Township of Lower Gwynedd, PA
Montgomery County
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Table of Contents
Table of Contents
STATUTORY REFERENCES
Power to regulate — See 2nd Class Sec. 702-XXIX
Nuisances — See Crimes Code Sec. 6501 et seq.
GENERAL REFERENCES
Livestock nuisances — See Section 620.01(f).
Solid waste haulers — See Ch. 856.
Solid waste management — See Ch. 1082.
Storage of solid waste — See Sections 1268.08(e), 1272.08(e), 1274.08(e), 1276.08(e) and 1278.08(e).
Exterior storage of motor vehicles and junk — See Section 1298.08.
Electrical Code violations as nuisances — See Section 1448.11.

§ 660.01 Purposes.

[Ord. 36. Passed 4-20-1959]
This chapter is hereby enacted in order to provide regulations for the promotion of health, cleanliness and comfort and to secure the safety of persons and property within the Township and to prohibit nuisances and the carrying on of any offensive manufacture or business.

§ 660.02 Smoke.

[Ord. 36. Passed 4-20-1959]
(a) 
Definitions. As used in this section:
(1) 
"Cinders," "dust," "fly ash," "noxious acids," "fumes" and "gases" mean all matter other than smoke, including coke, cinders, dust and soot formed as a result of the combustion of fuel, which are carried in the gas stream so as to reach the external air and which have not been completely consumed by the combustion process.
(2) 
"Enforcement Officer" means an individual appointed by the Board of Supervisors who is charged with the duty of administering this section.
(3) 
"Ringelmann Chart" means that standard published by the United States Bureau of Mines to determine the density of smoke.
(b) 
Permitted Density. No person shall permit the emission of any smoke, from any source whatsoever, of a density equal to or greater than the density described as Number 1 on the Ringelmann Chart. The emission of smoke of a density equal to or greater than Number 1 on the Ringelmann Chart is hereby declared to be a public nuisance and may be summarily abated by the Enforcement Officer or anyone designated by the Board of Supervisors for such purpose. Comparison of smoke under observation with the Ringelmann Chart shall be made by observation at distances which shall be not less than 100 feet nor more than one-fourth of a mile from the smoke observed. For the purpose of measuring the density of smoke of a color other than black or gray, smoke which allows eighty percent of the transmitted light to pass through it shall be deemed equivalent to smoke of density Number 1 on the Ringelmann Chart, and smoke which permits sixty percent of transmitted light to pass through it shall be deemed equivalent to smoke of density Number 2 on the Ringelmann Chart.
(c) 
Exceptions to Density Limitations. The provisions of subsection (b) hereof shall not be applicable to the following:
(1) 
Smoke, the shade or appearance of which is equal to but not darker than Number 1 on the Ringelmann Chart for a period not exceeding four minutes in any thirty-minute period;
(2) 
Smoke, the shade or appearance of which is equal to but not darker than Number 2 on the Ringelmann Chart for a period aggregating but not exceeding three minutes in any fifteen-minute period when, and only when, a new fire is being kindled or when a breakdown of equipment occurs such as to make it evident that the emission was not reasonably preventable.
(d) 
Escape of Soot, Cinders, Noxious Acids, Fumes and Gases Prohibited. No person shall permit or cause the escape of such quantities of soot, cinders, noxious acids, fumes and gases in such place or manner as to be detrimental to any person or to the public or as to endanger the health, comfort and safety of any such person or of the public, or in such manner as to cause or have a tendency to cause injury or damage to property or business. The escape of such matter is hereby declared to be a public nuisance and may be summarily abated by the Enforcement Officer or by anyone designated by the Board of Supervisors for such purpose. For the purpose of this subsection, soot and cinders shall be deemed detrimental to persons and property if the dust in the gases exceeds .85 pounds per 1,000 pounds of gases adjusted to fifty percent excess air for products of combustion, except that for fuel-burning equipment on premises constructed subsequent to the effective date of this section (Ordinance 36, passed April 20, 1959), a dust-collecting efficiency of not more than ninety-five percent shall be required for special dust-separating equipment. The provisions of this subsection shall not be deemed to be violated during periods when a breakdown of equipment occurs so as to make it evident that the emission above the limit prescribed by this subsection was not reasonably preventable. The quantity of solids in gases shall be determined according to the test codes for dust-separating apparatus of the American Society of Mechanical Engineers, revised and amended, which are hereby made a part of this section by reference.
(e) 
Enforcement. After a person has been notified of three or more violations of this section within any consecutive twelve-month period, with respect to the emission of smoke, soot, dust or fumes, such person shall be notified to show cause before the Township Supervisors on a specified date, not less than ten days from the date of the notice, why the equipment causing such violations should not be sealed. The notice herein provided for may be given by mail directed to the last known address of the person to be notified or, if the person or his or her whereabouts is unknown, by posting a notice on or near the premises at which the violations have occurred. Upon such date, the person may appear and be heard. Upon such hearing, if the Township Supervisors find that adequate corrective means and methods have not been employed to correct the cause of such condition, then it shall be their duty to seal the equipment until such time as the person can show that positive steps have been taken to correct the violation. No person shall violate the seal on any fuel-burning equipment that has been sealed at the direction of the Township Supervisors unless authorized by them in writing to do so.

§ 660.03 Noise.

[Ord. 36. Passed 4-20-1959]
(a) 
At no point on the boundary of a Residential or Business District shall the sound pressure level of any operation exceed the decibel levels in the designated octave bands shown below for the districts indicated.
Sound Levels
Octave Band in Cycles Per Second
Along Residential District Boundaries-Maximum Permitted Sound Level In Decibels
At Any Other Point on the Lot Boundary Maximum Permitted Sound Level In Decibels
0 to 75
72
70
76 to 150
67
74
151 to 300
59
66
301 to 600
62
59
601 to 1,200
46
53
1,201 to 2,400
40
47
2,401 to 4,800
34
41
Above 4,800
32
39
(b) 
The application and use of the table set forth in subsection (a) hereof shall be subject to the following adjustments and standards:
(1) 
The permissible maximum level of intermittent noises shall be established by deducting five decibels from the maximum sound level permitted.
(2) 
Between the hours of 7:00 p.m. and 7:00 a.m. of the following day, the maximum permitted sound levels shall be established by deducting five decibels from the maximum permitted sound levels set forth in the table. (Such "night time adjustment" shall be in addition to any adjustment required under paragraph (b)(1) hereof for intermittent noises.)
(3) 
Sound level measurements shall be made with an instrument of a type approved by the American National Standards Institute.
(4) 
The maximum sound pressure level in decibels shall be equivalent to .0002 dynes per square centimeter.

§ 660.04 Odors.

[Ord. 36. Passed 4-20-1959]
There shall be no emission of odorous gases or other odorous matter in such quantities as to be offensive at lot boundary lines. Any process which may involve the creation or emission of any odor shall be provided with a secondary safeguard system so that control will be maintained if the primary safeguard system should fail. There is hereby established a guide for determining such quantities of offensive odors, namely, Table III (Odor Thresholds) in Chapter Five of the Air Pollution Abatement Manual of the Manufacturing Chemists' Association, Inc., Washington, D.C., 1951, as amended, supplemented and/or revised.

§ 660.05 Glare or heat.

[Ord. 36. Passed 4-20-1959]
Any operation producing glare or heat shall be performed within an enclosed building or behind a solid fence in such manner as to be completely imperceptible from any point beyond the boundary lines of the lot upon which it occurs.

§ 660.06 Vibration.

[Ord. 36. Passed 4-20-1959]
No person shall cause or permit any vibration on any lot in the Township, which vibration is discernible to the human sense of feeling without instruments and perceptible at any point beyond the boundary lines of the lot upon which it occurs.

§ 660.07 Radioactivity or electrical disturbances.

[Ord. 36. Passed 4-20-1959]
No person shall cause or permit any activity on any lot in the Township, which activity emits dangerous or harmful radioactivity, or which activity emits an electrical disturbance adversely affecting the operation of any equipment located beyond the property on which such disturbance originates.

§ 660.08 (Reserved) [1]

[1]
Editor's Note: Former Section 660.08, Open burning, was repealed by implication by Ordinance 261, passed 3-21-1989. See Part 14, Building, Housing and Fire Prevention Code for current provisions.

§ 660.09 Littering or deposit of rubbish; junk vehicles; offensive manufacture or business.

[Ord. 173. Passed 7-17-1979]
(a) 
No person shall throw, deposit or dump any paper, trash, rubbish, ashes, junk, waste, garbage or discarded materials of any kind into any ravine, ditch or gutter, or onto any highway, road, street, avenue, public lane, public alley, sidewalk or footpath, or onto any public place or private property, vacant or occupied, in the Township.
(b) 
No person shall store, deposit or dump an abandoned or junk automobile, or part thereof, into or onto any public place or private property, vacant or occupied, in the Township.
(c) 
No person shall carry on any offensive manufacture or business in the Township.
(d) 
A violation of any of the provisions of this section shall be deemed a nuisance. Whoever maintains or allows to be maintained such nuisance shall, within five days from receipt of notice from the Board of Supervisors or its duly authorized agent, by service of summons in a prosecution or in any other way, remove such nuisance, and upon his or her failure to do so, such nuisance may be removed by the Board or under its authority. The cost of such removal may be collected by the Board or its duly authorized agent from the person maintaining or allowing to be maintained such nuisance, in any manner provided by Section 660.99(b).

§ 660.10 Smoking in school buildings and buses.

[Ord. 93-299. Passed 4-13-1993]
(a) 
In General. To promote the public health, safety and general welfare, and to assist in the prevention of fires, the Board of Supervisors funds that the smoking or carrying of a lighted pipe, cigar or cigarette or tobacco in any form shall be prohibited in all public school buildings and school buses in the Township.
(b) 
Prohibited Conduct.
(1) 
Generally. The smoking or carrying of a lighted pipe, cigar or cigarette or tobacco in any form is prohibited in the areas provided in paragraph (b)(2) hereof.
(2) 
Prohibited areas. Smoking of tobacco shall be prohibited in all public school buildings and school buses within the Township. The Fire Marshal shall designate specific safe locations, if requested, in any building, structure or place in which smoking may be permitted.
(c) 
"No Smoking" Signs.
(1) 
Posting. The Fire Marshal is empowered and authorized to order the posting of "No Smoking" signs in each building, structure, room or place in which smoking shall be prohibited. The content, lettering, size, color and location of required "No Smoking" signs shall be subject to the approval of the Fire Marshal.
(2) 
Removal. It shall be unlawful for any person to obscure, remove, deface, mutilate or destroy a posted "No Smoking" sign.
(3) 
Compliance. It shall be unlawful for any person to smoke, throw or deposit any lighted or smoldering substance in any public school building or school bus in the Township where smoking is prohibited.
(d) 
Ash Trays. If and where smoking is permitted, there shall be provided on each table and at other convenient locations suitable noncombustible ash trays or match receivers.

§ 660.11 Exceptions to chapter.

[Ord. 36. Passed 4-20-1959]
(a) 
No provision of this chapter shall be construed as regulating private residences or any activity on residential property customarily incidental to residential use.
(b) 
Section 660.03 shall not regulate or apply to church bells, chimes, carillons or similar instruments at or on places of worship.

§ 660.99 Penalty; equitable remedies.

[Ord. 36. Passed 4-20-1959. Ord. 93-299. Passed 4-13-1993; Ord. 330. Passed 8-19-1996]
(a) 
Any abatement and injunction proceedings provided for in this chapter or otherwise pursued by the Township shall be in addition to, and not in lieu of, the penalty provided in Section 610.99.
(b) 
Whoever violates Section 660.095 shall be guilty of a civil violation and shall be subject to the payment of a fine in an amount which shall not be less than $25 or more than $300.