[HISTORY: Adopted by the Township Council of the Township
of Hampton as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Animals — See Ch. 105.
[Adopted 4-26-1983 by Ord. No. 298 (Ch. 10, Part 5, of the
1995 Code of Ordinances)]
The Council of the Township of Hampton has determined that:
A.
The making, creation or maintenance of excessive, unnecessary, unnatural
or unusually loud noises in the Township of Hampton which are prolonged,
unusual and unnatural in their time, place and use affect and are
a detriment to the public health, comfort, safety, welfare and property
of the residents of Hampton; and
B.
As a matter of legislative determination and public policy, the provisions,
regulations, and prohibitions of this article are enacted pursuant
to and for the purpose of securing and promoting the public health,
comfort, safety, convenience and welfare of the Township of Hampton
and its inhabitants.
As used in this article, all acoustical words and terms shall
have the meaning set forth in the publication of the American National
Standards Institute, New York, New York, entitled "Acoustical Terminology,
"ANSI S1-1960 (R1976). All equipment used in making acoustical measurements
shall meet or exceed the requirements set forth in the publication
of said Institute entitled, "Specification for Sound Level Meters,"
ANSI S1.4-1971 (R-1976), and all such measurements so made shall be
in full accordance with the methods and procedures set forth in ANSI
S1.34-1980 entitled "Engineering Methods for the Determination of
Sound Power Levels of Noise Sources for Essentially Free-Field Conditions
Over a Reflecting Plane" and ANSI S1.36-1979 entitled "Survey Methods
for the Determination of Sound Power Levels of Noise Sources."
A.
Unless exempted under the provisions of this article, no person shall
cause to be made, directly or indirectly, any loud noise which disturbs,
injures, or endangers the health, comfort, safety, or welfare of others
within the Township of Hampton.
B.
The following specific acts are declared to be loud, disturbing,
and unnecessary noises in violation of this article, but said enumeration
shall not be deemed to be exclusive:
(1)
Horns, signaling devices, etc. The sounding of any horn or signaling
device on any automobile, motorcycle, bus, truck, or other vehicle
on any street, road, or public place, except as a warning pursuant
to the provisions of the Vehicle Code of the State of Pennsylvania;
whistle or other device operated by engine exhaust; and, the use of
any such signaling device when traffic is for any reason held up.
(2)
Radio and television sets, phonographs, machines, etc. The use of
radio or television receiving set, musical instrument, phonograph,
or other machine or device for the producing or reproducing of sound
in such manner as to disturb the peace, quiet, and comfort of the
neighboring inhabitants or at any time with volume louder than is
necessary for convenient hearing for the person or persons who are
in the room or vehicle in which such machine or device is operated
and who are voluntary listeners thereto. The operation of any such
set, instrument, phonograph, machine, or device between the hours
of 11:00 p.m. and 7:00 a.m. in such a manner as to be plainly audible
at a distance of 50 feet from the building, structure, or vehicle
in which it is located shall be prima facie evidence of a violation
of this section.
(3)
Loudspeakers, amplifiers for advertising. The use of any radio receiving
set, musical instrument, phonograph, loudspeaker, sound amplifier,
or other machine or device for producing or reproducing of sound which
is cast upon the public streets for the purpose of commercial advertising.
(4)
Animals, birds, etc. The keeping of any animal or bird which by causing
frequent or long continued noise shall disturb the comfort or repose
of persons residing in the vicinity.
(5)
Exhausts. The discharge into the open air of the exhaust of any internal
combustion engine except through an adequate muffler or other device
which will effectively prevent loud or explosive noises therefrom.
(Pa. Vehicle Code for state law regarding muffler requirements on
motor vehicles.) This includes, by way of example and not by way of
limitation, internal combustion engines powering motor vehicles, lawn
mowers and chain saws.
(6)
Loading and unloading. The creation of a loud and excessive noise
in connection with loading and unloading any vehicle or the opening
or destruction of bales, boxes, crates, and containers.
(7)
Construction activities. Any and all activities incidental to the
erection, demolition, assembling, altering, installing or equipping
of buildings, structures, roads or appurtenances thereto, including
land clearing, grading, excavation and filling other than between
the hours of 7:00 a.m. and 10:00 p.m., Monday through Saturday, except
in case of urgent emergency, and then only with the approval of the
Township Building Inspector.
(8)
Domestic power equipment. The operation on private property or on
the public way of any power equipment rated five horsepower or less
and used for home or building repair or grounds maintenance between
the hours of 10:00 p.m. of one day and 7:00 a.m. of the next day is
prohibited. Such power equipment shall include, but not be limited
to, lawn mowers, garden tools, snow removal equipment, electric or
chain saws or any other power equipment used for home or building
repair or grounds maintenance.
(9)
Blowers, fans, pumps. The use of any blower, fan, or pump or engine
or motor in connection therewith, including, by way of example and
not by way of limitation, air-conditioning systems, compression devices,
and pool filter systems, if such use creates loud, penetrating, or
continuous noises that disturb the comfort or repose of persons residing
in the vicinity.
(10)
Schools, courts, churches, hospitals. The creation of any excessive
noise adjacent to any school, institution of learning, house of worship,
or judicial court while the same are in use, or adjacent to any hospital
which unreasonably interferes with the workings of such institution,
or which disturbs or unduly annoys patients in the hospital, providing
conspicuous signs are displayed on the adjacent streets indicating
that the same is a school, hospital, church, or court street. (Note:
For state statute creating a disorderly person's offense for
disturbing schools, churches, libraries, and other places of assembly,
see Pennsylvania State Statutes.)
(11)
Hawkers, peddlers. The shouting and crying of peddlers, hawkers,
and vendors which disturbs the peace and quiet of the neighborhood.
(12)
Drums, bells, and the like. The use of any drum, bell, horn,
loudspeaker or other instrument or device for the purpose of attracting
attention to any performance, show, or sale, or display of merchandise
by any creation of noise or sound.
(13)
Mobile loudspeakers. The use of mechanical loudspeakers or amplifiers
on vehicles or aircraft for commercial advertising purposes.
(14)
Yelling, shouting, and the like. Yelling, shouting, hooting,
whistling, or singing on the public streets at any time or place so
as to annoy or disturb the quiet, comfort, or repose of persons in
any office, dwelling, hotel, motel, or other type of residence of
any persons in the vicinity.
(15)
Motor vehicles.
(a)
No person shall operate either a motor vehicle or combination
of vehicles of a type subject to registration, except police or fire
equipment or ambulances, at any time or under any condition of grade,
load, acceleration or deceleration in such a manner as to exceed the
following noise limit for the category of motor vehicle based on a
distance of 50 feet from the center of the lane of travel within the
speed limits specified in this section:
[1]
Speed limit of 35 miles per hour or less/speed limit of more
than 35 miles per hour.
[a]
Any motor vehicle with a manufacturer's gross
vehicle weight rating of 7,000 pounds or more, any combination of
vehicles towed by such motor vehicle, and any motor vehicle: 90 decibels/92
decibels.
[b]
Any other motor vehicle and any combination of
vehicles towed by such motor vehicles: 82 decibels/86 decibels.
(b)
The testing procedures to determine violations of this section
shall be in accordance with those adopted by the Commonwealth of Pennsylvania
pursuant to the Act of June 17, 1976, P.L. 162, No. 81, § 1,
75 Pa.C.S.A. § 4523.
(c)
This section applies to the total noise from a vehicle or combination
of vehicles and shall not be construed as limiting or precluding the
enforcement of any other provisions of this article relating to motor
vehicle exhaust noise.
C.
If any person who is not exempted under the provisions of this article shall cause to be made any of the noises prohibited under this § 202-4, and if said noises shall be proved to be in violation of the sound levels prescribed under § 202-3, said proof shall be sufficient to prove a violation under this § 202-4.
The prohibitions contained in this article shall not apply to
persons:
A.
Who are engaged in the performance of any public governmental function
such as the sounding of a church or school bell, or a police fire,
ambulance, air raid or like disaster warning, alert or alarm, whether
such alarm be for an actual emergency purpose or for practice or drilling
purposes.
B.
Who are engaged in a religious, charitable, recreational, civic or
political activity by means of a sound truck or other amplifying device
for nonprofit purposes; provided that such persons shall have first
filed with the Township an application for a permit setting forth
the sponsorship, date, hours, and routes of such activity and the
Township shall have issued a permit after having ascertained that
such activity is not in conflict in terms of hours, route traffic
volume and like factors, with any other previously scheduled activity.
C.
Who are engaged in any activity specifically permitted or required
by any ordinance, resolution, statute or governmental regulation.
[Amended 4-26-1995 by Ord. No. 505]
Any person who shall violate any provision of this article shall,
upon conviction thereof, be sentenced to pay a fine not exceeding
$600 and costs, or in default of payment thereof, shall be subject
to imprisonment for a term not to exceed 30 days. Each day that a
violation of this article continues shall constitute a separate offense.
[Adopted 8-24-2005 by Ord. No. 659]
As used in this article, the following terms shall have the
meanings indicated:
A hydraulically operated device that converts a power producing
diesel or gasoline engine into a power-absorbing retarding mechanism.
A person who drives a motor vehicle equipped with a compression
release engine brake or Jake brake® upon any roadway within the
Township shall not utilize the compression release engine brake or
jake brake instead of the service brake system, except in the case
of failure of the service brake system or emergency.
Any person who shall violate any provision of this ordinance
shall, upon conviction thereof, be sentenced to pay a fine of $150
together with all costs.
