[HISTORY: Adopted by the Borough Council
of the Borough of Lehighton 3-8-1976 by Ord. No. 300; amended in its entirety 5-22-1995 by Ord. No.
452. Subsequent amendments noted where applicable.]
A.
Whereas excessive sound is a serious hazard to the
public health, welfare and safety and the quality of life and whereas
a substantial body of science and technology exists by which excessive
sound may be substantially abated and whereas the people have a right
to and should be ensured an environment free from excessive sound,
it is the policy of the Borough of Lehighton to prevent excessive
sound that may jeopardize the health, welfare or safety of the citizens
or degrade the quality of life.
B.
This chapter shall apply to the control of sound originating
from stationary sources within the limits of the Borough of Lehighton.
The following words and terms, when used in
this chapter, shall have the following meanings unless the context
clearly indicates otherwise:
The total sound pressure level in the area of interest, including
the noise source of interest.
The electronic filtering in sound level meters that models
human hearing frequency sensitivity.
The total sound pressure level in the area of interest, excluding
the noise source of interest.
A group of commercial facilities and the abutting public
right-of-way and public spaces.
Any premises, property or facility involving traffic in goods
or furnishing of services for sale or profit, including but not limited
to:
Any site preparation, assembly, erection, repair, alteration
or similar action or demolition of buildings or structures.
The electronic filtering in sound level meters that models
a flat response (output equals input) over the range of maximum human
hearing frequency sensitivity.
The A-weighted unit of sound pressure level.
The C-weighted unit of sound pressure level.
The unit of measurement for sound pressure level at a specified
location.
Any work or action necessary to deliver essential services,
including but not limited to repairing water, gas, electric, telephone
or sewer facilities or public transportation facilities, removing
fallen trees on public rights-of-way or abating life-threatening conditions.
A sound having a duration of less than one s with an abrupt
onset and rapid decay.
Any activity and its related premises, property, facilities
or equipment involving the fabrication, manufacture or production
of durable or nondurable goods.
Any vehicle that is propelled or drawn on land by an engine
or motor.
A sound-dissipative device or system for attenuating the
sound of escaping gases of an internal combustion engine.
Any building wherein there are two or more dwelling units.
The Borough of Lehighton.
Any sound of such level and duration as to be or tend to
be injurious to human health or welfare or which would unreasonably
interfere with the enjoyment of life or property throughout the municipality
or in any portions thereof, but excludes all aspects of the employer-employee
relationship concerning health and safety hazards within the confines
of a place of employment.
The Noise Control Officer designated as the official liaison
with all municipal departments, empowered to grant permits for variances.
An officially designated employee of the municipality trained
in the measurement of sound and empowered to issue a citation for
violations of this chapter.
Any sound that endangers the safety or health of any person,
disturbs a reasonable person of normal sensitivities or endangers
personal or real property.
Any individual, corporation, company, association, society,
firm partnership, joint-stock company, the municipality or any political
subdivision, agency or instrumentality of the municipality.
Any street, avenue, boulevard, road, highway, sidewalk or
alley that is leased, owned or controlled by a governmental entity.
Any real property or structures thereon that is owned, leased
or controlled by a governmental entity.
Any sound that can be judged as a single pitch or set of
single pitches by the NCO.
Either the imaginary line, including its vertical extension,
that separates one parcel of real property from another, or the vertical
and horizontal boundaries of a dwelling unit that is one in a multidwelling
unit building.
A group of residential properties and the abutting public
rights-of-way and public spaces.
Property used for human habitation, including but not limited
to:
The instantaneous sound pressure level measured in decibels
with a sound level meter set for A-weighting on slow integration speed,
unless otherwise noted.
An instrument used to measure sound pressure levels conforming
to Type 1 or Type 2 standards as specified in ANSI Standard S1.4-1983
or the latest version thereof.
Twenty multiplied by the logarithm, to the base 10, of the
measured sound pressure divided by the sound pressure associated with
the threshold of human hearing, in units of decibels.
Any day, Monday through Friday, that is not a legal holiday.
A.
The provisions of this chapter shall be enforced by
the Noise Control Officers (NCO's).
B.
The Noise Control Administrator (NCA) shall have the
power to:
(1)
Coordinate the noise control activities of all municipal
departments and cooperate with all other public bodies and agencies
to the extent practicable.
(2)
Review the actions of other municipal departments
and advise such departments of the effect, if any, of such actions
on noise control.
(3)
Review public and private projects, subject to mandatory
review or approval by other departments or boards, for compliance
with this chapter.
C.
A person shall be qualified to be an NCO if the person
has satisfactorily completed any of the following:
A.
All departments and agencies of the municipality shall
carry out their programs according to law and shall cooperate with
the NCA in the implementation and enforcement of this chapter.
B.
All departments charged with new projects or changes
to existing projects that may result in the production of noise shall
consult with the NCA prior to the approval of such projects to ensure
that such activities comply with the provisions of this chapter.
A.
Insofar as practicable, sound will be measured while
the source under investigation is operating at normal routine conditions
and, as necessary, at other conditions, including but not limited
to design and maximum and fluctuating rates.
B.
All tests shall be conducted in accordance with the
following procedures:
(1)
The NCO shall, to the extent practicable, identify
all sources contributing sound to the point of measurement.
(2)
Measurements shall be taken at or within the property
line of the affected person.
(3)
The SLM must be calibrated using a calibrator recommended
by the SLM manufacturer before and after each series of readings and
at least once each hour.
(4)
The SLM must be recertified and the calibrator must
be recalibrated at least once each year by the manufacturer or by
a person that has been approved by the NCA. A copy of written documentation
of such recertification and recalibration, in a form approved by the
NCA, shall be kept with the equipment to which it refers.
(5)
No outdoor measurements shall be taken:
(a)
During periods when wind speeds (including gusts)
exceed 15 miles per hour;
(b)
Without a windscreen, recommended by the SLM
manufacturer, properly attached to the SLM;
(c)
Under any condition that allows the SLM to become
wet (e.g., rain, snow or condensation); or
(d)
When the ambient temperature is out of the range
of the tolerance of the SLM.
C.
The report for each measurement session shall include:
(1)
The date, day of the week and times at which measurements
are taken.
(2)
The times of calibration.
(3)
The weather conditions.
(4)
The identification of all monitoring equipment by
manufacturer, model number and serial number.
(5)
The normal operating cycle of the sources in question
with a description of the sources.
(6)
The ambient sound level, in dBA, with the sources
in question operating.
(7)
The background sound level, in dBA, without the sources
in question operating.
(8)
A sketch of the measurement site, including measurement
locations and relevant distances, containing sufficient information
for another investigator to repeat the measurements under similar
conditions.
D.
Prior to taking noise measurements, the investigator
shall explore the vicinity of the source in question to identify any
other sound sources that could affect measurements, to establish the
approximate location and character of the principal sound source and
to select suitable locations from which to measure the sound from
the source in question.
E.
When measuring continuous sound or sound that is sustained
for more than one s at a time, the SLM shall be set for A-weighting,
slow meter response speed, and the range (if the SLM is designed to
read levels over different ranges of SPL's) shall be set to that range
in which the meter reads closest to the maximum end of the scale.
When the measured sound level is variable or fluctuating over a range
greater than +-3 dBA, using the slow meter response speed, the fast
meter response speed shall be used. In either case, both the minimum
and maximum readings shall be recorded to indicate the range of monitored
values.
F.
The SLM shall be placed at a minimum height of three
feet above the ground or from any reflective surface. When hand-held,
the microphone shall be held at arm's length and pointed at the source
at the angle recommended by the SLM manufacturer.
G.
If extraneous sound sources, such as aircraft flyovers
or barking dogs, that are unrelated to the measurements increase the
monitored sound levels, the measurements should be postponed until
these extraneous sounds have become of such a level as not to increase
the monitored sound levels of interest.
H.
The monitoring session should last for a period of
time sufficient to ensure that the sound levels measured are typical
of the source in question, but in no event shall the duration of testing
be less than five minutes.
I.
The background sound levels shall be subtracted from
the measured sound levels of the source of interest by using Table
1 to determine the sound levels from the source of interest alone.
If the ambient sound level is less than three dBA higher than the
background sound level, the source level cannot be derived and a violation
of this chapter cannot be substantiated.
|
Table 1
Correction for Background Levels*
| |
|---|---|
|
Difference Between Ambient and Background
Sound Levels
|
Correction Factor to be Subtracted from
Ambient Level for Source Level
|
|
3
|
3
|
|
4 or 5
|
2
|
|
6 to 9
|
1
|
|
10 or more
|
0
|
|
NOTES:
|
|---|
|
* In dBA.
|
A.
No person shall cause, suffer, allow or permit the operation of any sound source on a particular category of property or any public space or right-of-way in such a manner as to create a sound level that exceeds the background sound level by at least 10 dBA during daytime (7:00 a.m. to 10:00 p.m.) hours and by at least five dBA during nighttime (10:00 p.m. to 7:00 a.m.) hours when measured at or within the real property line of the receiving property, except as provided in Subsection A(1). Such a sound source would constitute a noise disturbance.
(1)
If the background sound level cannot be determined,
the absolute sound level limits set forth in Table 2 shall be used.
(2)
If the sound source in question is a pure tone, the
limits of Table 2 shall be reduced by five dBA.
|
Table 2
Maximum Permissible Sound Levels
| |||
|---|---|---|---|
|
Receiving Property
| |||
|
Residential
|
Commercial
| ||
|
Source Property
|
7:00 a.m. to 10:00 p.m.
|
10:00 p.m. to 7:00 a.m.
|
All Times
|
|
Residential
|
55
|
50
|
65
|
|
Commercial
|
65
|
50
|
65
|
|
Industrial
|
65
|
50
|
65
|
(3)
Nonrepetitive impulsive sound sources shall not exceed
90 dBA or 120 dBC at or within a residential real property line, using
the fast meter response speed.
(4)
In multidwelling unit buildings, if the background
sound level cannot be determined, the daytime limit is 45 dBA and
the nighttime limit is 35 dBA for sounds originating in another dwelling
within the same building.
B.
The following are exempt from the sound level limits of Subsection A:
(1)
Noise from emergency signaling devices.
(2)
Noise from an exterior burglar alarm of any building,
provided that such burglar alarm shall terminate its operation within
five minutes of its activation.
(3)
Noise from domestic power tools, lawn mowers and agricultural
equipment when operated between 8:00 a.m. and 8:00 p.m. on weekdays
and between 9:00 a.m. and 8:00 p.m. on weekends and legal holidays,
provided that they generate less than 85 dBA at or within any real
property line of a residential property.
(4)
Sound from church bells and chimes when a part of
a religious observance or service.
(5)
Noise from construction activity, provided that all motorized equipment used in such activity is equipped with functioning mufflers, except as provided in § 149-7B(6).
(6)
Noise from snow blowers, snow throwers and snow plows
when operated with a muffler for the purpose of snow removal.
A.
No person shall cause, suffer, allow or permit to be made verbally or mechanically any noise disturbance, as defined in § 149-6A.
B.
No person shall cause, suffer, allow or permit the
following acts:
(1)
Operating, playing or permitting the operation or playing of any radio, television, phonograph or similar device that reproduces or amplifies sound in such a manner as to create a noise disturbance (as defined in § 149-6A) for any person other than the operator of the device.
(2)
Using or operating any loudspeaker, public address system or similar device between 10:00 p.m. and 8:00 a.m. the following day, such that the sound therefrom creates a noise disturbance (as defined in § 149-6A) across a residential real property line.
(3)
Owning, possessing or harboring any animal or bird that, frequently or for continued duration, generates sounds that create a noise disturbance (as defined in § 149-6A) across a residential real property line.
(4)
Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, liquids, garbage cans, refuse or similar objects or the pneumatic or pumped loading or unloading of bulk materials in liquid, gaseous, powder or pellet form or the compacting of refuse by persons engaged in the business of scavenging or garbage collection, whether private or municipal, between 9:00 p.m. and 7:00 a.m. the following day on a weekday and between 9:00 p.m. and 9:00 a.m. the following day on a weekend day or legal holiday except by permit, when the sound therefrom creates a noise disturbance (as defined in § 149-6A) across a residential property line.
(5)
Operating or permitting the operation of any motor
vehicle whose manufacturer's gross weight rating is in excess of 10,000
pounds or any auxiliary equipment attached to such a vehicle, for
a period of longer than five minutes in any hour while the vehicle
is stationary, for reasons other than traffic congestion or emergency
work, on a public right-of-way or public space within 150 feet of
a residential area between 9:00 p.m. and 7:00 a.m. the following day.
(6)
Operating or permitting the operation of any tools or equipment used in construction, drilling, earthmoving, excavating or demolition work between 8:00 p.m. and 7:00 a.m. the following day on a weekday or at any time on a weekend day or legal holiday, except for emergency work, by variance issued pursuant to § 149-9 or when the sound level does not exceed any applicable relative or absolute limit specified in § 149-6A.
A.
The provisions of this chapter shall not apply to:
(1)
The generation of sound for the purpose of alerting persons to the existence of an emergency except as provided in § 149-6B(2);
(2)
The generation of sound in the performance of emergency
work; or
(3)
The generation of sound in situations within the jurisdiction
of the Federal Occupational Safety and Health Administration.
B.
Noise generated from municipally sponsored or approved
celebrations or events shall be exempt from the provisions of this
chapter.
A.
Applications.
(1)
Any person who owns or operates any stationary noise
source may apply to the NCA for a variance from one or more of the
provisions of this chapter. Applications for a permit of variance
shall supply information including but not limited to:
(a)
The nature and location of the noise source
for which such application is made.
(b)
The reason for which the permit of variance
is requested, including the hardship that will result to the applicant,
his/her client or the public if the permit of variance is not granted.
(c)
The level of noise that will occur during the
period of the variance.
(d)
The section or sections of this chapter for
which the permit of variance shall apply.
(e)
A description of interim noise control measures
to be taken for the applicant to minimize noise and the impacts occurring
therefrom.
(f)
A specific schedule of the noise control measures
that shall be taken to bring the source into compliance with this
chapter within a reasonable time.
(2)
Failure to supply the information required by the
NCA shall be cause for rejection of the application. A copy of the
permit of variance must be kept on file by the Municipal Clerk for
public inspection.
B.
The NCA may charge the applicant a fee of $30 to cover
expenses resulting from the processing of the permit of variance application.
C.
The NCA may, at his/her discretion, limit the duration
of the permit of variance, which shall be no longer than one year.
Any person holding a permit of variance and requesting an extension
of time shall apply for a new permit of variance under the provisions
of this section.
D.
No variance shall be approved unless the applicant
presents adequate proof that:
E.
In making the determination of granting a variance,
the NCA shall consider:
(1)
The character and degree of injury to or interference
with the health and welfare or the reasonable use of property that
is caused or threatened to be caused.
(2)
The social and economic value of the activity for
which the variance is sought.
(3)
The ability of the applicant to apply the best practical
noise control measures.
F.
The permit of variance may be revoked by the NCA if
the terms of the permit of variance are violated.
A.
Violation of any provision of this chapter shall be
cause for a citation to be issued by the NCO according to procedures
promulgated by the Borough Council.
B.
In lieu of issuing a citation as provided in Subsection A, the NCO may issue an order requiring abatement of any sound source alleged to be in violation of this chapter within a reasonable time period and according to guidelines that the NCO may prescribe.
C.
Any person who violates any provision of this chapter
shall be subject to a fine for each offense of not more than $100.
If the violation is of a continuing nature, each day during which
it occurs shall constitute an additional, separate and distinct offense.
D.
No provision of this chapter shall be construed to
impair any common law or statutory cause of action, or legal remedy
therefrom, of any person for injury or damage arising from any violation
of this chapter or from other law.
