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NOISE
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.
Definitions -
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.
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CONSTRUCTION OPERATION — The
erection, repair, renovation, demolition or removal of any building or
structure; and the excavation, filling, grading and regulation of lots
in connection therewith. |
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EMERGENCY — Any occurrence or set
of circumstances involving actual or imminent physical trauma or
property damage. |
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EMERGENCY WORK — Any work
performed for the purpose of preventing or alleviating the physical
trauma or property damage threatened or caused by an emergency.
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IMPULSIVE SOUND — 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. |
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MUFFLER OR SOUND DISSIPATIVE
DEVICE — A device designed or used for decreasing or abating the level
of sound escaping from an engine or machinery system. |
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NOISE — Any sound which annoys or
disturbs humans or which causes or tends to cause an adverse
psychological or physiological effect on humans. |
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NOISE DISTURBANCE — Any noise
which:
| A. |
Endangers or injures the
safety or health of humans or animals. |
| B. |
Annoys or disturbs a
reasonable person of normal sensitivities. |
| C. |
Endangers or injures
personal or real property. |
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PERSON — 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. |
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POWERED MODEL VEHICLE — 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. |
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PROPERTY OR BOUNDARY LINE — 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.
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PUBLIC RIGHT-OF-WAY — Any street,
avenue, boulevard, highway, sidewalk, alley or similar place which is
open to public use as a matter of right. |
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PUBLIC SPACE — Any real property
or structures thereon which are owned or controlled by a governmental
entity. |
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REAL PROPERTY — All land, whether
publicly or privately owned, whether improved, with or without
structures, exclusive of any areas devoted to public right-of-way.
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Prohibited acts; violations
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| 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.
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| 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 cause a noise disturbance across a
property or boundary line or between the hours of 10:00
p.m. and 7:00 a.m. so as to be plainly audible across a
property or boundary line. |
| (b) |
In such a manner
as to create a noise disturbance across a property or
boundary line or at a distance of 50 feet from such
device, whichever is less, when the device is operated
in or on a motor vehicle or hand carried on a public
right-of-way or public space. |
| (c) |
In such a manner
as to create a noise disturbance to any person other
than the operator of the device. |
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| (2) |
Yelling and shouting,
etc. Engaging in loud or raucous yelling, shouting, hooting,
whistling or singing:
| (a) |
On the public
streets between the hours of 10:00 p.m. and 7:00 a.m.;
or |
| (b) |
At any time or
place in such a manner as to create a noise disturbance.
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| (3) |
Construction.
| (a) |
Operating or
permitting the operation of any tools or equipment used
in construction operations, drilling or demolition work:
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[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. |
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| (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.
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| (6) |
Animals -
| (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.
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| (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. |
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| (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. |
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Exemptions -
The following sounds are exempted from the provisions
of this chapter.
| A. |
Amplified announcements:
electronically amplified announcements at athletic events.
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| 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.
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| 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. |
Violation and penalties
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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 $50 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.
Severability -
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.
and / or
Disorderly Conduct -
Offense -
A person is guilty of disorderly
conduct if, with intent to cause public inconvenience, annoyance or alarm, or
recklessly creating a risk thereof, he:
- engages in fighting or threatening, or in violent
or tumultuous behavior;
- makes unreasonable noise;
- uses obscene language, or makes an obscene
gesture; or
- creates a hazardous or physically offensive
condition by any act which serves no legitimate purpose of the actor.
Grading -
An offense under this section is a
misdemeanor of the third degree if the intent of the actor is to cause
substantial harm or serious inconvenience, or if he persists in disorderly
conduct after reasonable warning or request to desist. Otherwise disorderly
conduct is a summary offense.
Definition -
As used in this section the word
"public" means affecting or likely to affect persons in a place to which the
public or a substantial group has access; among the places included are
highways, transport facilities, schools, prisons, apartment houses, places of
business or amusement, any neighborhood, or any premises which are open to the
public.
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