ORDINANCE NO._________
AN ORDINANCE REGULATING NOISE WITHIN
THE BOROUGH OF GETTYSBURG.

WHEREAS, the Borough Council of the Borough of Gettysburg has a duty to ensure the health, safety, and welfare of its residents; and

WHEREAS, excessive noise poses a threat to the health, safety, and welfare of the residents of the Borough of Gettysburg as well as visitors to the Borough of Gettysburg; and

WHEREAS, excessive noise interferes with enjoyment of life, property, and recreation and with the operation of business within the Borough of Gettysburg; and

WHEREAS, effective control of noise within the Borough of Gettysburg will protect the health, safety, and welfare of residents and visitors and will enhance the pursuits of life, recreation, and commerce within the Borough of Gettysburg; and

WHEREAS, the Borough Council of the Borough of Gettysburg desires to enact a comprehensive ordinance regulating noise within the Borough of Gettysburg.

NOW, THEREFORE, the Borough Council of the Borough of Gettysburg hereby enacts, adopts, and ordains the following:

SECTION 1: TITLE. This Part may be cited as the "Gettysburg Borough Comprehensive Noise Control Ordinance."

SECTION 2: PURPOSE. To provide for effective control of noise within the Borough of Gettysburg in order to protect the health, safety, and welfare of residents and visitors and to enhance the pursuits of life, recreation, and commence within the Borough of Gettysburg.

SECTION 3: DEFINITIONS. The following words, terms, and phrases when used in this Part shall have the meanings herein given, except where the context clearly indicates a different meaning:

BOROUGH - the Borough of Gettysburg, Adams County, Pennsylvania.

CONSTRUCTION OPERATIONS - the erection, repair, renovation, demolition or removal of any building, facility, equipment, machinery or structure and the excavation, filling, grading and regulation of lots in connection therewith.

EMERGENCY - any occurrence or set of circumstances involving actual or imminent physical trauma or property damage.

EMERGENCY WORK - any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency.

ENGINE BRAKE RETARDER - an engine retarding device, or any retarding device or system that brakes on the engine rather than on the wheels as a means of slowing or stopping a gasoline-powered or diesel-powered motor vehicle.

MOTORCYCLE - a motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground.

MOTOR VEHICLE - a vehicle which is self-propelled except an electric personal assistive mobility device or a vehicle which is propelled solely by human power.

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.

NOISE - any sound emitted by a person, animal, or noise-creating device.

NOISE-CREATING DEVICE - any electrical, mechanical, or chemical device or instrument, or combination thereof, that creates noise during its operation by a person.

NOISE DISTURBANCE - in addition to the specific noise disturbances set forth in this Part, any sound that is:

(1) Unpleasant, annoying, offensive, loud, or obnoxious to a reasonable person of normal sensibilities;

(2) Unusual for the time of day or location where it is produced or heard; or

(3) Detrimental to the health, comfort, or safety of persons or animals or to the reasonable enjoyment of property or the lawful conduct of business because of the loudness, duration, or character of the noise.

OPERATION - actual control by a person.

PERSON - any individual, partnership, limited partnership, limited liability partnership, limited liability company, association, firm, corporation, or any other legally recognized entity. Whenever used in any provision prescribing and imposing a penalty, "person" includes the individual members, partners, officers and managers of any legally recognized entity.

POLICE - the Police Department of the Borough of Gettysburg, or any properly authorized member or officer thereof in any other law enforcement agency having jurisdiction within the Borough of Gettysburg.

POWERED MODEL VEHICLE - any self-propelled airborne, waterborne or land borne plane, vessel or vehicle which is not designed to carry persons, including but not limited to any model airplane, boat, car or rocket.

PROPERTY LINE (BOUNDARY) - an imaginary line drawn through the points of contact of 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 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. As used herein, the property line includes all points on a plane formed by projecting the property line in a manner deemed appropriate by the enforcing police.

PUBLIC - affecting or likely to affect persons in a place to which the public or a substantial group has access.

PUBLIC RIGHT-OF-WAY - any street, alley, sidewalk or similar place which is either owned or controlled by the Borough of Gettysburg for the benefit and use of the public.

PUBLIC SPACE - any real property or structures thereon which are either owned or controlled by the Borough of Gettysburg for the benefit and use of the public.

REAL PROPERTY - all land, whether publicly or privately owned, whether improved or not improved, with or without structures, exclusive of any areas devoted to public rights-of-way.

SOUND - an auditory sensation evoked by the oscillation of air pressure.

TAMPERING - the removal or rendering inoperative by any person other than for purposes of maintenance, repair or replacement of any muffler or sound-dissipative device or element of design of any motor vehicle or motorcycle.

TRUCK - a motor vehicle designed primarily for the transportation of property.

VEHICLE - every device in, upon or by which any person or property is or may be transported or drawn upon a highway, except devices used exclusively upon rails or tracks. The term does not include a self-propelled wheel chair or an electrical mobility device operated by and designed for the exclusive use of a person with a mobility-related disability.

VEHICLE CODE - The Vehicle Code of the Commonwealth of Pennsylvania (75 Pa.

C.S.A. § 101 et seq.) as is hereafter amended, supplemented, modified, or reenacted by the General Assembly of the Commonwealth of Pennsylvania.

SECTION 4: PROHIBITED ACTS.

A. Noise disturbance prohibited. No person shall make, continue or cause to be made or cause to be continued any noise disturbance by any means, nor shall any person suffer, allow or permit any noise disturbance, by any means, to be made or continued from or at any property, whether public or private, real or personal, that is subject to such person's right to control.

B. Specific prohibitions. The following acts and the causing thereof are declared to be noise disturbances and are, therefore, in violation of this Part:

(1) Radios, televisions, musical instruments and similar devices. Operating, playing or permitting the operation or playing of any radio or audio equipment (including from a vehicle), sound amplifier, television, musical instrument, or similar device which produces, reproduces or amplifies sound:

(a) At any time and in such a manner as to cause a noise disturbance across a property line (boundary); or

(b) In such a manner as to cause a noise disturbance across a property line (boundary), or at fifty (50') feet from such noise-creating device, whichever is less, when the noise-creating device is operated in or on a vehicle, or hand carried, on a public right-of-way or public space.

(2) Yelling or shouting. Engaging in loud or raucous yelling, shouting, hooting, whistling or singing:

(a) On public rights-of-way or public spaces between the hours of 11:00 p.m. and 6:00 a.m., prevailing time; or

(b) At any time or place in such a manner as to cause a noise disturbance across a residential property line (boundary).

(3) Construction. Except for emergency work, operating or permitting the operation of any tools or equipment used in construction operations, drilling or demolition work between the hours of 11:00 p.m. and 6:00 a.m., prevailing time, such that the sound therefrom creates a noise disturbance across a residential property line (boundary).

(4) 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 11:00 p.m. and 6:00 a.m., prevailing time, so as to cause a noise disturbance across a residential property line (boundary).

(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 11:00 p.m. and 6:00 a.m., prevailing time, in such a manner as to cause a noise disturbance across a residential property line (boundary). This provision shall not apply to municipal or utility services in or about a public right-of-way or public space.

(6) Animals and birds. Owning, possessing, harboring, or controlling any animal or bird which makes any noise continuously and/or incessantly for a period of ten (10) minutes or more or makes such noise intermittently for one-half (1/2) hour or to the disturbance of any person at any time of the day or night regardless of whether the animal or bird is physically situated in or upon private property.

(7) Powered model vehicles. Operating or permitting the operation of powered model vehicles so as to cause a noise disturbance across a residential property line (boundary) between the hours of 11:00 p.m. and 6:00 a.m., prevailing time.

(8) Vehicle, motor vehicle, motor cycle, motorboat or aircraft repairs and testing. Repairing, rebuilding or testing any vehicle, motor vehicle, motorcycle, motorboat or aircraft in such a manner as to cause a noise disturbance across a residential property line (boundary) between the hours of 11:00 p.m. and 6:00 a.m., prevailing time.

C. Other prohibited acts.

Tampering. The use within the Borough of a motor vehicle or motorcycle which has had a muffler or sound-dissipative device or element of design removed or rendered inoperative.

D. Specific prohibitions on public rights-of-way. Prohibition of certain noises upon public rights-of-way by the use of motor vehicles and noise-creating devices.

(1) Motor vehicles and motorcycles on public rights-of-way. No person shall operate or cause to be operated a public or private motor vehicle or motorcycle, or any equipment attached to such a vehicle, on a public right-of-way at any time in such a manner that the operation of the same violates the Vehicle Code. Consistent with Section 4523 of the Vehicle Code, all motor vehicles and motorcycles 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 vehicles. No person shall operate or permit the operation of any vehicle or any auxiliary equipment attached to such vehicle for a period in excess of ten (10) minutes in any hour while the vehicle is parked, stopped or standing within one hundred fifty (150') feet of a residence, whether on public or private property, in such a manner as to cause a noise disturbance across a residential property line (boundary).

(a) This provision shall not apply to vehicles performing emergency services or to vehicles forced to remain stopped or standing because of traffic conditions.

(b) Notwithstanding the foregoing, diesel-powered vehicles with a gross weight of 10,001 pounds or more are subject to the restrictions contained in Act 124 of 2008, 35 P.S. §§ 4601-4610, the Diesel-Powered Motor Vehicle Idling Act.

(3) Engine brake retarders. No person shall use an engine brake retarder device in violation of Chapter 10, Part 4 of the Code of Ordinances of the Borough of Gettysburg, known as the "Gettysburg Borough Engine Brake Retarder Ordinance."

(4) Squealing tires. No person shall cause or allow the tires of a motor vehicle, which the person is operating, to squeal except when necessary in order to avoid a collision with another person, vehicle or other property.

(5) Racing engine/rapid throttle advance. No person, while occupying any public right-of-way shall operate any noise-creating device in such a manner that the public's attention is drawn to the source of the noise. The prohibition of this section shall include racing the engine or rapid throttle advance and/or revving of an internal combustion engine resulting in increase of noise from the engine.

E. Prima facie violation. The noise from any of the aforesaid prohibited acts that is heard by the police shall be prima facie evidence of a noise disturbance.

SECTION 5: EXEMPTIONS.

The provisions of this Part shall not apply to the following:

A. Blasting. Sounds resulting from blasting activities with a permit issued by the Borough, which blasting may occur only between the hours of 7:00 a.m. and 4:00 p.m., Monday through Friday, unless specifically authorized otherwise by such permit.

B. Events. Events such as, but not limited to, concerts, block parties, carnivals, festivals, fireworks, 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 11:00 p.m. and 6:00 a.m.

C. Emergency work. Sounds resulting from the performance of emergency work or by the ordinary and accepted use of emergency apparatus and equipment.

D. Municipal and utility services. Sounds resulting from the repair, maintenance or replacement of any municipal or utility installation in or about the public right-of-way or any public space.

E. Snow Removal. Sounds resulting from the use of snow plows, tractors or snow blowers used in connection with snow removal from private or public property.

F. School and public activities. Sounds resulting from organized school-related programs, activities, athletic and entertainment events or other public programs, activities or events, provided such programs, activities or events do not occur between the hours of 11:00 p.m. and 6:00 a.m.

G. Warning devices. Sounds made by warning devices operating continuously for no more than three (3) minutes, except that in the event of an emergency, the time limitation shall not apply. A warning device or siren used in connection with the operation of a police car, fire truck or apparatus, ambulance or any other emergency vehicle in the event of an emergency.

H. Bells and Chimes. Routine and customary ringing of bells and chimes.

I. Official duty. Any noise created by a governmental entity, official or employee in the performance of an official governmental duty or activity.

J. Permitted activity. Any noise for an event or activity for which a permit has been issued by the Borough, including expression or communication protected by the United States Constitution, as long as any permit conditions relative to noise have not been violated.

SECTION 6: PENALTIES:

A. Whoever violates any provision of this Part shall, upon conviction thereof in a summary proceeding, be fined for a first offense not less than one hundred fifty ($150.00) dollars and not more than one thousand ($1,000.00) dollars; for a second offense not less than three hundred ($300.00) dollars and not more than one thousand ($1,000.00) dollars; for a third offense nor less than five hundred ($500.00) dollars and not more than one thousand ($1,000.00) dollars. Whoever violates any provision of this Part for a fourth or subsequent offense shall, upon conviction thereof in a summary proceeding, be fined one thousand ($1,000.00) dollars. Each occurrence of a violation of any provision of this Part shall constitute a separate and distinct offense. However, for a violation of the Vehicle Code, upon conviction thereof in a summary proceeding, the fine shall be twenty-five ($25.00) dollars.

B. In addition to the above penalties, the Borough may seek such equitable or other remedies as may otherwise be available.

SECTION 7: SEVERABILITY.

If any provision of this Part or the application thereof to any person or circumstance is held invalid, such holding shall not affect the other provisions or applications of this Part which can be given effect without the invalid provision or application and, to this end, the provisions of this Part are declared severable.

SECTION 8: REPEALER.

All ordinances or parts of ordinances which are inconsistent herewith are hereby repealed to the extent of such inconsistency.

SECTION 9: EFFECTIVE DATE.

This Ordinance shall become effective upon enactment.

ENACTED, ADOPTED AND ORAINED this 11th day of July, 2011.

BOROUGH OF GETTYSBURG

By: _____________________________

John D. Butterfield

President of Borough Council

ATTEST:

By: _______________________

Sara L. Stull, Secretary

APPROVED this 11th day of July, 2011

By: __________________________

William E. Troxell, Mayor