[HISTORY: Adopted by the Borough Council
of the Borough of Shippensburg 1-19-1999 by Ord. No. 703, approved 1-19-1999. (This ordinance
also repealed former Ch. 105, adopted 6-20-1995 by Ord. No. 651, approved 6-20-1995.) Amendments
noted where applicable.]
GENERAL REFERENCES
Nuisances — See Ch. 106.
The Shippensburg Borough Council, finding that
excessive levels of sound are detrimental to the physical, mental
and social well-being of the residents, 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 regulation of
excessive sound and the sources of excessive sound within the Borough
of Shippensburg.
The following words, terms and phrases, when
used in this chapter, shall have the meanings herein given, 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.
Sound of short duration, usually less than one second, with
an abrupt onset and rapid decay. Examples of impulsive sounds include
explosions, dropped forge impacts and discharge of firearms.
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 noise 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 for corporations, the
officers and managers thereof or any of them.
Any self-propelled airborne, waterborne or landborne plane,
vessel or vehicle, which is not designed to carry persons, including
but not limited to, any model airplane, boat, car or rocket.
An imaginary line drawn through the points of contact or
adjoining lands, apartments, condominiums, townhouses and duplexes
owned, rented or leased by different persons; a demarcation or a line
of separate properties; and also, for any two or more buildings sharing
a common grounds, the line drawn midway between any two such buildings.
All areas devoted to public rights-of-way shall be deemed to be across
the property line. For the purpose of this definition, the property
line includes all points on a plane formed by projecting the property
line in a manner deemed appropriate by the enforcing police officer.
Any street, avenue, boulevard, highway, sidewalk, alley or
similar place which is open to public use as a matter of right.
Any real property or structures thereon which are owned or
controlled by a governmental entity.
All land, whether publicly or privately owned, whether improved,
with or without structures, exclusive of any areas devoted to public
right-of-way.
A.
Noise disturbance prohibited. 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 of control.
B.
Specific prohibitions. The following acts and the
causing thereof are declared to be noise disturbances and therefore
in violation of this chapter:
(1)
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, high-fidelity equipment
or similar device which produces, reproduces or amplifies sound:
(a)
At any time in such a manner as to create a
noise disturbance across a property or boundary line, or between the
hours of 10:00 p.m. and 7:00 a.m. a noise that can be heard across
a property or boundary line.
[Amended 2-19-2013 by Ord. No. 892, approved 2-19-2013]
(b)
In such a manner as to create a noise disturbance
across a property or boundary line, or a noise that can be heard at
a distance of 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.
[Amended 2-19-2013 by Ord. No. 892, approved 2-19-2013]
(c)
In such a manner as to create a noise disturbance
to any person other than the operator of the device.
(3)
Construction.
(a)
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.,
Monday through Saturday or at any time on Sundays or legal holidays,
such that the sound therefrom creates a noise disturbance across a
residential real property or boundary line, except for emergency work.
(4)
Domestic power tools. Operating or permitting the
operation of any mechanically powered saw, sander, grinder, lawn or
garden tool or similar devices used outdoors between the hours of
10:00 p.m. and 7:00 a.m.
(5)
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. in such a manner as to cause a noise disturbance across
a residential property or boundary line. This section shall not apply
to municipal or utility services in or about a public right-of-way.
(6)
Animals.
[Amended 8-21-2001 by Ord. No. 742, approved 8-21-2001]
(a)
For the purposes of this subsection "animal"
is defined as any dog, cat or other domesticated animal or fowl or
any undomesticated animal confined on that person's premises.
(b)
No person shall allow any animal, as defined in Subsection B(6)(a) above, to make any loud or harsh noise or disturbance continuously or incessantly for a period of 10 minutes or to make such noise intermittently for 1/2 hour or more to the disturbance of any person at any time of the day or night which shall interfere with or deprive the peace, quiet, rest or sleep of any person within the borough; provided, however, that at the time such animal is making such noise, no person is trespassing or threatening to trespass upon private property in or upon which the animal is situate or for any other legitimate cause which teased or provoked the animal.
(7)
Powered model vehicles. Operating or permitting the
operation of powered model vehicles so as to create a noise disturbance
across a residential property or boundary line between the hours of
10:00 p.m. and 7:00 a.m.
(8)
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, except between the hours of 7:00 a.m.
and 10:00 p.m.
(9)
Tampering. The following acts or the causing thereof
are prohibited:
(a)
The removal or rendering inoperative by any
person, other than for the purpose of maintenance, repair or replacement,
of any muffler or sound dissipative device or element of design.
(b)
The use of product or equipment which has had
a muffler or sound dissipative device or element of design removed
or rendered inoperative.
(10)
Vehicle, motorboat or aircraft repairs and testing.
Repairing, rebuilding or testing any motor vehicle, motorcycle, motorboat
or aircraft in such a manner as to cause a noise disturbance across
a real property or boundary line.
(11)
Motor vehicle prohibitions.
(a)
Standing motor vehicles. No person shall operate
or permit the operation of any vehicle or any auxiliary equipment
attached to such a vehicle, for a period of longer than 15 minutes
in any hour while the vehicle is stationary, for reasons other than
traffic congestion, anywhere within 100 feet of any residence in such
a manner as to cause a noise disturbance across a residential property
or boundary line.
(b)
Unnecessary horn blowing. No person shall at
any time sound the horn or other warning device of a vehicle except
when absolutely necessary as a warning while actually driving such
vehicle.
The following sounds are exempted from the provisions
of this chapter.
A.
Amplified announcements: electronically amplified
announcements at athletic events.
B.
Blasting. Blasting may occur only between the hours
of 8:00 a.m. and 5:00 p.m., Monday through Saturday. No blasting is
permitted on Sundays.
C.
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 outdoors, provided
that such activities do not occur between the hours of 10:00 p.m.
and 7:00 a.m.
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 fireworks or fireworks displays and motor vehicle
racing events.
[Amended 2-19-2013 by Ord. No. 892, approved 2-19-2013]
Any person, firm, or corporation violating any
of the provisions of this chapter shall, upon conviction thereof,
be sentenced to pay a fine of not less than $25 nor more than $300,
and costs of prosecution, and, in default of payment of such fine
and costs, to imprisonment for not more than 10 days. A separate offense
shall be deemed committed on each day during which a violation occurs
or continues.
If any sentence, clause, paragraph, section
or portion of this chapter is declared by any court of competent jurisdiction
to be illegal, invalid or unconstitutional, such declaration shall
not affect the remaining provisions of this chapter.
