or on any
real or personal property occupied or controlled by that person to
include:
(1)
The playing of amplified sound or musical instruments which are plainly
audible at a distance of 50 feet beyond the property line from which
the sound is generated between the hours of 8:00 a.m. and 11:00 p.m.
(2)
The playing of amplified sound or musical instruments which are plainly
audible beyond the property line from which the sound is generated
between the hours of 11:00 p.m. and 8:00 a.m.
(3)
Continuous or repeated yelling, shouting, loud whistling, or loud
singing, so as to disturb the peace, comfort, or repose of others
within the City by being plainly audible to persons within any dwelling,
hotel, hospital, office or other type of residence other than that
from which it originates.
(4)
The playing of amplified sound or musical instruments at a restaurant,
bar, or private club which are plainly audible at a distance 250 feet
beyond the property line from which the sound is generated between
the hours of 8:00 a.m. and 11:00 p.m.
B.
Exemptions. Subsection A shall not apply to the following:
(1)
Safety or warning devices: safety signals and warning devices (e.g.,
stationary emergency signal devices, intrusion alarms, backup alarms
on trucks, police/fire/ambulance sirens) or any other device used
to alert persons to an emergency or used during emergency work.
(3)
Highway and utility maintenance and construction.
(4)
Any events approved by the Lock Haven City Council.
(5)
Bells, chimes and carillons 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.
(6)
Appliances, lawn and garden equipment or household power tools: appliances,
lawn and garden equipment or household power tools in use between
the hours of 7:00 a.m. and 9:00 p.m., provided such are operated within
the manufacturer's specifications and with all standard noise-reducing
equipment is in use, unmodified and in proper operating condition.
(7)
The operation of snow-removal equipment.
Any person who shall violate the provisions of this chapter
shall, upon conviction thereof, be sentenced to pay a fine not to
exceed $600 plus costs and, in default of payment of such fine and
costs, to undergo imprisonment for not more than 30 days.
If any section, subsection, sentence, clause, phrase, word,
or other portion of this chapter is, for any reason, held to be unconstitutional
or invalid, in whole or in part, by any court of competent jurisdiction,
such portion shall be deemed severable, and such unconstitutionality
or invalidity shall not affect the validity of the remaining portions
of this chapter, which remaining portions shall continue in full force
and effect.
This chapter shall take effect 20 days days following its final
passage and adoption.