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HAZLETON, PA

City council to discuss proposed noise ordinance

By L.A. TARONE

tarone@standardspeaker.com

City council has its long-discussed noise ordinance on its agenda tonight. The five page proposal states the purpose is to "ensure that public health, safety and welfare shall not be abridged by the making and creating of public nuisances from disturbing, excessive or offensive noises."

There are 10 specific prohibitions.

The first bans the playing of radios, TVs, stereos and the like loud enough to be heard 50 feet from the source, when that source is either a vehicle or is being carried down a street or sidewalk.

The second bans the use of "any tools or equipment used on construction operations, drilling or demolition or other work or in the sweeping of parking lots in areas adjacent to residential districts." between 9 p.m. and 7 a.m., the next day - for example, the ban would be in effect between 9p.m. Thursday night and 7 a.m. Friday morning. The ban also covers Saturdays, Sundays and days after holidays.

The use of power tools outside is banned during the same times. The ordinance also bars handling of boxes, crates, building materials and garbage cans during the same time frame, though it exempts municipal operations. Also banned is the announcement of items for sale by shouting in the same times.

In an apparent reference to altered auto exhaust systems (already regulated by the Pennsylvania Vehicle Code), the proposal states: "No person shall remove, other than for purposes of maintenance, repair, replacement or other work, any muffler or sound-dissipative or element of design or noise label of any product; intentionally move or render inaccurate or inoperative of any sound-monitoring instrument or other device positioned by or for the city or other government entity, provided that such device or the immediate area is clearly labeled or posted to warn of the potential illegality; or use a product which has had a muffler or sound-dissipative device or element of design or noise label removed or rendered inoperative with knowledge or reason to know that such action has occurred."

The proposal also bans working on an engine of a car, truck, motorcycle or motorboat "in such a manner as to cause a noise disturbance across a lot line.," and also bans operating a vehicle in the same manner. Finally, it bans making "any noise which creates a noise disturbance." Exemptions include city-permitted blasting; concerts, carnivals and the like; emergency work by things such as ambulances; work on government-owned facilities; school-related events; noises from warning devices such as car alarms, smoke alarms and the like, provided they last for under three minutes; and bells, chimes and the like used in a religious manner - such as church bells.

The proposal makes a violation a summary offense, with charges filed with a district judge. Fines are to be between $100 and $1,000. It also states that a violation each proposal is a separate violation. So, for example, you're working on a car without a muffler at 4 a.m. using power tools, you could be fined between $300 and $3,000, as that would violate three sections of the proposal.

Calls for a noise ordinance have increased over the last few years, though council has been leery as enforcement has been considered problematic. In putting this proposal together, council looked at existing noise ordinances from several towns and cities around the state.