[HISTORY: Adopted by the Borough Council of the Borough of
Hellertown 7-6-2021 by Ord. No. 836.[1] Amendments noted where applicable.]
It shall be unlawful for any person to create noise in excess
of the limits set forth in this chapter.
A.
Unlawful amplification. A Pennsylvania Liquor Control Board ("LCB")
licensee may not use or permit to be used inside or outside of the
licensed premises a speaker, loudspeaker, megaphone, amplifier, musical
instrument, or any similar device whereby the sound from such device
can be heard beyond the licensee's property line unless located
within an LCB-exempt area.
B.
Exempt area. Any LCB licensee that is located in an area which is subject to an exemption from the LCB's regulation of amplified sound being heard off the licensed premises shall comply with § 274-3 until the expiration of the LCB's order granting the exemption. A map of the Borough showing such currently exempted areas is on file at the Hellertown Borough Hall.
C.
Noise limitations for exempt alcohol-serving establishments. No LCB licensee exempt from LCB regulations shall create or permit the creation of any noise or sound on property owned, leased, occupied or otherwise controlled by such licensee which causes the sound level, when measured at or beyond the boundaries of such property, to exceed the maximum permitted decibels specified in the table set forth in § 274-3 during the days and times indicated.
The regulations set forth in § 274-3 may be amended from time to time by resolution of the Hellertown Borough Council.
|
Days of the Week
|
Time
|
Maximum Permitted Decibels
(as measured in Continuous Slow Meter Response)
(decibels)
|
|---|---|---|
|
Monday through Thursday
|
Between 12:00 midnight and 9:00 a.m. and between 11:00 p.m.
and 12:00 midnight
|
50
|
|
Monday through Thursday
|
Between 9:00 a.m. and 11:00 p.m.
|
75
|
|
Friday
|
Between 12:00 midnight and 9:00 a.m.
|
50
|
|
Friday
|
Between 9:00 a.m. and 12:00 midnight
|
75
|
|
Sunday and federal holidays
|
Between 12:00 midnight and 10:00 a.m.
|
50
|
|
Saturday and federal holidays
|
Between 10:00 a.m. and 12:00 midnight
|
75
|
The Hellertown Borough Police Department and the Hellertown
Borough Code Enforcement Officer are hereby authorized to enforce
the provisions of this chapter.
Any LCB licensee or person which shall violate any provision
of this chapter shall be guilty of a summary offense and, upon conviction
thereof, be sentenced to pay a fine of not more than $1,000. Each
day in which a violation occurs shall constitute a separate penalty.
The provisions of this chapter shall be severable, and if any
provision hereof shall be declared unconstitutional, illegal or invalid,
such decision shall not affect the validity of any of the remaining
provisions of this chapter. It is hereby declared as a legislative
intent of the Borough that this chapter would have been amended as
if such unconstitutional, illegal or invalid provision or provisions
had not been included herein.
All ordinances or parts of ordinances inconsistent herewith
are hereby repealed.
