BOROUGH OF CLARKS SUMMIT COUNTY OF LACKAWANNA COMMONWEALTH OF PENNSYLVANIA ORDINANCE NO. 2022-01  AN ORDINANCE OF THE: BOROUGH OF CLARKS SUMMIT  PROHIBITING UNREASONABLE ORI EXCESSIVE NOISE CONSTITUTING Al NOISE DISTURBANCE AND PROVIDING FOR PENALTIES FOR VIOLATIONS THEREOF. WHEREAS, the Borough of Clarks Summit (the "Borough") is a duly organized and existing municipality and political subdivision located in the County of Lackawanna, Commonwealth of Pennsylvania with offices located at 304 South State Street, Clarks Summit,  Pennsylvania 18411; and  WHEREAS, the Borough is subject to the Pennsylvania Borough Code, as found at 8 WHEREAS, pursuant to Section 1202(5) of the Borough Code, the Borough has the authority to make regulations as may be necessary for the health, safety, morals, general welfare and cleanliness and beauty, convenience, comfort and safety of the Borough. See 81 Pa. C.S.A.  Pa.C.S.A. $101, et seq. (the "Borough Code"); and  $1202(5); and  WHEREAS, excessive noise can posei impair and frustrate the ability ofl Borough residents WHEREAS, the Council of the Borough wishes to prohibit any unnecessary or excessive noise which is ofs such character, intensity or duration which is detrimental to thel health or life of  to use and enjoy their properties; and  any individual or ini the disturbance of thej public peace and welfare; and harms the enjoyment of day-to-day life for Borough residents.  WHEREAS, the Council of the Borough desires to discourage conduct which disrupts or THEREFORE, BE: IT ORDAINED AND ENACTED by the Council of the Borough of Clarks Summit, County ofLackawanna and Commonwealth of] Pennsylvania, as follows: SECTION 1 - TITLE. This Part may be cited as the "Clarks Summit Comprehensive Noise ECTIONZ-FURPOSE To provide: for effective control ofr noise within thel Borough in order top protect thel health, safety and welfareofresidents: and visitors and to enhancet thej pursuits oflife, SECTION3-1 DEFINITIONS. The following words, terms, and phrases when used in this Part shalll have the meanings herein given, except where the context clearly indicates a different  Control Ordinance"  recreation and commerce within the Borough.  meaning:    BOROUGH - Borough of Clarks Summit, Lackawanna County, Pennsylvania. CONSTRUCTION OPERATIONS The erection, repair, renovation, demolition or removal ofany building, facility, street, road, bridge or other structures using equipment, tools, machinery and/or the excavation, filling, grading and regulation oflots, streets and EMERGENCY - Any occurrence or set of circumstances involving actual or EMERGENCY WORK Any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an MOTORCYCLE- Ai motor vehicle having a seat or saddle for the use oftherider and designed to travel on not more than three wheels in contact with the ground. MOTOR VEHICLE - A vehicle that is self-propelled except an electric personal assistive mobility device or a vehicle that 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 aj 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 byap person. NOISE DISTURBANCE- In: addition tot the specific noise disturbances set forthl herein, 1. Unpleasant, annoying, offensive, loud, or obnoxious to a reasonable person of 2. Unusual for the time of day orl location where it is] produced or heard; or 3. Detrimental to or injurious tot thel health, comfort, or safety ofpersons or animals or to the reasonable enjoyment of property or the lawful conduct of business because ofthe loudness, duration, or character oft the noise; or 4. Endangers or injures personal or real property; or  other structures in connection therewith. imminent physical trauma or property damage.  emergency.  any sound that is:  normal sensibilities; or  5. Is in violation of any other section of this or other Ordinance, statute, or  applicable regulation.  OPERATION - Actual control by aj 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 POLICE - The Police Department employed by the Borough, or any properly authorized member or officer thereofin: any other law enforcement agency having 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 orT rocket. PROPERTY) LINE (BOUNDARY) - An imaginary line drawn through the points ofcontact 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 onaj plane formed by projecting the property linei in PUBLIC - Affecting, or likely to affect, persons in aj place to which the PUBLIC STREET - Any street, avenue, boulevard, highway, sidewalk, alley or similar place which is owned or controlled by a governmental entity. PUBLIC SPACE - Any real property or structures thereon which are either owned or controlled by the Borough fori the benefit and use oft the public. REAL PROPERTY - All land, whether publicly or privately owned, whether improved or not improved, with or without structures, exclusive of any areas REDUCED NOISE FACILITY - Any place of worship, nursing home, in- patient medical facility, school or child day-care facility located within the RESIDENTIAL AREA - All areas of the Borough identified in the Borough's Zoning Ordinance or Zoning Map as: (1) Town A Single Family Residential; (2) Town B Single Family Residential; (3) Town Mixed Residential; and (4) Town- SOUND - An auditory sensation evoked by the oscillation of air pressure. TAMPERING - Thei removal or rendering inoperative by any person other than for purposes of maintenance, repair or replacement ofa 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 ofj property.  and managers ofa any legally recognized entity.  jurisdiction within the Borough.  a1 manner deemed appropriate by the enforcing police. public or a: substantial group has access.  devoted toj public rights-of- way.  Borough.  City Single Family Residential.    VEHICLE- Every devicei in, upon or by which any person or property is or may be transported or drawn upon al highway, except devices used exclusively uponi rails or tracks. The term does not include a self-propelled wheelchair or an electriçal mobility device operated by and designed for the exclusive use of a person with a VEHICLECODE-1 The Vehicle Code ofthe Commonwealth of Pennsylvania(75Pa. C.S.A. $ 101, ets seq.) as is hereafter amended, supplemented, modified, or reenacted  mobility-related disability.  by the General Assembly oft the Commonwealth of Pennsylvania.  SECTIONS-FROHIBITED ACTS. A. Noise disturbance.  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, tol bei 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 at certain times A. Specific prohibitions. The following acts and the causing thereofa are declared to be Radios, televisions. musical instruments. digital music players. stereo and similar devices. Operating, playing or permitting the operation or playing of musical instrument, radio or audio equipment (including when the noise-creating device is operated in or ona vehicle, or hand carried, on aj public right-of-way or public space), sound amplifier, loudspeaker, television, or similar device designed or used in a manner that intends to produce,  ofday.  noise disturbances and are, therefore, in violation ofthis Part:  reproduce or amplify sound in the following manner:  Between the hours of 10:00p.m. and 7:00a.m. in such a manner as to cause a noise disturbance in a Residential Area and to be plainly audible across aj property line (boundary)and ata a distance offifty (50') feet from the: source, may be evidence ofav violation ofthis Ordinance: not otherwise exempted herein. Between the hours of10:00p.m. and 7:00a.m. ins such manner as to create a noise disturbance with louder volume than is necessary: for convenient hearing by thej person that is operating such device and for those that are voluntary listeners thereto, in  Non-Residential Areas.  a.  Yelling or shouting. Engaging in loud or raucous yelling, shouting, hooting, Onj publicrights-ofway or public spaces between the hours of 10:00 p.m. and 7:00 a.m.; or  whistling or singing:  Between the hours of10:00p.m. and 7:00a.m. in any place in such a manner as to cause a noise disturbance across a  property line (boundary).    b. 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 10:00 p.m. and 7:00 a.m., such that the sound therefrom creates ai noise disturbance across aj property line (boundary). The provisions of this section do not apply to any person whoj performs any construction, repair, or excavation pursuant to the express written permission Domestic power tools. Operating or permitting the operation of any mechanically powered saw, drill, sander, grinder, lawn or garden tool, leaf blowers, lawn mowers or other powered landscape maintenance equipment or similar device used outdoors between the hours of10:00 p.m. and 7:00a.m., so as to cause ai noise disturbance: across aj property line (boundary). d. Loading and unloading. Loading, unloading, opening, closing or other handling of boxes, crates containers, building materials, garbage cans or similar objects between thel hours of10:00 p.m., and 7:00: a.m., in sucha ai manner as to cause al noise disturbance: across aj property line (boundary). This] provision: shall not apply tor municipal or utility services ort their designees Powered model vehicles. Operating or permitting the operation of powered model vehicles sO as to cause ai noise disturbance across aj property line (boundary) between the hours Vehicle, motor vehicle. motorcycle. motorboat or aircraft repairs and testing. Repairing, rebuilding or testing any vehiçle, motor vehicle, motorcycle, motorboat or aircraft in such a manner as to cause ai noise disturbance across aj property line (boundary)  ofthe Borough. C.  in or about aj public street, public right-of-way or public space.  e. f.  of10:00 p.m. and 7:00 a.m.  between the hours of10:00 p.m. and 7:00 a.m.  g.  Animals. No person shall permit any animal, bird or fowl in one's possession or under one's control to make any frequent or long continued noise of such character or intensity as to disturb the comfort or repose of any person between the hours of10:00p.m. and 7:00a.m. h. Reduced Noise Facility. No person shall create or cause to create ai noise disturbance on any public street, public right-of-way or public space adjacent to al Reduced Noise Facility while the same arei ins session which unreasonably interferes with the workings ofs sessions thereofand  the making of any other noise sO as to annoy the users and/or occupants.  B. Other prohibited acts.  Tampering. The use within the Borough of ai motor vehicle or motorcycle, which has had a muffler or sound-dissipative device or element of design removed or rendered A. Specific prohibitions on publie rights-of-way. Prohibition of certain noises upon public rights-of-way by the use of motor vehicles and noise-creating devices. Motor vehicles and motorcycles on public rights-of-way. No person shall operate or cause to be operated aj public or private motor vehicle or motorcycle, or any equipment attached tos such a vehicle, on aj public street or public right-of-way at any time in such ai manner that the operation of the same violates the Vehicle Code. Consistent with Section 4523 ofthe Vehicle Code. All motor vehicles and motorcycles shall be equipped with a muffler or other effective  inoperative.    noise suppressing system in good working order and in constant operation and no muffler or Standing vehicles. Noj person shall operate or permit the operation ofany vehicle or any auxiliary equipment attached to such vehicle for aj period in excess of fifteen (15) 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 ai residential property line (boundary) between the hours of 7:00a.m. This provision shall not apply to vehicles performing emergency services 10:00p.m. 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 of2008, 351 P.S. SS 4601-  exhaust system shall be equipped with a cutout, bypass or similar device.  a.  and  4610, the Diesel-Powered Motor Vehicle Idling Act. SECTION6- EXEMPTIONS.  Thej provisions oft this Part shall not apply to the following: Monday through Friday, unless specifically authorized otherwise.  A. Blasting. Sounds resulting from blasting activities that have been authorized by the Borough, which blasting may occur only between the hours of7:00a a.m., and 5:00j p.m., B. Events. Events such as, but not limited to block parties, carnivals, festivals, fireworks, orother 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 of10:00 p.m. and 7:00 a.m., unless specific permission by the Borough has been obtained. C. Emergency work. Sounds resulting from the performance ofe emergency work or by D. Municipal and utility services. Sounds resulting from the repair, maintenance or replacement of any municipal or utility installation in or about aj public street, public right-of- E. Snow Removal. Sounds resulting from the use of snowplows, 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 that serve thej public interest, provided such programs, activities or events do not occur between the G. Warning devices. Sounds or sirens, alarms, public address system or other communication device or equipment made by warning devices operating continuously for no more than three (3) minutes, except that in the event of an emergency, thei time limitation shall not apply. A warning device or siren used in connection with the operation ofa a police car, fire truck or apparatus, train, ambulance or any other emergency or other vehicle int the event of an cmergency or as part ofa warning. Such toi include but not be limited to generators used during  the ordinary and accepted use ofe emergency apparatus and equipment.  way or any public space.  hours of10:00 p.m. and 7:00a.m.    an emergency for law enforcement purposes. Whether such is for an actual emergency, practice H. Public Amplification. A public amplification or address system used at an  or for drill purposes.  athletic or other public event including those held atj public parks.  I.  Authorized activity. Upon application, special permits for infrequent events or  activities which are approved by the Borough.  SECTION7-REQURED, ELEMENTS FOR VIOLATION.  One oft the following elements must bej present in order for a violation to be alleged:  That the alleged noise violation:  A. Disturbs two or more residents who are: in general agreement as to thet times and durations of the noise and who reside in separate residences, including apartments and condominiums located B.Ifthe alleged violation is witnessed/observed by aj police officer when citing any section listed  within the same building; or hereunder. SECTIONB-INTENT  The provisions of this chapter are intended to supplement all other provisions of these Codified Ordinances and shall: not be deemed to preempt or preclude application ofany ofthe other provisions of the Codified Ordinances except existing conflicting provisions of this  chapter, which arei repealed by this chapter. SECTION9-FENALTES  Whoever violates any provision of this Part shall, upon first contact with law enforcement, be issued a warning to cease any offensive and/or unreasonable noise. Any violations thereafter which result in conviction thereofin a summary proceeding, shall 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; foras second offense not less than threel hundred ($300.00) dollars andi not morei than one thousand ($1,000.00) dollars; for ai third offense nor less than fivel hundred ($500.00) dollars and not more than one thousand ($1,000.00) dollars. Whoever violates any provision oft this Part fora ai fourth or subsequent offense shall, upon conviction thereof in a summary proceeding, be fined one thousand ($1,000.00) dollars. Each occurrence ofa 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 thereofin a summary proceeding, the fine shall be twenty-five ($25.00). SECTION: 10- ADMINISTRATION AND ENFORCEMENT  The power and authority to enforce thej provisions of Ordinance shall be vested in the Borough's  police department.  SECTIONII-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 oft this Part which can be given effect without the invalid provision or application and, to this end, the  this Part are declared severable. SECTIONI 12-REPEALER the extent of such inconsistency. SECTION1 13-1 EFFECTIVEDATE  provisions of  All ordinances or parts of ordinances that are inconsistent herewith are hereby repealed to  This Ordinance shall be effective immediately upon passage and approved. ini the manner  prescribed by law.  ORDAINED AND ENACTED into an Ordinance this 6th day of. July, 2022.  Borongh Coneil of the Borough of Clarks Summit  po CL GERMAINE CAREY Council President  ci,  APPROVED:  Approved this 6th day ofJuly,2022 Mayor; Borough ofClarks! Summit EI  the Clarks Summit Borough Council this 6th day of. July, 2022  VIRGINIAI KEHQE Boroagh Mmteerty    SEA  CLAS5