Politics & Government

Borough Mulls Changes to Noise Ordinance

Establishing decibel levels for violations and shifting enforcement to the police are among the proposed updates.

Newtown Borough is considering changes to its noise ordinance, including establishing specific decibel levels and eliminating a provision that exempts daytime activity from violation.

Borough Solicitor Paul Cohen said the updated version of the noise ordinance, which is in draft form only and has not been advertised for adoption, reflects the borough’s desire for more objective enforcement standards like decibel levels. It also shifts enforcement responsibilities from the zoning officer to the police department.

The current ordinance has several outdated provisions, like prohibiting whistling in the street, Cohen explained. “To some extent, it may be a little archaic,” he said.

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Under the current ordinance, noise before 10 p.m. is not considered an enforceable disturbance. The updated version eliminates the provision that exempts daytime events from enforcement. That’s something council member Gerard O’Malley said he’s not comfortable with.

“Anybody’s barbeque could potentially be a noise disturbance under this ordinance,” O’Malley said. “Having some hourly limitations may be helpful to give some parameters.  In the previous ordinance, as long as it was before 10 p.m. it was untouchable.”

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Council member Robert Walker said he has concerns of enforceability with the updated noise ordinance.

“It would seem to me we are going to have to acquire some sort of measuring device to be used by the officers,” Walker said. “Does (the ordinance) hold up or are we chasing the wind here?”

Walker said he is not against updating the noise ordinance but wants to be sure it has clout and can be enforced.

Cohen said he believes the updated version is enforceable. “However, it would be subject to potential challenge," he added.

The new ordinance would have associated costs, including purchase of enforcement devices, training, and maintenance of decibel meters.

Borough Mayor Dennis O’Brien said Newtown Township has two decibel readers. They cost approximately $1,000 each. A calibrator is also needed for monthly maintenance.

Council member Mike Sellers said there is a need for an updated ordinance. Noise disturbance in the borough is an ongoing issue, he said. “This ordinance gives weight to this issue for us,” Sellers said.

Council will continue discussion of the noise ordinance at its work session next month. In the meantime, Cohen said he plans to do some research to determine how similar ordinances have worked in nearby communities, such as New Hope.


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