[Ord. 10, 11/4/1971, § 1]
This Part shall be known and may be cited as the "West Cocalico
Township Anti-Littering Ordinance."
[Ord. 10, 11/4/1971, § 2]
No person, firm, corporation or association shall throw, or
drop, or cause to be thrown or dropped upon any street or other public
place or upon the land of another, any garbage, bottles, wastepaper,
cans, wood cartons, ashes, metal or metal sweepings, wire, glass,
handbills, cardboard, boxes of any kind, nails, discarded or soiled
personal property, trash or rubbish of any kind, nor interfere with,
scatter or disturb the contents of any receptacle containing garbage,
ashes, household wastes or rubbish which has been placed upon any
sidewalk or elsewhere for the collection of the contents thereof.
[Ord. 10, 11/4/1971, § 3]
No person shall sweep into or deposit in any gutter, street
or other public place within the Township the accumulation of litter
from any building or lot or from any public or private sidewalk or
driveway. Persons owning or occupying property shall keep the sidewalk
in front of their premises free from litter. Persons owning or occupying
places of business within the Township shall keep the sidewalk in
front of their business free from litter.
[Ord. 10, 11/4/1971, § 4; as amended by Ord. 125B, 9/16/2014]
Any person, firm or corporation who shall violate any provision
of this Part, 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 Part continues
or each section of this Part which shall be found to have been violated
shall constitute a separate offense.
[Ord. No. 142, 10/3/2019]
This Part shall be known and may be cited as the "West Cocalico
Township Noise Ordinance."
[Ord. No. 142, 10/3/2019]
This Part is enacted pursuant to the Second Class Township Code.[1]
[1]
Editor's Note: See 53 P.S. § 65101 et seq.
[Ord. No. 142, 10/3/2019]
The purpose of this Part 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 residents of the Township recognize that
uncontrolled noise represents a danger to the health and welfare of
their neighbors and that each person in the community is entitled
to live 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 Part to provide regulations defining a noise disturbance that
vehicles, appliances and equipment shall be not allowed to produce
within specified distances from their neighbors, and also to provide
for the prohibition of other kinds of offensive noises. These regulations
and prohibitions are intended to protect the physical, mental and
social well-being of the residents of West Cocalico Township.
[Ord. No. 142, 10/3/2019]
1.
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 of the Township
and a public nuisance. Specifically, such noise emanating from home
occupations, businesses, industries, between certain hours, sound-amplification
equipment, radios, electronic sound recording equipment, vehicles,
persons maintaining non-farm-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.
Affects the public welfare by reflecting negatively on the quality
of life in residential areas of the Township;
C.
Disturbs the peace and good order of the Township; and/or
D.
Creates noise pollution.
[Ord. No. 142, 10/3/2019]
Unless otherwise expressly stated or the context clearly indicates
a different intention, the following terms have the following meanings:
The governing body of the Township.
Any occurrence or set of circumstances involving actual or
imminent physical or psychological trauma or property damage which
demands immediate action.
Any work performed for the purpose of preventing or alleviating
the physical trauma or property damage threatened or caused by an
emergency.
Any electrical, mechanical or chemical device or instrument,
or combination thereof, which creates noise during its operation by
a person or during or after its activation or discharge by a person,
including, but not limited to, fireworks.
Any individual, association, partnership, corporation, or
limited-liability company 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, limited-liability companies
and associations and, as for corporations, the officers and managers
thereof or any of them.
The Ephrata Borough Police Department or any other municipal
or regional police department which may be contracted to provide police
protective services within the Township.
A sworn officer employed by the Police Department.
The Township of West Cocalico, Lancaster County, Pennsylvania.
[Ord. No. 142, 10/3/2019]
1.
Noise Disturbance Prohibited. No person shall make, continue or cause
to be made or continued any noise disturbance, nor shall any person
suffer, allow or permit any noise disturbance to be made or continued
from or at any property, whether real or personal, that is subject
to such person's right to control.
2.
Noise Disturbance. A noise disturbance is noise of such loudness,
character, duration or repetition from a single source or from multiple
sources, which is or may be predicted with reasonable certainty to
be injurious to health or which unreasonably interferes with the enjoyment
of property or with any lawful business or activity or annoying to
a person of ordinary sensibilities.
3.
Specific Prohibitions. The following acts and the causing thereof
are declared to be noise disturbances and therefore in violation of
this Part. (All times listed are prevailing time.)
A.
Radios, Television Sets, Musical Instruments and Similar Devices.
Operating, playing or permitting the operation or playing of any radio,
television, phonograph, drum, musical instrument, sound amplifier,
automobile radio, automobile stereo, high-fidelity equipment or similar
device which produces, reproduces or amplifies sound:
(1)
At any time in such a manner between the hours of 9:00 p.m.
and 7:00 a.m. so as to be plainly audible across a property line (boundary).
(2)
In such a manner as to create a noise disturbance across a property
line (boundary) or at 50 feet from such device, whichever is less,
when the device is operated in or on a motor vehicle, or hand carried,
on a public right-of-way or public space; or
(3)
In such a manner as to create a noise disturbance to any person
other than the operator of the device, when operated by a passenger
or a common carrier.
B.
Yelling and Shouting, Etc. Engaging in loud or raucous yelling, shouting,
hooting, whistling or singing between the hours of 9:00 p.m. and 7:00
a.m.
C.
Operating or permitting the operation of any tools or equipment used
in construction operations, drilling or demolition work between the
hours of 9:00 p.m. and 7:00 a.m. the following day on weekdays and
Saturdays or at any time on Sundays or legal holidays, such that the
sound therefrom creates a noise disturbance across a residential real
property line (boundary), except for emergency work.
D.
Domestic Power Tools. Operating or permitting the operation of any mechanically powered saw, drill, sander, grinder, lawn or garden tool, or similar device used outdoors in residential areas between the hours of 9:00 p.m. and 7:00 a.m. so as to cause a noise disturbance across a residential property line except as defined in § 6-207.
E.
Loading and Unloading. Loading, unloading, opening, closing or other
handling of boxes, crates, containers, building materials, or similar
objects between the hours of 9:00 p.m. and 7:00 a.m. the following
day in such a manner as to cause a noise disturbance across a residential
property line (boundary).
F.
Animal and Bird Noises. Owning, possessing, harboring or controlling
any animal or bird which howls, barks, meows, squawks or makes other
sounds continuously and/or incessantly for a period of 10 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; provided,
however, that at the time the animal or bird is making such noise,
no person is trespassing or threatening to trespass upon private property
in or upon which the animal or bird is situated or for any other legitimate
cause which teased or provoked the animal or bird.
G.
Powered Model Vehicles. Operating or permitting the operation of
powered model vehicles, so as to create a noise disturbance across
a residential property line (boundary) between the hours of 9:00 p.m.
and 7:00 a.m.
H.
Street Sales. Offering for sale or selling by shouting or outcry
or by any other amplified or unamplified sound except between the
hours of 7:00 a.m. and 9:00 p.m.
I.
Vehicle, Motorboat or Aircraft Repairs and Testing. Repairing, rebuilding
or testing any motor vehicle, motorcycle, motorboat or aircraft in
such a manner as to cause a noise disturbance across a residential
real property line (boundary) between the hours of 9:00 p.m. and 7:00
a.m.
J.
ATVs, Dirt and Trail Bikes and Snowmobiles. Operating or permitting
the operation of dirt and trail bikes, snowmobiles and ATVs so as
to create a noise disturbance across a residential property line (boundary)
between the hours of 9:00 p.m. and 7:00 a.m.
K.
Noise-Creating Devices. Operating, activating, and/or discharging or allowing the operating, activating, or discharging of any noise-creating device such that the sound creates a noise disturbance across a property line (boundary) continuously and/or incessantly for a period of five minutes or more or intermittently for 1/2 hour or more at any time of the day or night. Notwithstanding the foregoing, consumer fireworks may be discharged for a period of up to 30 minutes between 7:00 p.m. and 10:00 p.m. on July 4, the Saturday and Sunday preceding July 4, and the Saturday and Sunday following July 4 of each calendar year, and consumer fireworks may be discharged for a period of up to 15 minutes following 12:00 midnight of January 1 of each calendar year, provided the discharge of consumer fireworks shall comply with all applicable state laws. Use of consumer fireworks exceeding the restrictions set forth herein shall constitute a noise disturbance and violation of this Part unless a waiver is obtained in accordance with § 6-208 of this Part. For the purposes of this section, "consumer fireworks" shall be those fireworks within the definition of "consumer fireworks" in Act 43 of 2017, 72 P.S. § 9401.
[Ord. No. 142, 10/3/2019]
1.
Noise emitted from the following sources shall be exempt from the
noise standards specified herein:
A.
All safety signals and warning devices (e.g., intrusion alarms, backup
alarms on trucks); 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
work).
B.
The provision, repair and maintenance of municipal services or public
utilities.
C.
Bells, chimes and carillons used for religious purposes or in conjunction
with national celebrations or public holidays.
D.
Appliances, lawn and garden equipment, chain saws, and power tools
in use between the hours of 7:00 a.m. and 9:00 p.m., provided such
are operated within the manufacturer's specifications and with
all standard noise-reducing equipment in use, unmodified, and in proper
operating condition. The use of chain saws and power tools are exempt
from the time limitations if used in the case of an emergency (such
as a weather event).
E.
Heavy construction equipment when being used on a specific short-term
project (such as constructing a building, constructing, repairing
or cleaning a road, drilling a well, and other similar short-term,
specific construction, demolition, or repair projects) in use between
the hours of 7:00 a.m. and 9:00 p.m., prevailing time, for the duration
of such short-term, specific project, provided such heavy construction
equipment is operated within the manufacturer specifications and with
all standard noise-reducing equipment in use, unmodified and in proper
operating condition.
F.
Air conditioners, fans, heating units and similar comfort devices,
provided such are operated within the manufacturer's specifications
and with all standard noise-reducing equipment in use, unmodified,
and in proper operating condition.
G.
Airplanes, helicopters and normal activities of properly licensed
airports; trains operating on railroads.
H.
Musical, recreational and athletic events conducted by or permitted
by schools, local government, community or community association or
village festivals, or events sponsored by nonprofit organizations.
I.
Existing weapons firing ranges between 7:00 a.m. and 9:00 p.m. Any
weapons firing ranges used for training or certifying law enforcement
agencies shall be exempt from this Part.
J.
All motor vehicles being operated on the public roads in the Township,
provided such are operated within the manufacturer's specifications
and with all standard noise-reducing equipment in use, unmodified
and in proper working condition.
K.
Activities permitted by special waiver, as provided herein, according
to the terms and conditions of said waiver.
L.
All farm-related operations and activities.
M.
Any existing legitimate or licensed business, commercial or industrial
operation, provided any appliances, equipment, machinery or devices
used in such operation are operated within the manufacturer's
specifications and with all standard noise-reducing equipment in use,
unmodified and in proper operating condition.
N.
Snow removal equipment, provided such are operated within the manufacturer's
specifications and with all standard noise-reducing equipment in use,
unmodified, and in proper operating condition.
O.
Discharging of weapons when hunting in accordance with regulations
of the Pennsylvania Game Commission.
[Ord. No. 142, 10/3/2019]
A temporary waiver from strict compliance with the noise standards
specified herein may be granted to persons, as determined by the Board
of Supervisors, or its delegate, for a reasonable time period specified
in the waiver. The Board of Supervisors may also give a temporary
waiver for an event lasting not more than one hour for which the Legislature
has required or authorized the Board of Supervisors to issue permits.
[Ord. No. 142, 10/3/2019]
It is the policy of the Board of Supervisors in adopting this
Part not to force any industrial or commercial enterprise out of business,
but rather to work with any industrial or commercial enterprise to
find ways to reduce noise levels to the level permitted by this Part.
[Ord. No. 142, 10/3/2019]
This Part may be enforced by any police officer or Code Enforcement
Officer.
[Ord. No. 142, 10/3/2019]
1.
The following procedures and penalties are prescribed for enforcement
of this chapter:
A.
If it is determined by a police officer or Code Enforcement Officer
that noise disturbance as described by this Part has occurred, the
police officer or Code Enforcement Officer may issue a citation.
B.
Injunctions. The Township may file legal or equitable actions in
court to abate or enjoin violations of this Part.
C.
Public Nuisance. Any noise disturbance from any source as defined
herein is hereby declared to be a public nuisance and may be abated
by administrative or judicial proceedings, fines and penalties herein
provided.
D.
Other Remedies. Nothing in this Part shall be construed to impair
any cause of action or legal remedy thereof of any person or the public
for injury or damage arising from the emission or release into the
atmosphere or ground from any source whatever of noise on such place
or manner or at such levels which may give rise to such cause of action.
[Ord. No. 142, 10/3/2019]
The provisions of this Part are not intended to interfere with,
abrogate or annul other rules, regulations or ordinances, including
Title 18 (Crimes Code) and Title 75 (Vehicle Code), of the Pennsylvania
Consolidated Statutes. If more stringent requirements concerning noise
abatement are contained in other statutes, rules, regulations or ordinances,
the more stringent regulation shall apply.
[Ord. No. 142, 10/3/2019]
Any person who shall violate any provision of this Part shall,
upon conviction thereof as a summary offense, be sentenced to pay
a fine of not more than $1,000 and, in default of payment, to imprisonment
for a term not to exceed 30 days. Every day that a violation of this
chapter continues shall constitute a separate offense.
