[HISTORY: Adopted by the Borough Council
of the Borough of Downingtown 7-16-2003 by Ord. No. 2003-4.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Automatic protection alarms — See Ch. 94.
Dogs and other animals — See Ch. 131.
Mass gatherings — See Ch. 173.
Minibikes and motorcycles — See Ch. 179.
Peddling and soliciting — See Ch. 211.
[1]
Editor's Note: This ordinance was adopted
as Ch. 190 but was renumbered to maintain the alphabetical organization
of the Code.
This chapter, as it may be amended from time
to time, shall be known as the "Borough Noise Ordinance."
A.Â
The singular shall include the plural, and the plural
shall include the singular. The past tense shall include the future
tense. The word "shall" is always mandatory.
B.Â
AMBIENT SOUND LEVEL
A-WEIGHTED SOUND LEVEL
BACKGROUND SOUND LEVEL
BOROUGH
C-WEIGHTED SOUND LEVEL
CYCLE
CYCLIC
DEMOLITION
EMERGENCY WORK
MOTOR VEHICLE
MUFFLER
MULTI-DWELLING-UNIT BUILDING
MULTI-USE PROPERTY
NOISE CONTROL OFFICER (NCO)
OCTAVE BAND
PLAINLY AUDIBLE
PUBLIC SPACE
PURE TONE
REAL PROPERTY LINE
WEEKDAY
WEEKEND
Unless otherwise expressly stated, the following words
and phrases shall be construed throughout this chapter to have the
meanings herein indicated:
The sound pressure level in the area of interest, including
a composite of sounds from many sources near and far, but excluding
extraneous or extraordinary noise sources, such as ambulance sirens.
[Added 2-7-2007 by Ord. No. 2007-01]
The logarithmic sum of octave band sound levels obtained
after applying a series of correction factors to the sound pressure
levels in each octave band as specified in ANSI S1.42 measured with
a sound level meter using the A-weighted network. The level so read
is designated as dB(A).
[Added 2-7-2007 by Ord. No. 2007-01]
The ambient sound level excluding the noise source of interest.
[Added 2-7-2007 by Ord. No. 2007-01]
The Borough of Downingtown, Chester County, Pennsylvania.
Depending upon its usage, the term may refer to the government of
the Borough, the geographic area of the Borough, or both.
The logarithmic sum of octave band sound levels obtained
after applying a series of correction factors to the sound pressure
levels in each octave band as specified in ANSI S1.42 measured with
a sound level meter using the C-weighted network. The level so read
is designated as dB(C).
[Added 2-7-2007 by Ord. No. 2007-01]
An interval of time during which a sequence of a recurring
succession of events or phenomena is completed.
The characteristic of repeating in a cycle.
Any dismantling, destruction and/or removal of buildings,
structures and/or roadways.
Any work or action necessary to deliver essential public
services, including but not limited to, repairing water, gas, electricity,
telephone, sewer, or public transportation facilities, removing fallen
trees on public rights-of-way, or abating unsafe conditions.
Any vehicle that is propelled other than by human or animal
power on land.
A properly functioning sound-dissipative device or system
for abating the sound of escaping gases on equipment where such a
device is part of the normal configuration of the equipment.
Any building comprising two or more dwelling units, including
but not limited to apartments, condominiums, co-ops, multiple-family
houses, townhouses, and attached residences.
Any distinct parcel of land that is used for more than one
category of activity. Examples include but are not limited to a commercial,
residential, industrial or public service property having boilers,
incinerators, elevators, automatic garage doors, air conditioners,
laundry rooms, utility provisions, or health and recreational facilities,
or other similar devices or areas, either in the interior or on the
exterior of the building, which may be a source of elevated sound
levels at another category on the same parcel of land; or a building,
which is both commercial (usually on the ground floor) and residential,
with the residential property located above, behind, below or adjacent.
An employee of the Borough who has received noise enforcement
training and is currently certified in noise enforcement. The employee
must be acting within his designated jurisdiction and must be authorized
to issue a summons to be considered a noise control officer.
[Amended 2-7-2007 by Ord. No. 2007-01]
A portion of a sound spectrum with the upper limit twice
the frequency of the lower limit. Octave bands are named for the center
frequency (geometric mean) of the band. Standard octave bands for
sound levels meters are defined in ANSI S1.11.
[Added 2-7-2007 by Ord. No. 2007-01]
Any sound that can be detected by a person using his or her
unaided hearing faculties; a sound level of 60 dBA or more. As an
example, if the sound source under investigation is a portable or
personal vehicular sound amplification or reproduction device, the
detection of the rhythmic bass component of the music is sufficient
to verify plainly audible sound. The listener need not be able to
determine the title, specific words, or the artist performing the
song.
Any real property or structures thereon that are owned, leased,
or controlled by a governmental entity for public purpose.
Any sound that is judged by the NCO to be a single pitch
or a set of single pitches, or any sound where any octave band exceeds
any of the two contiguous octave bands by five dB.
[Added 2-7-2007 by Ord. No. 2007-01]
Either the imaginary line including its vertical extension
that separates one parcel of real property from another; or the vertical
and horizontal boundaries of a dwelling unit that is part of a multi-dwelling-unit
building; or, on a multi-use property, the interface between the two
portions of the property on which different categories of activity
are being performed (e.g., if the multi-use property is a building
which has residential and commercial uses, then the real property
line would be the interface between the residential area and the commercial
area).
Any day that is not a federal holiday, a Saturday or Sunday,
and beginning on Monday at 7:00 a.m. and ending on the following Friday
at 6:00 p.m.
Beginning on Friday at 6:00 p.m. and ending on the following
Monday at 7:00 a.m. and any federal holiday.
[Amended 2-7-2007 by Ord. No. 2007-01]
A.Â
Insofar as practicable, sound will be measured while
the source under investigation is operating at normal, routine conditions
and, as necessary, at other conditions, including but not limited
to design, maximum, and fluctuating rates.
B.Â
All tests shall be conducted in accordance with the
following procedures:
(1)Â
The NCO shall, to the extent practicable, identify
all sources contributing sound to the point of measurement.
(2)Â
Measurements shall be taken at or within the real
property line of the affected person.
(3)Â
The measuring instrument must be calibrated using
a calibrator recommended by the measuring instrument manufacturer
before and after each series of readings.
(4)Â
The measuring instrument must be recertified and the
calibrator must be recalibrated at least once each year by the manufacturer
or by a person that has been approved by the manufacturer. A copy
of written documentation of such recertification and recalibration
shall be kept with the equipment to which it refers.
(5)Â
No outdoor measurements shall be taken:
(a)Â
During periods when wind speeds (including gusts)
exceed 15 mph; without a windscreen, recommended by the measuring
instrument manufacturer, properly attached to the measuring instrument;
(b)Â
Under any condition that allows the measuring
instrument to become wet (e.g., rain, snow, or condensation); or
(c)Â
When the ambient temperature is out of the range
of the tolerance of the measuring instrument.
(6)Â
The report for each measurement session shall include:
(a)Â
The date, day of the week, and times at which
measurements are taken;
(b)Â
The times of calibration;
(c)Â
The weather conditions;
(d)Â
The identification of all monitoring equipment
by manufacturer, model number, and serial number;
(e)Â
The normal operating cycle of the sources in
question with a description of the sources;
(f)Â
The ambient sound level, in dB(A) (or octave
bands), with the sources in question operating;
(g)Â
The background sound level, in dB(A) (or octave
bands), without the sources in question operating; and
(h)Â
A sketch of the measurement site, including
measurement locations and relevant distances, containing sufficient
information for another investigator to repeat the measurements under
similar conditions.
(7)Â
Prior to taking noise measurements the investigator
shall explore the vicinity of the source in question to identify any
other sound sources that could affect measurements, to establish the
approximate location and character of the principal sound source,
and to select suitable locations from which to measure the sound from
the source in question.
(8)Â
When measuring continuous sound, or sound that is
sustained for more that one second at a time, the measuring instrument
shall be set for A-weighting, slow response, and the range (if the
measuring instrument is designed to read levels over different ranges)
shall be set to that range in which the meter reads closest to the
middle of the scale. For octave-band measurements, the measuring instrument
shall be set without weighting, slow response. The minimum and maximum
readings shall be recorded to indicate the range of monitored values
along with the central tendency average most often displayed.
(9)Â
The measuring instrument shall be placed at a minimum
height of three feet above the ground or from any reflective surface.
When hand-held, the microphone shall be held at arm's length and pointed
at the source at the angle recommended by the measuring instrument's
manufacturer.
(10)Â
If extraneous sound sources which are unrelated to
the measurements, such as aircraft flyovers or barking dogs, increase
the monitored sound levels, the measurements shall be postponed until
these extraneous sounds have decreased sufficiently so they do not
increase the monitored sound levels of interest.
(11)Â
The monitoring session shall last for a period of
time sufficient to ensure that the sound levels measured are typical
of the source in question.
(12)Â
Background sound levels.
(a)Â
The background sound levels shall be subtracted
from the measured sound levels of the source of interest by using
Table 1 to determine the sound levels from the source of interest
alone. If the ambient sound level is less than three dB(A) higher
than the background sound level, the source level cannot be derived
and a violation of the chapter cannot be substantiated.
Table 1: Correction for Background Levels
dB(A)
|
Difference Between Ambient and Background
Sound Levels
|
Correction Factor to be Subtracted from
Ambient Level for Source Level
| |
---|---|---|
3
|
3
| |
4, 5
|
2
| |
6 to 9
|
1
| |
10 or more
|
0
|
(b)Â
When the source being analyzed is a sound reproduction
or reinforcement system with low frequency signals as part of its
output, the system shall not cause a "C" weighted level of 10 dB or
greater above the "C" weighted ambient level at a distance of 10 feet
from the source, or the complainant's property line, which ever is
greater.
A.Â
Exceptions. Except as provided in Subsection B below, the provisions of this chapter shall not apply to the following:
(1)Â
Agricultural activities;
(2)Â
Bells, chimes or carillons while being used in conjunction
with religious services;
(3)Â
Emergency energy-release devices;
(4)Â
Emergency work;
(5)Â
National Warning System (NAWAS): systems used to warn
the community of attack or imminent public danger such as flooding
or explosion, or other systems similar in nature and purpose.
(6)Â
Public celebrations on public property conducted in
compliance with all applicable regulations;
(7)Â
Vehicles using public roadways in compliance with
all other applicable regulations;
(8)Â
Surface carriers engaged in commerce, including but
not limited to railroads, when in compliance with all other applicable
regulations;
(9)Â
The unamplified human voice;
(10)Â
Use of explosive devices in compliance with the Pennsylvania
Code, 25 Pa. Code 87.127;
(11)Â
Impulsive sounds resulting from unexpected or accidental
occurrences;
(12)Â
Functions of the Borough and public schools, including
but not limited to waste removal, sporting events and activity practices;
(13)Â
Emergency response vehicles in use for authorized
purposes;
(14)Â
Nonamplified sound emanating from organized play or
recreation, including but not limited to team practices, games and
playground activities, provided that such activities are in compliance
with all other applicable regulations.
(15)Â
Noise from emergency signaling devices;
[Added 2-7-2007 by Ord. No. 2007-01]
(16)Â
Noise from an exterior burglar alarm of any building
or car alarm, provided such burglar alarm shall terminate its operation
within three minutes of its activation;
[Added 2-7-2007 by Ord. No. 2007-01]
(17)Â
Noise from domestic power tools, lawn mowers, and
agricultural equipment when operated between 7:00 a.m. and 8:00 p.m.
on weekdays and between 8:00 a.m. and 8:00 p.m. on weekends and legal
holidays, provided they generate less than 85 dB(A) at or within any
real property line of a residential property;
[Added 2-7-2007 by Ord. No. 2007-01]
(18)Â
Sound from church bells and chimes when part of a
religious observance or service;
[Added 2-7-2007 by Ord. No. 2007-01]
(19)Â
Noise from construction activity, provided all motorized
equipment used in such activity is equipped with functioning mufflers
and operates in accordance with applicable motor vehicle regulations.
[Added 2-7-2007 by Ord. No. 2007-01]
(20)Â
Noise from snow blowers, snow throwers, and snow plows
when operated with a muffler for the purpose of snow removal.
[Added 2-7-2007 by Ord. No. 2007-01]
B.Â
Maximum permissible sound levels.
[Amended 2-7-2007 by Ord. No. 2007-01]
(1)Â
No person shall cause, suffer, allow, or permit the
operation of any sound source in such a manner as to create a sound
level that exceeds the background sound level by at least 10 dB(A)
or by five dB in any octave band during daytime (7:00 a.m. to 9:00
p.m.) hours and by at least five dB(A) or by three dB in any octave
band during nighttime (9:00 p.m. to 7:00 a.m.) hours when measured
at or within the real property line of the receiving property. Such
a sound source would constitute a noise disturbance.
[Added 2-7-2007 by Ord. No. 2007-01]
(a)Â
If the background sound level cannot be determined,
any sound levels above either the dB(A) levels set forth in Table
2 or in any octave band in Table 3 are considered a noise disturbance.
(b)Â
If the sound source in question is a pure tone,
the limits of Table 2 shall be reduced by five dB.
Table 2: Absolute dB(A) Levels
|
Outdoor Sound Levels
|
Residential Outdoor
|
Residential Indoor
|
Commercial or Industrial
| ||
---|---|---|---|---|---|
Source Property
|
7:00 a.m. - 9:00 p.m.
|
9:00 p.m. - 7:00 a.m.
|
24 Hours
|
All Times
| |
Residential
|
55
|
50
|
45
|
65
| |
Commercial
|
65
|
50
|
45
|
65
| |
Industrial
|
65
|
50
|
45
|
65
|
Table 3: Absolute Octave Band Levels
|
Receiving Property
|
Residential
|
Commercial or Industrial
| |||
---|---|---|---|---|---|
Outdoors
|
Indoors
|
Outdoors
| |||
Time
|
7:00 a.m. - 9:00 p.m.
|
9:00 p.m. - 7:00 a.m.
|
24 Hours
|
24 Hours
| |
31.5
|
70
|
65
|
62
|
94
| |
63
|
66
|
61
|
57
|
80
| |
125
|
61
|
56
|
52
|
72
| |
250
|
57
|
52
|
47
|
65
| |
500
|
53
|
48
|
42
|
61
| |
1000
|
48
|
43
|
37
|
58
| |
2000
|
44
|
39
|
32
|
55
| |
4000
|
41
|
36
|
30
|
53
| |
8000
|
41
|
36
|
30
|
51
|
The regulations in this chapter are in addition
to and do not limit other regulations. If there is a conflict between
the regulations in this chapter and any other applicable regulation,
the most restrictive standard shall apply.
Responsibility for enforcement of this chapter
shall rest with the Borough Code Enforcement Office. The Borough Code
Enforcement Officer is authorized to file and prosecute violations
of this chapter in summary proceedings.
A.Â
Any person who violates any provision of this chapter,
upon conviction thereof, shall be sentenced to pay a fine of not more
the $1,000 plus cost of prosecution or such other penalty as may be
authorized and imposed by law and, in default of payment thereof,
to imprisonment for a term not to exceed 30 days. Each day that a
violation of this chapter continues shall constitute a separate offense.
B.Â
Any violation of this chapter shall constitute a public
nuisance and a nuisance in fact.
C.Â
Any violation of this chapter may be subject to injunction
and other equitable remedies.