Noise disturbance prohibited. No person shall make, continue, or cause to be made or continued, any noise disturbance. Non-commercial public speaking and public assembly activities shall be exempt from the operation of this section. The following acts, and the causing thereof, are declared to be noise disturbances and therefore in violation of this chapter.
(A) Radios, tape/CD players, digital music players, speakers, television sets, musical instruments, electronic amplification, equipment, and similar devices operating, playing or permitting the operation or playing of any radio, digital device, television, phonograph, drum, musical instrument, sound amplifier, automobile radio, automobile stereo or high-fidelity equipment or similar device which produces, reproduces or amplifies sound:
(1) At any time of the day in such a manner from any source as to create a noise disturbance across a real property boundary line;
(2) In such a manner as to create a noise disturbance across any real property boundary line when operated in or on a motor vehicle on a public right-of-way or public space;
(3) In such a manner as to create a noise disturbance to any person other than the operator of the device, when operated by any passenger on a common carrier;
(4) At such a sound intensity that the sound creates a noise disturbance in any public area, park, street or sidewalk of the borough when the sound source originates in any public area, park, street, or sidewalk of the borough; or
(5) At any time unless used in connection with an earplug or earphone in any of the township parks and playgrounds.
(B) Yelling and shouting. Engaging in loud or raucous yelling, hooting, whistling, or singing on the public streets between the hours of 9:00 p.m. and 7:00 a.m to the disturbance of others.
(C) Stationary non-emergency signaling devices. Sounding or permitting the sounding of any signal from any stationary bell, chime, siren, whistle, or similar device, intended primarily for non-emergency purposes, from any place, for more than one minute in any hourly period.
(D) Emergency signaling devices.
(1) The intentional sounding or permitting the sounding outdoors of any fire, burglar, or civil defense alarm, siren, whistle, or similar stationary emergency signaling device, except for emergency purposes or for testing, as provided in divisions (D)(2)(a) and (D)(2)(b).
(2) (a) Testing of a stationary emergency signaling device shall occur at the same time of the day each time such a test is performed, but not before 7:00 a.m. or after 9:00 p.m. any such testing shall use only the minimum cycle test time. In no case shall such test time exceed 60 seconds.
(b) Testing of the complete emergency signaling system, including the functioning of the signaling device and the personnel response to the signaling device, shall not occur more than once in each calendar month. Such testing shall not occur before 8:00 a.m. or after 6:00 p.m. The time limit specified in (D)(2)(a) shall not apply to such complete system testing.
(3) Sounding or permitting the sounding of any exterior burglar alarm or any motor vehicle burglar alarm unless such alarm is automatically terminated within six minutes of activation.
(E) Loudspeakers/public address systems. Using or operating any loudspeaker, public address system, or similar device:
(1) Such that sound therefrom creates a noise disturbance across a real property boundary line; or
(2) Between the hours of 9:00 p.m. and 7:00 a.m. on a public right-of-way or public space.
(F) Street sales. Offering for sale or selling by shouting or outc1y within any residential or commercial area of the borough except between the hours of 7:00 a.m. and 9:00 p.m.
(G) Animals and birds.
(1) The keeping of any animal or bird that makes noise continuously and/or incessantly for a period of ten minutes or makes such noise intermittently for 30 minutes or more.
(2) The noise from any animal or bird must disturb two or more residents residing in separate residences adjacent to any part of the property on which the subject animal or bird are kept or maintained, or three or more residents residing in separate residences in close proximity to the property on which the subject animal or bird are kept or maintained shall be prima facie evidence of a violation of this section.
(3) However, it shall not be a violation of this chapter if at the time the animal or bird is making such noise when a person is trespassing or threatening to trespass upon private properties in or upon which the animal or bird is situated or for any other legitimate cause which teased or provoked the animal or bird.
(H) Delivery/loading operations. Loading, unloading, opening, closing, or other handling of boxes, crates, containers, building materials, garbage cans, dumpsters or similar objects and any other pick-ups/deliveries:
(1) Between the hours of 9:00 p.m. and 7:00 a.m. the following day, in such a manner as to cause a noise disturbance across a real property boundary line.
(2) Truck idling is restricted and enforced under the Pennsylvania Diesel-Powered Motor Vehicle Idling Act - Act 124 of 2008.
(3) The following acts, related to delivery/loading are declared to be unlawful:
(a) Any deliveries, unloading, loading, and opening of commercial goods at any times other than between the hours of 7:00 a.m. to 9:00 p.m. on weekdays and between 8:00 a.m. to 8:00 p.m. on weekends when such activity occurs within 250 feet of a residential property boundary.
(b) The operation of any transportation refrigeration units during the times for which delivery, loading, or opening of commercial goods are being conducted.
(4) This section shall not apply to any commercial and/or industrial development if previous delivery/loading operation time constraints have been established during the borough approval process.
(5) This section shall not apply to municipal, or utility services conducted in the public right-of-way.
(6) The owner, possessor, lessee or responsible agent can be held responsible for any noise disturbance or unlawful activity relating to delivery/loading operations that occurs on the property.
(I) Commercial/industrial property maintenance. The routine maintenance of a commercial/industrial property including but not limited to lot sweeping, paving, line painting, etc. conducted on such property between the hours of 9:00 p.m. and 7:00 a.m. in such a manner as to cause a noise disturbance across a residential property boundary, exception would be if maintenance is the result of an emergency.
(1) The owner, possessor, lessee or responsible agent can be held responsible for any noise disturbance relating to commercial/industrial property maintenance operations that occurs on the property.
(J) 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 boundary line.
(K) Domestic power tools. Operating or permitting the operation of any mechanically powered saw, drill, sander, grinder, lawn or garden tool, or similar device used outdoors in residential areas between the hours of 9:00 p.m. and 7:00 a.m. the following day so as to cause a noise disturbance across a real property boundary line. Snow blowers shall be exempt from the provisions of this section.
(L) Fireworks (consumer and non-consumer).
(1) The owner, possessor, lessee or responsible agent of real property on which fireworks are being ignited for the sole purpose of this chapter will be the legally responsible party for any violations for which the offending party is not known.
(2) Prohibited acts:
(a) A person who is under the age of 18 years of age may not purchase, possess and/or use consumer fireworks within the borough.
(b) The use or firing of consumer fireworks which create an impulsive sound so as to cause a noise disturbance cannot be ignited or discharged within the borough prior to 4:00 p.m. and not after 9:00 p.m., Sunday through Thursday and prior to 4:00 p.m. and not after 10:00 p.m., Friday and Saturday. The only exception is on December 31, 4:00 p.m. to 11:59 p.m. and January 1, 12:00 midnight to 12:30 a.m. any other times than those listed is strictly prohibited.
(c) All non-consumer firework displays must be approved by the Borough Manager or designee and proper permits must be obtained.
(d) They cannot be ignited or discharged on public or private property without the express written permission of the property owner.
(e) They cannot be discharged from or within a motor vehicle or building.
(f) They cannot be discharged toward a motor vehicle or building.
(g) They cannot be discharged within 150 feet of an occupied dwelling, whether or not a person is actually present.
(h) They cannot be discharged while the person is under the influence of alcohol, a controlled substance, or a drug.
(i) No use of consumer fireworks is permitted on township property, including without limitation, township owned parks, buildings or structures, streets, sidewalks and right of way unless such person upon application has secured a special permit for such activity from the Borough Manager or designee.
(M) Powered model vehicles. Operating or permitting of powered model vehicles so as to create a noise disturbance across a real property boundary or in a public space between the hours of 9:00 p.m. and 7:00 a.m. the following day.
(N) Motor vehicle prohibitions.
(1) Exhaust system. Every motor vehicle shall be equipped with a muffler or other effective noise suppressing system in good working order and in constant operation and no muffler or exhaust system shall be equipped with a cutout, bypass or similar device.
(2) Standing motor vehicles. No person shall operate or permit the operation of any motor vehicle or any auxiliary equipment attached to such a vehicle, for a period longer than 15 minutes in any hour while the vehicle is stationary, for reasons other than traffic congestion.
(3) Motor vehicle horns and signaling devices. No person shall at any time sound the horn or other warning device of a vehicle except when necessary as a warning while actually driving such vehicle.
(4) Sound trucks. No person shall operate sound amplifying equipment mounted on or attached to any motor vehicle:
(a) Such that sound therefrom creates a noise disturbance across a real property boundary line; or
(b) Between the hours of 9:00 p.m. and 7:00 a.m., the following day on a public right-of-way or public space.
(5) Sound amplification devices in vehicles. No person, driver, or owner of any vehicle shall operate or permit operation of any sound amplifying system which causes a noise disturbance when the vehicle is on a public right-of-way or public space unless such system is being operated to request assistance or warn of a hazardous situation. This article does not apply to authorized emergency vehicles.
(O) Construction. Operating or permitting the operation of any tools or equipment used in construction, drilling, or demolition work:
(1) Between the hours of 9:00 p.m. and 7:00 a.m. the following day on weekdays and Saturdays or at any time on Sundays or holidays, such that the sound therefrom creates a noise disturbance across a real property boundary line, except for emergency work.
(2) This section shall not apply to the use of domestic power tools.
(Ord. 289-2022, passed 5-2-2022)