BOROUGH OF WEST CHESTER PENNSYLVANIA

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1 BOROUGH OF WEST CHESTER PENNSYLVANIA DIANNE HERRIN MAYOR MUNICIPAL BUILDING 401 E. GAY STREET WEST CHESTER, PA PHONE: (610) To: Public Safety Committee cc: Mike Perrone, Scott Bohn From: Dianne Herrin Date: January 21, 2018 Subject: WC Borough Noise Ordinance The Borough s current noise ordinance (Ch 73 of the Borough Code) was intended to provide a tool for enforcing unreasonable and excessive noise in residential areas (i.e., southeast). The ordinance, however, does not specify residential areas and therefore seems to apply to the entire Borough. Recently, the Police Department received requests to enforce this ordinance to suppress noise due to protests taking place alongside the original Courthouse on Market and High Streets. Since the enforceability of the ordinance in public spaces was not clear, an opinion from our solicitor was requested. The review from our solicitor s office (Jon Long memo, 1/3/2018) shows that our ordinance in general fails constitutional scrutiny primarily because it is not tailored to a specific place otherwise incompatible with significant noise, or to a timeframe during which excessive noise is unreasonable (i.e., loud music at 1am in a residential area). We therefore need an updated noise ordinance that protects the constitutional right to free speech while providing a tool the PD can effectively use to manage excessive noise. The Long memo points out that the government s ability to restrict expression in the public forum is very limited. He points out that cities that try to address noise in public areas often establish decibel levels, as this enables them to create enforcement criteria by first quantifying typical background noise levels and then setting measurable thresholds above these levels. Experience in State College, however, suggests this approach is burdensome and difficult because it requires a fairly extensive study of noise levels by specialists, and it requires police officers to carry noise meters. As a result, State College allows officers discretion in determining what is unreasonable noise and outlines some specific prohibitions and exemptions. (The State College ordinance is attached). It also carries a significant fine of $750 for the first offense and $1,000 for the second offense. The question of whether the Borough wishes to attempt to address noise control in the town center needs to be answered, but we do not recommend establishing decibel levels due to the State College experience. 1

2 We are placing this issue on the Public Safety agenda in February to (1) address this question and (2) ultimately direct the solicitor to draft a revised, constitutionally sound ordinance that gives our law enforcement officers a more effective tool for managing excessive noise. A brief review of additional noise ordinances in other college communities revealed some elements that may be worth considering, including: First violations represent a minor misdemeanor; second violations rise to the level of a 4 th - degree misdemeanor. Enforcement timeframes help define a standard of excess (i.e., 11pm to 7am). Distance helps define violations (i.e., noise heard ³50 feet from the source in residential areas). Thank you. 2

3 STATE COLLEGE NOISE ORDINANCE Section 101. General Provisions. PART A NOISE CONTROL ORDINANCE a. Title. This ordinance shall be known and may be cited as the "State College Noise Control Ordinance." b. Purpose. This ordinance aims 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 in the Borough of State College. The residents of State College recognize that uncontrolled noise represents a danger to the health and welfare of their neighbors and that each person in the community is entitled to live in an environment in which the level of noise is minimized for the community good. This ordinance attempts to foster mutual respect among residents and to establish a community position against noise pollution. The community believes that it should rely on the good sense of all residents to respect one another's living and working environments and one another's right to an environment that is free from noise disturbances. c. Scope. This ordinance applies to all persons, property, animals, equipment, appliances, instruments and other sound-emitting devices, as regulated herein. d. Relationship with Other Restrictions. The provisions of this ordinance are not intended to interfere with, abrogate or annul other rules, regulations or ordinances, including Title 18 (Crimes Code) and Title 75 (Vehicle Code), Pennsylvania Consolidated Statutes. If more stringent requirements concerning noise abatement are contained in the other rules, regulations or ordinances, the more stringent regulation shall apply. (Ordinance , January 19, 1995, Section 1, as amended by Ordinance 1987, April 16, 2012.) 10 Section 102. Definitions. Unless otherwise expressly stated or the context clearly indicates a different intention, the following terms have the following meanings: Borough. The Borough of State College, Centre County, Pennsylvania. Emergency. Any occurrence or set of circumstances involving actual or imminent physical or psychological trauma or property damage which demands immediate action. Emergency Work. Any work performed for the purpose of alleviating or resolving an emergency. V-A.l

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