[Ord. 452, 2/1/2011, § 1]
This Part shall be known and referred to as the "Noise Abatement
Ordinance."
[Ord. 452, 2/1/2011, § 2]
For the purpose of this Part, the following words, terms and
phrases shall have the meanings indicated herein:
A standard unit for measuring the sound pressure level according
to standard scientific principles. Standard notation is dB.
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage which demands immediate
action.
As defined in the Commonwealth's Motor Vehicle Code,
75 Pa.C.S.A. § 101 et seq.
Any sound emitted by a person, an appliance, equipment, an
instrument or other device or animal.
Any noise which:
Endangers or injures the safety or health of humans or animals.
Willfully, recklessly or negligently annoys or disturbs a reasonable
person of ordinary sensibilities.
Jeopardizes the value of property and/or erodes the integrity,
peace or good order of the environment.
Is plainly audible from a distance of 50 feet or more from its
source.
Is in excess of the allowable noise levels established under
this Part.
Noise for which the information content of that noise is
unambiguously communicated to the listener, such as but not limited
to, spoken speech or musical rhythms.
A temporal and spatial oscillation in pressure or other physical
quantity, in a medium with internal forces that causes compression
and rarefaction of that medium and which propagates at finite speed
to distant points.
[Ord. 452, 2/1/2011, § 3]
1.
It shall be unlawful for any person, firm or corporation to make,
continue or cause to be made or continue any loud, unnecessary or
unusual noise or any noises which either annoys, disturbs, injures,
or endangers the comfort, repose, health, peace or safety of others
within the limits of the Township.
[Ord. 452, 2/1/2011, § 4]
1.
The following acts, among others, are declared to be loud, disturbing
and unnecessary noises in violation of this section, but said enumeration
shall not be deemed to be exclusive:
A.
Radio, Television, and Other Audible Devices. No person shall operate,
play or permit the operation of playing of any radio, television,
drum, musical instrument, music player, sound amplifier, any similar,
or other audible device in a manner which produces, reproduces or
amplifies sound:
(1)
In such manner as to cause a noise disturbance, as defined by
this Part.
(2)
Which is plainly audible at a distance of 50 feet from such
source on any private or public property, or from, in or on a motor
vehicle or hand-carried on a public right-of-way or public space.
(3)
Which is plainly audible at a distance of 50 feet from, in or
on a motor vehicle from which the noise emanates or which is such
that the operator of the vehicle cannot plainly hear or comprehend
emergency signals or devices.
(4)
Between the hours of 9:00 p.m. of one day and 8:00 a.m. of the
following day such that the noise disturbance is plainly audible 50
feet or more from its source or if plainly audible through partitions
common to two parties within a building.
B.
Motor Vehicles.
(1)
No person shall cause to be discharged upon the open air the
exhaust of any stationary internal combustion engine or motor vehicle,
except through a muffler or other device which will effectively prevent
loud or explosive noises from there.
(2)
No person shall cause the tires of any motor vehicle to make
a squealing or other harsh or loud sound except in the event of an
emergency.
(3)
No person shall cause a motor vehicle to idle in such a manner
as to create a noise disturbance as defined by this Part.
C.
Yelling, Shouting and the Like. No person shall yell, shout, hoot,
whistle or sing on the public street, particularly between the hours
of 9:00 p.m. on one day and 8:00 a.m. of the next, or at any time
or place, in a manner that creates a noise disturbance, so as to annoy
or disturb the quiet, comfort or repose of persons in any school,
church or office, or any dwelling, hotel or other type of residence,
or of any persons in the vicinity.
D.
Animals, Birds, Etc. No person shall own, possess, harbor or control
any animal or bird which howls, barks, meows, squawks or makes other
sounds continuously and/or incessantly for a period of 10 minutes
or more, or which makes such noise intermittently for 30 minutes 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 cause which teased or provoked the animal or bird.
[Ord. 452, 2/1/2011, § 5]
1.
The prohibitions of this Part shall not apply to the following:
A.
Any police vehicle, ambulance, fire engine or emergency vehicle while
engaged in necessary emergency activities.
B.
Noises caused by the performance of emergency work or by the ordinary
and accepted use of emergency apparatus and equipment.
C.
Noises resulting from the provision, repair and maintenance of municipal/governmental
facilities, services or public utilities.
D.
The playing of music for specifically permitted carnivals, parades
and concerts within the Township of Baldwin.
[Ord. 452, 2/1/2011, § 6]
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
after notice to desist shall constitute a separate offense.
