[HISTORY: Adopted by the Board of Supervisors
of the Township of Uwchlan 10-10-2006 by Ord. No. 2006-07. Amendments noted
where applicable.]
This chapter shall be known as the "Uwchlan
Township Noise Control Ordinance."
[Amended 6-13-2016 by Ord. No. 2016-02]
The purpose of this chapter is to ensure that
public health, safety and welfare shall not be abridged by the making
and creating of noise pollution or of public nuisances from disturbing,
excessive or offensive noises in the Township. The Board of Supervisors
of the Township recognizes that uncontrolled noise represents a danger
to the health and/or welfare of the Township's residents and businesses
and that each person in the community is entitled to live and work
in an environment in which the level of impulsive and amplified noise
is minimized for the community good. It is the purpose and scope of
this chapter to provide regulations to prevent excessive noise and
excessive vibration and to limit, control and eliminate excessive
noise and excessive vibration in general from whatever source; control
sound levels that vehicles, appliances and equipment shall be allowed
to produce, and also to provide for the prohibition of other kinds
of offensive noises. These regulations and provisions are intended
to protect the physical, mental and social well-being of persons living,
working and visiting in Uwchlan Township.
[Amended 6-13-2016 by Ord. No. 2016-02]
The Board of Supervisors finds that failure
of individuals, businesses, industries, persons maintaining animals,
social gatherings and other activities to regulate the noise emanating
from their premises constitutes a violation of the peace and enjoyment
of the residents, employees and other occupants of the Township and
a public nuisance. The Board of Supervisors further finds that no
one has the right to create excessive noise or excessive vibration
that intrudes into or onto the property of others. Specifically, such
noise emanating from homes, occupations, businesses, industries, sound-amplification
equipment, radios, electronic sound recording equipment, vehicles,
persons maintaining animals, social gatherings, and other activities:
A.
Creates a nuisance in that residents are deprived
of the enjoyment of their homes, disturbed in their sleep, and otherwise
prevented from the quiet enjoyment of their residential premises;
B.
Is harmful and detrimental to the health, safety and
welfare of the Township's inhabitants;
C.
Affects the property values of real estate in the
Township;
D.
Affects the public welfare by reflecting negatively
on the quality of life in residential areas of the Township;
E.
Interferes with the conduct and operation of business
and industry;
F.
Disturbs the peace and good order of the Township;
and
G.
Creates noise pollution.
As used in this chapter, the following terms
shall have the following meanings, unless the context clearly indicates
that a different meaning is intended:
Any sound emitted by a person, animal, appliance, equipment,
instrument or other device.
The Township Building Official, Zoning Officer, Manager,
Solicitor and/or police officer.
[Amended 6-13-2016 by Ord. No. 2016-02]
An individual, partnership, corporation, association, or
any other entity or organization.
The Township of Uwchlan, Chester County, Pennsylvania.
[Amended 6-13-2016 by Ord. No. 2016-02]
The making, creation or permitting of any noise
in the Township of such character, intensity or duration, when heard
or detected over the property line of the property within which the
noise is generated, as to be detrimental to the life, health or welfare
of a reasonable person of normal sensitivities or which either steadily
or intermittently annoys, disturbs, injures or endangers the comfort,
repose, peace or safety of a reasonable person of normal sensitivities
is prohibited and is a violation of this chapter.
[Amended 6-13-2016 by Ord. No. 2016-02]
Without in any manner intending to limit or restrict the generality of the restrictions, prohibitions and violations identified in § 166-5 above, the following acts, among others, are declared to be loud or disturbing or unnecessary noises in violation of this chapter and are prohibited or restricted as set forth in this § 166-6.
A.
Animals and birds. The owning, possessing, harboring, keeping or controlling of any animal or bird which makes any noise continuously and/or incessantly for a period of five minutes or makes such noise intermittently for 1/2 hour or more to the disturbance of any person at any time of the day or night, regardless of whether the animal or bird is situated in or upon private property. Such noise is determined to be prohibited noise as described in § 166-5 above, provided that, at the time the animal or bird is making such noise, no person is trespassing or attempting to trespass upon private property in or upon which the animal or bird is situated.
B.
Defect in vehicle or noisy load. The use of any automobile,
motorcycle or other vehicle so out of repair or loaded in such a manner
as to create loud or unnecessary grating, grinding, rattling or other
noise, or those being operated contrary to manufacturer's specifications
and/or without all standard noise-reducing equipment used, or with
noise-reducing equipment that has been modified and is not in proper
working condition.
C.
Steam whistles. The blowing of any steam whistle attached
to any stationary boiler, except to give notice of the time to begin
or stop work or as a warning of danger.
D.
Exhausts. The discharge into the open air of the exhaust
of any steam engine, stationary internal combustion engine, motor
vehicle or motorcycle engine except through a muffler or other device
which meets the standards established for such devices by applicable
laws and regulations or manufacturer's specifications.
E.
Mechanical devices. The operation of machinery, equipment
or other devices by compressed air unless the noise created thereby
is effectively muffled and reduced.
F.
Other devices. The playing, using or operating, or
permitting to be played, used or operated, of any radio, tape player,
cassette player, compact disc player, phonograph or other device which
amplifies sound, or singing, shouting or playing of musical instruments
in such a manner and at such a time which is generally considered
to be inappropriate and which excessively or unreasonably disturbs
the peace and quiet of the immediate neighborhood or surrounding area.
G.
Parties. Acting in a noisy, loud, boisterous and unseemly
manner so as to create noise that disturbs the peace and quiet of
the community and the surrounding neighborhood.
H.
Schools, courts, churches and hospitals. The creation
of any loud or excessive noise on any street adjacent to any school
or institution of learning or judicial court while the same are in
session, or on any street adjacent to a church or religious institution
while worship services are being conducted, or on any street adjacent
to any hospital; this noise shall be a violation of this chapter only
if signs are displayed on such streets indicating that the same is
a school, hospital or court street or quiet zone.
I.
Loading or unloading of vehicles; opening or destruction
of boxes. The creation of a loud or excessive noise in connection
with loading or unloading any vehicle or the opening or destruction
of bales, boxes, crates and containers.
J.
Devices attached to buildings. The sounding of any
bell, gong, siren or device attached or adjacent to any building or
premises, particularly during the hours between 9:00 p.m. and 8:00
a.m., which disturbs the quiet or repose of any persons in the vicinity
of the devices. This prohibition shall not apply if the bell, gong
or device is sounded as a warning of danger but shall apply in the
case of a false alarm or a malfunctioning device.
K.
Trains, vehicles and buses. The unnecessary or prolonged
blowing or sounding of any horn, whistle, bell or other device attached
to any train, locomotive, motor vehicle, bus or truck while passing
through the Township or while loading or unloading passengers or freight
within the Township.
L.
Loudspeakers and amplifiers on vehicles. The use of
mechanical loudspeakers or amplifiers on trucks or other vehicles
for advertising or other commercial purposes, except where a specific
license or permit is received from the Township.
M.
Construction activities. Building construction, demolition, excavation, trenching, grading, filling, grubbing, paving and all activities associated with land disturbance, land development and the construction, maintenance, repair and replacement of utilities, pipelines, streets, buildings and structures, including the operation, running, idling or moving of vehicles and equipment of any kind associated with the foregoing activities, when conducted from 7:00 p.m. or 30 minutes after sunset, whichever is earlier, until 7:00 a.m. the following day, prevailing time, Monday through Thursday; when conducted on Friday, from 7:00 p.m. or 30 minutes after sunset, whichever is earlier, until 9:00 a.m. the following day, prevailing time; and when conducted on Saturdays from 7:00 p.m. or 30 minutes after sunset, whichever is earlier, prevailing time. Notwithstanding the provisions of this § 166-6M, the activities set forth herein are prohibited anytime on Sundays or state or federal legal holidays, except that the construction, repair, replacement and maintenance of residential structures (but excluding land disturbance activities) is permitted on residential properties by the owners of the residential property and their contractors on Sundays and state and federal holidays between 10:00 a.m. and 6:00 p.m., prevailing time.
[Amended 6-12-2017 by Ord. No. 2017-04; 6-11-2018 by Ord. No. 2018-03]
N.
Property maintenance. The use and operation of power
lawn mowers, chain saws, trimmers, chippers, weed-whackers and other
equipment for building and ground maintenance, when operated between
the hours of 9:00 p.m. and 8:00 a.m. the following day, prevailing
time, any day of the week, except on Sunday, when such operation shall
not commence until 9:00 a.m.
The following noises are exempt from the provisions
of this chapter:
A.
Emergency construction, repair, paving, demolition
or alteration of a street or building. Permission of the Township
Manager, or his designee, or the Zoning Officer, when practical, shall
be proof that such emergency exists.
[Amended 6-13-2016 by Ord. No. 2016-02]
B.
Emergency activities of municipal, county, state or
federal government agencies and emergency activities of public utilities
when they are seeking to provide electricity, water or other public
utility services and the public health, safety or welfare are involved,
including sirens and warning devices on or adjacent to facilities
operated by governmental entities and agencies, and emergency service
providers.
C.
All safety signals and warning devices (e.g., intrusion
alarms, backup alarms on trucks) except false alarms and malfunctioning
devices; authorized vehicles when responding to emergencies (e.g.,
police, fire, ambulance sirens or any other device used to alert persons
to an emergency or used during the conduct of emergency or traffic
work).
D.
Power lawn mowers, chain saws, trimmers, weed-whackers,
snow-removal equipment and other equipment for building and ground
maintenance, when operated between the hours of 8:00 a.m. and 9:00
p.m. on Mondays through Saturdays and 9:00 a.m. through 9:00 p.m.
on Sundays, provided that such are operated within the manufacturer's
specifications and with all standard noise-reducing equipment in use,
unmodified, and in proper operating condition.
[Amended 6-13-2016 by Ord. No. 2016-02]
E.
Generators and snow removal equipment during emergencies,
provided such are operated within the manufacturer's specifications
and with all standard noise-reducing equipment in use, unmodified
and in proper operating condition.
F.
Window or through-the-wall heating, ventilation and
air-conditioning units and fans not exceeding a rating of 25,000 BTUs,
and individual heating, ventilation and air-conditioning condensers,
compressors and fans serving single-family detached or single-family
attached dwellings, provided that they are operated within the manufacturer's
specifications, properly maintained and operated, and used with noise-reducing
equipment installed by the manufacturer unmodified and in proper working
condition.
[Amended 6-13-2016 by Ord. No. 2016-02]
G.
Vehicles collecting solid waste and recyclables when
operated during hours as authorized by the Township.
H.
All motor vehicles being operated in Uwchlan Township on any street (as defined in Chapter 265, Zoning), provided that such are operated within the manufacturer's specifications and with all standard noise-reducing equipment in use, unmodified and in proper working condition.
[Amended 6-12-2017 by Ord. No. 2017-04]
I.
Parades, bands and other musical, recreational and
athletic events conducted by or permitted by schools or local government
or with Township approval.
J.
Bells, chimes and carillons used for religious purposes
or in conjunction with national celebrations or public holidays.
K.
Weapons firing ranges existing as of June 13, 2016.
[Amended 6-13-2016 by Ord. No. 2016-02]
L.
Farm animals and farm-related operations and activities
on properties where agricultural uses are permitted by the Township
Zoning Ordinance, provided that such activities are normal and customary
agricultural practices.
[Amended 6-13-2016 by Ord. No. 2016-02]
A.
Any person may request a special variance to any of
the prohibitions of this chapter by filing a written request with
the Township Manager, with such information that the Manager may reasonably
require. In determining whether to grant or deny the request, the
Manager shall balance the hardship to the applicant, the community
and other persons of not granting the variance against the adverse
impact on the health, safety and welfare of the persons affected,
the adverse impact on the property affected, and any other adverse
impact.
B.
If the Township Manager determines that the requested
variance will not cause an adverse impact on the health, safety or
welfare of the community, a permit may be issued specifying the noise
permitted, the hours and days authorized and the duration of the permit.
In granting the permit, the Township Manager may attach such other
reasonable conditions and safeguards as he may deem necessary to carry
out the legislative findings and intent and purposes of this chapter.
The permit shall not become effective until all conditions are agreed
to by the applicant.
C.
Noncompliance with any of the conditions of the permit
shall terminate it without further notice to the applicant; the noise
activity shall immediately cease, and the applicant shall be subject
to all of the provisions of this chapter.
[Amended 6-13-2016 by Ord. No. 2016-02]
Whenever any provision of this chapter conflicts
with any other applicable municipal, county, state or federal ordinance
or statute, the stricter standard shall prevail.
Any violation of this chapter is declared to
be a public nuisance and may be abated by administrative or judicial
proceedings, fines and penalties as provided in this chapter. In addition
to any other relief provided by this chapter, the Township Solicitor
or any resident or taxpayer of the Township may apply to a court of
competent jurisdiction for an injunction to prohibit the continuation
of any violation of this chapter. Such application for relief may
include seeking a temporary restraining order, preliminary injunction
and permanent injunction.
[Amended 10-22-2009 by Ord. No. 2009-04; 6-13-2016 by Ord. No. 2016-02]
A.
Any Township Ordinance Enforcement Officer may issue
an order requiring the immediate abatement of any source of sound
in violation of this chapter. If a person does not comply with the
abatement order upon its issuance, the Ordinance Enforcement Officer
is authorized to enforce the provisions of the chapter by any available
legal remedy, including the issuance of a summary citation for any
violation of this chapter.
B.
Any person, firm or corporation found in violation
of any of the provisions of this chapter by a Magisterial District
Judge in a summary proceeding shall be ordered to pay a penalty as
set forth herein, and a each day a violation occurs or continues shall
be a separate offense. A person, firm or corporation shall be fined
not more than $1,000 for each separate offense. For any offense, a
person shall also pay all court costs including reasonable attorneys'
fees incurred by the Township in the enforcement of this chapter.
In default of payment thereof, the defendant may be sentenced to imprisonment
for a term not exceeding 90 days. Each violation of any of the provisions
of this chapter shall constitute a separate violation and shall be
subject to separate and distinct penalties.
C.
Nothing in this chapter shall be construed to impair
any cause of action or legal remedy of any person or the public for
injury or damage arising from the generation from whatever source
of noise which may give rise to such cause of action.
