AN ORDINANCE OF THE BOROUGH OF RUTLEDGE, COUNTY OF DELAWARE,
COMMONWEALTH OF PENNSYLVANIA, AMENDING CHAPTER 10 “HEALTH AND
SAFETY” AND CREATING CHAPTER 27 “NOISE CONTROL” TO ESTABLISH
RULES AND REGULATIONS GOVERNING NOISE IN THE BOROUGH.
WHEREAS, the Borough of Rutledge is a municipal corporation organized and existing
under the laws of the Commonwealth of Pennsylvania; and
WHEREAS, the Borough Code vests the Borough of Rutledge with the power and
authority to make and adopt all such ordinances, bylaws, rules and regulations not inconsistent
with or restrained by the Constitution and laws of this Commonwealth, as is expedient or
necessary for the proper management, care and control of, inter alia, the Borough’s finances, the
maintenance of peace, good government, safety and welfare of the Borough, its trade, commerce
and manufactures; and
WHEREAS, Chapter 10, Part 3 of the Borough Code establishes rules and regulations
governing noise in the Borough; and
WHEREAS, Borough Council wishes to amend the regulations to establish a dedicated
Chapter of the Borough Code for Noise Control.
BE IT ORDAINED AND ENACTED, by the Borough Council of the Borough of
Rutledge as follows:
Section 1: Chapter 10, Entitled “Health and Safety” The Code of the Borough of Rutledge is
hereby amended by removing Sections 301, 302, 303, 304 and 305 from Chapter 10 entitled
“Health and Safety.”
Section 2: Chapter 27, Entitled “Noise Control” The Code of the Borough of Rutledge is
hereby amended by adding Chapter 27 entitled “Noise Control”, which reads as follows:
CHAPTER 27
NOISE CONTROL
§27-1. Policy
Whereas excessive noise is detrimental to the health, comfort, living conditions, welfare and
safety of the citizens of the Borough of Rutledge, it is hereby declared to be necessary to provide
for greater control and more effective regulation of excessive sound and the sources of sound
within the Borough of Rutledge.
§27-2. Title
This chapter shall be known as the “Borough of Rutledge Noise Control Ordinance.”
§27-3. Definitions
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
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.
EMERGENCY WORK – Any work performed for the purposes of preventing or alleviating the
physical trauma or property damage threatened or caused by an emergency.
NOISE DISTURBANCE – Any sound which:
A. Measured at a property line of the receiving land, is in excess of 57 dB(A) between 7:00
a.m. and 10:00 p.m., and 52 dB(A) between 10:00 p.m. and 7:00 a.m;
B. Produces vibration which is transmitted through the ground and is discernible without the
aid of instruments at or at any point beyond the lot line from which the sound or vibration
originated; or
C. Produces any vibration in excess of 0.002g peak measured at or beyond the lot line from
which the sound originated using either seismic or electronic vibration measuring
equipment.
PERSON – Any individual, association, partnership or corporation, including officers and
managers of corporations.
PUBLIC RIGHT-OF-WAY – 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 owned or controlled by a
governmental entity.
§27-4. Unlawful acts.
A. Noise disturbance prohibited. No person shall make, continue or cause to be made or
continued, any noise disturbance.
B. Permitted hours of construction work. No person shall operate or permit the operation of
any tools or equipment used in construction operations, drilling or demolition work
between the hours of 8:00 p.m. and 7:00 a.m. the following day, such that the sound
therefrom is audible across a residential real property line, except for emergency work.
C. Permitted hours of yard work. No person shall operate or permit the operation of any
tools or equipment used in landscaping, leaf removal or lawn care between the hours of
8:00 p.m. and 7:00 a.m. the following day, such that the sound therefrom is audible across
a residential real property line, except for emergency work.
D. Permitted hours of loading and unloading. No person shall load, open, close or otherwise
handle boxes, crates, containers, building materials, garbage cans or similar objects
between the hours of 8:00 p.m. and 7:00 a.m. the following day in such a manner as to be
audible across a residential property line. This subsection shall not apply to municipal or
utility services in or about the public right-of-way.
E. Calling or mechanical devices prohibited. No person shall make or cause to be made or
permit to be made, any noise of any kind, by crying, calling or shouting, or by means of
any whistle, rattle, gong, horn, drum or similar mechanical device for the purpose of
advertising any goods, wares or merchandise, or of attracting the attention or inviting the
patronage of any person to any business whatsoever.
F. Commercial mechanical devices prohibited. No person shall, for commercial purposes, or
in connection with any commercial enterprise, erect or locate any device or apparatus in
front of or an on the exterior of premises owned or occupied by them which by
mechanical or electrical means, emits any loud sounds or noises, so as to annoy or disturb
passersby on the street or the general public. This subsection shall not apply in a time of
emergency to any announcement or broadcast of any current event of public interest.
G. Excessive noise from animals. Reference Chapter 2 Animals.
§27-5. Exemptions.
The following sounds are exempted from the provisions of this chapter:
A. Blasting: blasting, under permit obtained from the Code Enforcement Officer.
Such blasting may occur only between the hours of 9:00 a.m. and 4:00 p.m.,
Monday through Friday, unless specifically authorized by permit.
B. Concerts, etc: band concerts, block parties, church events 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 and have received any requisite authorization or
permit from the Borough.
C. Emergency work: sounds caused by 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 or replacement of
any municipal or utility installation in or about the public right-of-way or all
municipal facilities.
E. Public activities: sounds, not electronically amplified, created by organized
community-related programs, activities, and athletic and entertainment events or
other public programs, activities or events.
F. Warning devices: sounds made by warning devices operating continuously for
three minutes or less, except in the event of an actual emergency during which the
time limitation shall not apply.
G. Borough Hall Rentals: sounds made by events at Borough Hall, including final
load out which can occur until 10:00 p.m.
§27-6. Special variances.
Borough Council, upon application for variance and guided by the standards hereinabove
set forth, may grant special variances for infrequent events or activities which do not
exceed 24 hours in duration.
§27-7. Violations and penalties.
Any person violating any provision of this chapter shall, upon conviction thereof in a
summary preceding, be sentenced to pay a fine as set by the Borough Fee Schedule, plus
costs of prosecution, for each and every offense and, in default of payment of such fine
and costs, shall be imprisoned for no more than 30 days. Each day during which any
person violates any provision of this chapter shall constitute a separate offense. This
chapter may be enforced by the Police Department under contract with the Borough of
Rutledge or the Code Enforcement Officer.
Section 3: Severability: The provisions of this Ordinance are severable, and if any sections,
sentences, clauses, parts or provisions thereof shall be held illegal, invalid or unconstitutional by
any Court of competent jurisdiction, such decision of the Court shall not affect or impair the
remaining sections, sentences, clauses, parts or provisions of this Ordinance. It is hereby
declared to be the intent of the Borough Council that this Ordinance would have been adopted as
if such illegal, invalid or unconstitutional, sections, sentences, clauses, parts or provisions had
not been included therein.
Section 4: Repealer: Any ordinance and or parts of ordinances that are inconsistent herewith
are hereby repealed.
Section 5: Immediate Effect: This Ordinance shall take effect and be in force from and after
its approval of this amendment
.
ENACTED AND ORDAINED, by the Borough of Rutledge, Delaware County, Pennsylvania,
this _ day of __, 2025.