[HISTORY: Adopted by the Board of Supervisors
of Franklin Township 2-6-2020 by Ord. No. 2019-06. Amendments noted
where applicable.]
This chapter shall be known as, and may be cited as, the "Franklin
Township Noise Nuisances Ordinance."
A.
A substantial body of science and technology exists by which excessive
sound may be substantially abated.
B.
Activities which generate excessive noise vibrations, dust, fumes,
and vapors are detrimental to the health, safety and welfare of the
citizens of Franklin Township and interfere both with the quiet enjoyment
of residential and public property and the operation of business and,
therefore, should be controlled to the greatest extent possible.
For the purposes of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
The erection, repair, renovation, demolition or removal of
any building, facility, equipment, machinery or structure and the
excavation, filling, grading and regulation of lots in connection
therewith.
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage.
Any work performed for the purpose of preventing or alleviating
the physical trauma or property damage threatened or caused by an
emergency.
A vehicle which is self-propelled, except an electric personal
assistive mobility device or a vehicle which is propelled solely by
human power.
A motor vehicle having a seat or saddle for the use of the
rider and designed to travel on not more than three wheels in contact
with the ground.
A device designed or used for decreasing or abating the level
of sound escaping from an engine or machinery system.
Any sound emitted by a person, animal, or noise-creating
device.
In addition to the specific noise disturbance set forth in
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 electrical, mechanical, or chemical device or instrument,
or combination thereof, that creates noise during its operation by
a person.
Actual control by a person.
Any individual, partnership, limited partnership, limited
liability partnership, limited liability company, association, firm,
corporation, or any other legally recognized entity. Whenever used
in any provision prescribing and imposing a penalty, "person" includes
the individual members, partners, officers and managers of any legally
recognized entity.
The Pennsylvania State Police, or any properly authorized
member or officer thereof in any other law enforcement agency having
jurisdiction within the Township of Franklin.
Any self-propelled airborne, waterborne or landborne plane,
vessel or vehicle which is not designed to carry persons, including
but not limited to any model airplane, boat, car or rocket.
An imaginary line drawn through the points of contact of
adjoining lands, apartments, condominiums, townhouses and duplexes
owned, rented or leased by different persons; a demarcation or a line
of separate properties; and also, for any two or more buildings sharing
common grounds, the line drawn midway between any two such buildings.
All areas devoted to public rights-of-way shall be deemed to be across
the property line. As used herein, the property line includes all
points on a plane formed by projecting the property line in a manner
deemed appropriate by the enforcing police.
Affecting or likely to affect persons in a place to which
the public or substantial group has access.
Any street, alley, sidewalk or similar place which is either
owned or controlled by the Township of Franklin for the benefit and
use of the public.
Any real property or structure thereon which is either owned
or controlled by the Township of Franklin for the benefit and use
of the public.
All land, whether publicly or privately owned, whether improved
or not improved, with or without structures, exclusive of any areas
devoted to public rights-of-way.
An auditory sensation evoked by the oscillation of air pressure.
The removal or rendering inoperative by any person, other
than for purposes of maintenance, repair or replacement, of any muffler
or sound-dissipative device or element of design of any motor vehicle
or motorcycle.
The Township of Franklin, Adams County, Pennsylvania.
A motor vehicle designed primarily for the transportation
of property.
In residential districts, it shall be considered an unreasonable
noise and a public nuisance if, between the hours of 9:00 p.m. of
one day and 6:00 a.m. the following day, regardless of the sound level
which is emitted, for any person to engage in the following conduct:
Play or permit the operation of the playing of any radio, television,
drum, musical instrument, music player, sound amplifier, phonograph
or similar device which produces, reproduces or amplifies sound in
such a manner as to be plainly audible across a property line or from
within another dwelling unit.
Rebuild, test, operate on other than a public road, or otherwise
work on any motorcycle, motor vehicle, motor boat or aircraft in such
a manner as to be plainly audible across a property line.
To yell, shout, whistle, sing or otherwise create noise across
property lines that disturbs the quiet, comfort or repose of persons
in any dwelling, hotel, or other type of residence.
Every device in, upon or by which any person or property
is or may be transported or drawn upon a highway, except devices used
exclusively upon rails or tracks. The term does not include a self-propelled
wheelchair or an electrical mobility device operated by and designed
for the exclusive use of a person with a mobility-related disability.
The Vehicle Code of the Commonwealth of Pennsylvania (75
Pa.C.S.A. § 101 et seq.), as is hereafter amended, supplemented,
modified, or reenacted by the General Assembly of the Commonwealth
of Pennsylvania.
A.
The following acts and causes thereof are hereby declared to be a
nuisance and in violation of this chapter.
(1)
Possessing, harboring or keeping a domestic animal or bird which
makes any noise continuously and/or persistently for a period of 10
minutes or more, in such a manner as to disturb or annoy any person
at any time of the day or night, regardless of whether the animal
is situated upon private property. This shall not apply to livestock
kept for agricultural purposes.
(2)
Operating, playing, or permitting the operation or playing of any
radio, television, audio equipment, loud speaker, public address system,
sound amplifier, musical instrument, or similar device that reproduces
or amplifies sound through electric or battery means in such a manner
as to create a noise disturbance or to cause annoyance to persons
in the vicinity for any person other than the operator of the device
or to be audible greater than 30 feet from the source and not operated
upon the property of the operator or with the knowledge, permission
or consent of the owner or legal occupant of the property, and if
operated on the property of the operator or with the knowledge, permission
or consent of the owner or legal occupant of the property, then so
as to be audible greater than 30 feet from a boundary of the property
or, in the case of residential properties, across a residential real
property boundary from the noise source.
(3)
Using or operating of any loudspeakers, public address system, or
similar device for commercial purposes, such that the sound therefrom
creates a noise disturbance across a residential real property line.
(4)
Repairing, rebuilding, modifying, testing, or operating a motor vehicle,
motorcycle, recreational vehicle or powered model vehicle in such
a manner as to cause annoyance to persons across a real property boundary
from the noise source.
(5)
The sounding of any horn or signaling device on any automobile, motorcycle
or other vehicle on any road or public place of the Township, except
as a danger warning pursuant to the Motor Vehicle Code of the Commonwealth
of Pennsylvania;[1] or the sounding of any such device for an unnecessary
and unreasonable period of time.
[1]
Editor's Note: See 75 Pa.C.S.A. § 101 et seq.
(6)
The discharge into the open air of the exhaust of any steam engine,
stationary internal combustion engine, motor board or motor vehicle
except through a muffler or other device as provided by the Motor
Vehicle Code of the Commonwealth of Pennsylvania, which will effectively
prevent loud or explosive noises therefrom; or the spinning of wheels
or squealing of tires; or the racing of internal combustion engines,
without cause clearly created by road or weather conditions.
(7)
The erection (including excavating), demolition, alteration or repair
of any building other than between the hours of 6:00 a.m. and 9:00
p.m. daily except in case of urgent necessity in the interest of public
health and safety.
(8)
Operating or permitting the operation of any mechanically powered
saw, drill, sander, grinder, lawn or garden tool or similar device
used out of doors between the hours of 9:00 p.m. and 6:00 a.m. in
such a manner as to cause annoyance to persons across real property
boundary from the noise source.
(9)
Operating or permitting the operation of any motor vehicle 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, with the
exception of railroad engines which may idle during a warm-up period
not to exceed 20 minutes.
(10)
Operating or permitting the operation of any device for exhibition
or show purposes in such a manner as to cause annoyance to persons
across a real property boundary from the noise source.
(11)
Animals and Birds. Owning, possessing, harboring, or controlling
any animal or bird which makes any noise continuously and/or incessantly
for a period of 10 minutes or more or makes such noise intermittently
for 1/2 hour or to the disturbance of any person at any time of the
day or night, regardless of whether the animal or bird is physically
situated in or upon private property.
B.
All alleged violations must be signed and reported to the Township
office, in writing, immediately or on the next available business
day.
The following activities shall be exempt from the provisions
of this chapter:
A.
Noise as safety signals, warning devices, emergency pressure relief
valves or other sound needed to alert people about an emergency.
B.
Noise resulting from emergency work.
C.
Noise resulting from permitted public festivals, celebrations, or
other lawfully authorized public gatherings.
D.
Noise resulting from any athletic, recreational, or other such outdoor
activity on fields and sites specifically set aside for such purposes.
E.
The provision, repair and maintenance of municipal services or public
utilities.
F.
The sounding of bells, chimes and carillons used for religious purposes
or in conjunction with national celebrations or public holidays.
G.
The operation of snow removal equipment.
H.
The operation of air conditioners, fans, heating units and similar
comfort devices.
I.
The operation of airplanes, helicopters and normal activities of
properly licensed airports; trains operating on railroads.
J.
The operation of all motor vehicles being operated on public roads.
K.
All farm related operations and activities.
L.
Any lawfully existing or licensed business, commercial or industrial
operation.
M.
Public gatherings, performances and the like for which a special
event permit has been obtained from the Township in accordance with
the Township's Special Event Ordinance.
N.
Events. Events such as but not limited to concerts, block parties,
carnivals, festivals, fireworks, or other performances or similar
activities publicly or privately sponsored and presented in any public
or private space outdoors, provided that such activities do not occur
between the hours of 11:00 p.m. and 6:00 a.m.
O.
School and Public Activities. Sounds resulting from organized school-related
programs, activities, athletic and entertainment events or other public
programs, activities or events, provided that such programs, activities
or events do not occur between the hours of 11:00 p.m. and 6:00 a.m.
It shall not be necessary to establish that any occurrence has
lasted for a specific period of time in order to find the violation
of this section. If the offending noise emanates from private property,
it shall be conclusively presumed that the occupant of the property
authorized and/or permitted and participated in the violation.
A.
Prior to the filing of a private criminal complaint for violation of § 110-4, it shall be necessary to serve written notice upon the occupant of the property in one of the following ways:
B.
Form to be provided. Notice required under this section must be given
on a form prescribed and provided by the Township, and said required
notice may be executed and served as required by the aggrieved party
or by a Township official on complaint received from the aggrieved
party in writing and signed.
C.
Contents of notice. A notice shall set forth the name and address
of the property and the occupant of the property, the nature and extent
of the violation or offense, the identity of the person giving notice,
the date of the sending or posting of notice, and a statement to the
effect that a complaint may be filed if the nuisance is not abated
or if it is repeated.
D.
Duration of notice. Any notice given pursuant to this section shall
be valid for a period of six months. Within six months, no additional
notice need to be given prior to the filing of a private complaint.
Upon written application to the Township not less than 30 days
in advance, a temporary waiver from strict compliance with the noise
standards specified herein may be granted to persons for reasonable
cause, as determined by the Board of Supervisors.
A.
Each occurrence of a violation of any provision of this chapter shall
constitute a separate and distinct offense. The Township may also
be entitled to the costs of prosecution to include, but not limited
to, engineer fees, attorney fees and other professional fees. Any
person found guilty of a violation of this chapter in a summary proceeding
before a District Magistrate shall pay a fine of not more than $300,
together with the costs of prosecution, and, in default of payment
of said fine and costs of prosecution, shall be imprisoned for not
more than 10 days. Each day a violation continues, after notice, shall
constitute a separate offense.
B.
In addition to the above penalties, the Township may seek such equitable
or other remedies as may otherwise be available to include injunctive
relief.
C.
The Board of Supervisors may direct the removal, repair, or alteration,
as the case may be, to be done by the Township and to certify the
costs thereof to the Township Solicitor. The cost of such removal,
repairs or alterations shall be a lien upon such premises from the
time of such removal, cutting, repairs and alterations, which date
shall be determined by the certificate of the person doing such work,
and filed with the Township Secretary, and which claim shall be filed
against the owner of the subject premises in the manner allowed by
law for the filing of a municipal lien.
D.
The Township, by means of a complaint in equity, may compel the owner
of the premises to comply with the terms of any notice of violation,
or seek any such other relief as any such court of competent jurisdiction
is empowered to afford.
Provisions of this chapter may be enforced by any peace officer.
Enforcement may also be by any person who, after prior notice is given
as required, shall, as an affiant, institute a private criminal proceeding
by filing a complaint with the District Magistrate as provided by
law.
If any section, subsection, sentence, clause, phrase or portion
of this chapter is for any reason held to be invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall
not affect the validity of the remaining portions thereof.
This chapter shall take effect five days after its enactment.
