[Adopted 12-6-2000 by Ord. No. 00-04]
Uncontrolled or excessive noise from animals
is detrimental to the physical, mental and social well-being of the
residents of East Hempfield Township. Uncontrolled, and particularly
incessant, barking of dogs or the making of noises from other animals
can result in stress to people who are within audible range of the
noise. Such stress can and does adversely affect the health of such
individuals and interferes with the peaceable enjoyment of the property
on which they reside. The purpose of this article, adopted under Sections
1506, 1529 and 1530 of the Second Class Township Code, is to promote
the public health, safety and welfare by making it unlawful to permit
an animal to create such an offensive situation by barking or otherwise
creating detrimental noise.
It shall be illegal within the Township for
any person to own, possess or control any animal which makes any noise
continuously or repeatedly for a period of at least 15 minutes during
the hours of 7:00 a.m. to 10:00 p.m. daily or continuously or repeatedly
for a period of at least five minutes during the hours of 10:00 p.m.
to 7:00 a.m. daily, regardless of whether the animal is physically
situated in or upon private property. Such noise shall be considered
a nuisance and shall be illegal, provided that none of the exceptions
which follow apply.
The following shall not be considered illegal
under this article:
A. Noise made by farm animals located on farms which
constitute agricultural operations protected from nuisance suits by
the Right to Farm Law or any similar legislation now in force or hereinafter
enacted to protect farm operations from legal actions which have the
effect of restricting lawful agricultural operations.
B. Barking or other noises made by dogs or other animals
in response to a person who is trespassing upon private property in
or upon which the animal is lawfully situated or if the noise is made
in response to an unlawful physical assault upon the dog or other
animal or upon a person lawfully on the property on which the dog
or other animal is situated. By way of illustration, but not limitation,
this exception does not apply to noises made in response to a person
walking, running or being present on a sidewalk intended for the public
or within the public right-of-way of any road regardless of whether
the animal may perceive the presence of such person as being intrusive
or alarming.
C. Barking or other noises made by dogs or other animals
located in a kennel, veterinarian's office or other similar lawful
place of business, provided that the operator of the facility has
adopted and implemented reasonable policies to avoid adverse impacts
to the occupants of neighboring properties, such as, by way of illustration
but not limitation, installing or constructing buffers between the
location of the animals and affected neighboring properties, the placement
of loud animals indoors or the refusal to accept, on other than an
emergency basis, animals which have previously created noise problems
for the operator.
Any person, firm or corporation who shall violate
any provision of this article, upon conviction thereof in an action
brought before a Magisterial District Judge in the manner provided
for the enforcement of summary offenses under the Pennsylvania Rules
of Criminal Procedure, shall be sentenced to pay a fine of not more
than $1,000 plus costs and, in default of payment of said fine and
costs, to a term of imprisonment not to exceed 90 days. Each day that
a violation of this article continues or each section of this article
which shall be found to have been violated shall constitute a separate
offense.
The provisions of this article shall be enforced
by any Township official appointed from time to time by resolution
by the Board of Supervisors or by any police officer having authority
within East Hempfield Township.
[Adopted 7-18-2007 by Ord. No. 2007-02]
Excessive levels of sound are detrimental to
the physical, mental and social well-being of residents as well as
to their comfort, living conditions, general welfare and safety and
are therefore a public health and welfare hazard. The purpose of this
article is to prevent excessive levels of sound that may be a public
health and welfare hazard.
As used in this article, the following terms
shall have the meanings indicated:
AMBIENT NOISE
The all-encompassing noise associated with a given environment,
being usually a composite of sounds from many sources both near and
far.
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
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage.
EMERGENCY WORK
Any work performed for the purpose of preventing or alleviating
the physical trauma or property damage threatened or caused by an
emergency.
IMPULSIVE SOUND
A sound of short duration, usually less than one second,
with an abrupt onset and rapid decay. Examples of impulsive sound
include, but are not limited to, explosions, drop force impacts and
the discharge of firearms.
MOTOR VEHICLE
A vehicle which is self-propelled, except one which is propelled
solely by human power or by electric power obtained from overhead
trolley wires, but not operated upon rails.
NOISE
Any sound which annoys or disturbs humans or which causes
or tends to cause an adverse psychological or physiological effect
on humans.
NOISE DISTURBANCE
Any sound which:
A.
Endangers or injures the safety or health of
humans or animals;
B.
Annoys or disturbs a reasonable person of normal
sensitivities; or
C.
Endangers or injures personal or real property.
PERSON
Any individual, association, partnership or corporation,
and includes any officer, employee, department, agency or instrumentality
of a state or any political subdivision of a state. Whenever used
in any clause prescribing and imposing a penalty, "person" includes
the individual members, partners, officers and managers, or any of
them, of partnerships and associations and, as for corporations, the
officers and managers thereof, or any of them.
PROPERTY BOUNDARY
An imaginary line drawn through the points of contact of
adjoining lands, apartments, condominiums, townhouses and duplexes
owned, rented or leased by different persons; a demarcation or a line
of separation of real 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 boundary. For the purpose of this definition,
the property line includes all points on a plane formed by projecting
the property boundary in a manner deemed appropriate by the enforcing
police officer.
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.
REAL PROPERTY
All land, whether publicly or privately owned, whether improved
or not improved, with or without structures, exclusive of any areas
devoted to public rights-of-way.
SOUND
An oscillation in pressure, particle displacement, particle
velocity or other physical parameter, in a medium with internal forces
that cause compression and rarefaction of that medium, or the superposition
of such propagated oscillation which evokes an auditory sensation.
The description of sound may include any characteristics of such sound,
including duration, intensity and frequency.
VEHICLE
Every device in, upon or by which any person or property
is or may be transported or drawn upon a highway, except devices used
exclusively upon rails or tracks.
ZONING DISTRICTS
The land use districts established by the East Hempfield
Township Zoning Ordinance of 1994, as amended.
The following shall not be considered illegal
under this article:
A. Amplified announcements. Electronically amplified
announcements at athletic events.
B. Blasting. After notification to the Township, blasting
may occur only between the hours of 9:00 a.m. and 4:00 p.m., Monday
through Friday, unless specifically authorized by the Township Manager.
C. Concerts, etc. Band concerts, block parties, church
carnivals 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 9:00
p.m. and 6:00 a.m.
D. Emergency work. Sounds caused by the performance of
emergency work or by the ordinary and accepted use of emergency apparatus
and equipment.
E. 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.
F. School and public activities. Sounds not electronically
amplified, created by organized school-related programs, activities,
athletic and entertainment events or other public programs, activities
or events, other than motor vehicle racing events and fireworks or
fireworks displays.
(1) Any person responsible for any motor vehicle racing event shall obtain a variance pursuant to §
170-10.
(2) Any person responsible for any activity or event involving fireworks or fireworks displays shall obtain a variance pursuant to §
170-10.
G. Snowblowers. The operation of a snowblower is permitted
at any time within the twenty-four-hour period immediately after a
snowstorm. Thereafter, the operation of a snowblower is not permitted
in any residential zoning district between the hours of 9:00 p.m.
and 6:00 a.m., so as not to cause a noise disturbance across a residential
real property boundary.
H. Certain construction-related activities. The operation of tools or equipment and the loading and unloading of certain equipment and materials related to construction activities, which would otherwise be prohibited under §
170-8, due to the time during which the activity occurs, shall not be considered illegal where the owner or operator demonstrates, to the satisfaction of the Township Manager or other designated individual, that the timing of the activity is reasonably required, due to temporary or seasonal weather or atmospheric conditions or where, due to traffic or other similar conditions, conducting the activity during an otherwise prohibited period is reasonably necessary in order to successfully complete the work or in order to create less hardship or adverse impact on neighboring properties than would conducting the activity during the otherwise permitted period.
[Added 9-3-2014 by Ord. No. 2014-10]
The provisions of this article shall be enforced
by any Township official appointed from time to time by resolution
by the Board of Supervisors or by any police officer having authority
within East Hempfield Township.
All ordinances or parts of ordinances conflicting
with the provisions of this article are hereby repealed. It is hereby
declared that the provisions of Ordinance No. 00-04, "An Ordinance
of the Township of East Hempfield, Lancaster County, Pennsylvania,
Regulating the Control of Barking Dogs and Excessive Noise of Other
Animals," are not in conflict with this article and shall remain in
full force and effect.