[HISTORY: Adopted by the Board of Supervisors
of the Township of Pocopson 4-12-2004 by Ord. No. 1-2004; amended in its entirety 8-24-2020 by Ord. No. 5-2020. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any motorized off-road recreational vehicle capable of cross-country
travel on land, snow, ice, marsh, swampland or other natural terrain,
including but not limited to go-carts and multi-track, multi-wheel
or low pressure tire vehicles or similar two-wheel, three-wheel, four-wheel
or belt-driven vehicles, or an amphibious machine. The definition
of ATV excludes golf carts, construction machines, utility vehicles
used for business operations, agriculture, yard work, landscaping,
snow removal or otherwise being used in the reasonable maintenance
of a person's private property, or motorized vehicles being used
for law enforcement, fire, emergency, military or other authorized
governmental purpose.
The operation of heavy construction equipment in construction
or demolition projects.
Any site preparation, assembly, erection, repair, alteration,
remodeling, or similar action, including demolition and removal of
buildings or structures.
Any land use bordering or abutting, whether divided by real
property boundary or by real property boundary and public street.
Any sound which is static, fluctuating or intermittent with
a recurrence greater than one time in any fifteen-second interval.
A unit of sound level which is a division of a logarithmic
scale used to express the ratio of the sound pressure of the source
or the pressure of an arbitrarily chosen reference pressure; the ratio
is expressed on the decibel scale by multiplying its "base 10 logarithm"
by 20.
Any dismantling, destruction, or removal of buildings, structures,
utilities or roadways.
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage which demands immediate
action.
Trucks with three or more axles and earthmoving grading equipment.
Sound of short duration with an abrupt onset and rapid decay
and an occurrence of not more than one time in any fifteen-second
interval. Examples of sources of impulsive sound include explosions
and the discharge of firearms.
The actual real use of land and buildings thereon situated
regardless of the zoning or other classification attributed to such
land and buildings.
New Year's Day, Martin Luther King Day, Presidents'
Day, Memorial Day, Fourth of July, Labor Day, Columbus Day, Veterans'
Day, Thanksgiving and Christmas.
Any sound which annoys or disturbs humans or which causes
or tends to cause an adverse psychological or physiological effect
on humans.
Any sound that can be detected by a person using his or her
unaided hearing facilities.
Any self-propelled airborne, waterborne or land born plane,
vessel or vehicle which is not designed to carry persons, including
but not limited to any model airplane, boat, car or rocket.
Any sound which can be distinctly heard as a single pitch
or set of single pitches. For the purposes of this chapter, a pure
tone shall exist if the 1/3 octave band sound pressure level in the
band with the tone exceeds the arithmetic average of the sound pressure
levels of the two contiguous 1/3 octave bands by five dB for center
frequencies of 500 Hz and above, or by eight dB for center frequencies
between 160 Hz and 400 Hz and by 15 dB for center frequencies less
than or equal to 125Hz.
The land use which is a contiguous land use to the noise
source.
An oscillation in pressure, particle displacement, particle
velocity or other physical parameter in a medium with internal forces
that cause compression and rarefaction of that medium. The description
of sound may include any characteristic of such sound, including duration,
intensity and frequency.
A noise-control device intended to abate or lessen the noise
made by vehicles, equipment or machinery.
The weighted sound pressure level obtained by the use of
a sound level meter and frequency weighting network, such as A, B,
or C as specified in American National Standards Institute specifications
for sound level meters (ANSI S1.4-1983, or the latest approved revision
thereof). If the frequency weighting employed is not indicated, the
A-weighting shall apply.
An instrument which includes a microphone, amplifier, RMS
detector, integrator or time average, output meter and weighting networks
used to measure sound pressure levels. The sound level meter used
for testing purposes in accordance with this chapter shall meet the
current American National Standard Institute specifications (ANSI
S1.4-1983, or the latest approved revision thereof).
The instantaneous difference between the actual pressure
and the average or barometric pressure at a given point in space,
as produced by sound energy.
Twenty times the logarithm to the base 10 of the ratio of
the RMS sound pressure to the reference pressure of 20 micropascals
[20 times (10 to the negative sixth power) times N over (m squared).
The sound pressure level is denoted Lp or SPL and is expressed in
decibels.
A.Â
Specific prohibited acts. The following actions are specifically
prohibited, regardless of the sound level which is emitted, unless
otherwise exempted in this chapter:
(1)Â
No person shall operate or permit the outdoor operation of any tools,
equipment or machinery used for commercial construction, drilling
or demolition, or in the sweeping of parking lots in such a manner
as to be plainly audible across a property line, except between the
hours of 7:00 a.m. and 9:00 p.m., Monday through Friday and from 9:00
a.m. to 5:00 p.m. on Saturdays. It shall be unlawful to operate or
permit the outdoor operation of any tools, equipment or machinery
used for commercial construction, drilling or demolition, or in the
sweeping of parking lots in such a manner as to be plainly audible
across a property line on Sundays and legal holidays as defined in
this chapter.
(2)Â
No person shall load or unload trucks or other motor vehicles or
open, close or otherwise handle boxes, crates, containers, building
materials, garbage cans or other objects in such a manner as to be
plainly audible across a property line, except between the hours of
7:00 a.m. and 9:00 p.m. every day of week, except for municipal waste
haulers who may operate between the hours of 6:00 a.m. and 9:00 p.m.
every day of the week.
(3)Â
No person shall repair, rebuild, or test or otherwise work on any
motorcycle, motor vehicle, motorboat or aircraft outdoors in such
a manner as to be plainly audible across a property line, except between
the hours of 7:00 a.m. and 9:00 p.m. every day of the week.
(4)Â
No person shall operate or permit the operation of any mechanically
powered saw, sander, drill, grinder, lawnmower, garden tool, leaf
blowers, or similar device used outdoors in residential areas in such
a manner as to be plainly audible across a property line except between
the hours of 7:00 a.m. and 9:00 p.m. every day of the week.
(5)Â
No person shall operate go-carts, ATVs, motorcycles or motorbikes
in such a manner as to be plainly audible across a property line except
between the hours of 7:00 a.m. and 9:00 p.m. every day of the week.
All ATVs and dirt bikes operating in the Township shall be equipped
with a muffler or other effective noise suppressing system in working
order and in constant operation. A muffler, noise suppressing system
or exhaust system shall not be equipped with a cutout, bypass or similar
device.
(6)Â
No person shall play radios, musical instruments, sound amplifiers,
loudspeakers or public address systems in such a manner as to be plainly
audible across a property line except between the hours of 7:00 a.m.
and 9:00 p.m. every day of the week.
(7)Â
No person shall operate or permit the operation of a powered model
vehicle in such a manner as to be plainly audible across a property
line except between the hours of 7:00 a.m. and 9:00 p.m. every day
of the week.
B.Â
General performance standards/noise levels.
(1)Â
In those cases not specifically controlled by Subsection A above, no person shall operate or cause to be operated on private or public property any source of continuous sound in such a manner as to create a sound level which exceeds the limits set forth for the receiving land use category in the following table when measured at or within the property boundary of the receiving land use. All measurements shall be made with a sound level meter which is in conformance with the current American National Standard Institute specifications (ANSI S1.4-1983, or the latest approved revision thereof).
(2)Â
Continuous sound levels by receiving land use.
|
Receiving Land Use Category
|
Time
|
Sound Level Limit
(dBA)
|
|---|---|---|
|
Residential, public space, open space
|
7:00 a.m. to 10:00 p.m.
10:00 p.m. to 7:00 a.m.
|
65
60
|
|
Commercial
|
7:00 a.m. to 10:00 p.m.
10:00 p.m. to 7:00 a.m. plus Sundays and legal holidays
|
65
60
|
|
Industrial
|
At all times
|
70
|
(3)Â
Correction for character of sound. For any source of sound which
emits a pure tone, the maximum sound-level limits set forth in the
above table shall be reduced by 5 dBA. For any source of sound which
emits an impulsive sound, the excursions of sound pressure level shall
not exceed 20 dBA over the ambient sound level, regardless of time
of day or night of receiving land use, using the "fast" meter characteristics
of Type II Meter, meeting the ANSI specifications S1.4-1983, or the
latest approved revision thereof.
(4)Â
The maximum permissible sound level as listed in the previous table
shall not apply to any of the following noise sources:
(a)Â
The emission of sound for the purpose of alerting persons to
the existence of an emergency or associated practice drills.
(b)Â
Emergency work to provide electricity, water or other public
utilities when public health or safety is involved.
(c)Â
Usual and customary agricultural activities.
(d)Â
Public celebrations, when specifically authorized by the Township.
(e)Â
The operation of municipal or public works vehicles or equipment.
(f)Â
Motor vehicle operations shall not exceed the noise levels established
in Chapter 157 of Title 67 of the Pennsylvania Code of Regulations,
Subchapter B, Established Sound Levels.
The Township Code Enforcement Officer and state police shall have the power to administer the terms of this chapter, investigate complaints and prosecute violations of this chapter in accordance with § 125-4 of this chapter. When enforcing the terms of this chapter, the Township may retain consultants and engineers with experience in measuring sound levels with the use of sound level meters.
Any person who violates or permits the violation of any provision
of this chapter shall, upon conviction thereof in a summary proceeding
brought before a District Justice under the Pennsylvania Rules of
Criminal Procedure, be guilty of a summary offense, and shall be subject
to the payment of a fine of not less than $100 and not more than $1,000,
plus the costs of prosecution and reasonable attorney's fees.
In default of payment thereof, the defendant may be sentenced to imprisonment
in the county prison for a term of not more than 30 days. Each section
of this chapter violated shall constitute a separate offense, and
each day or portion thereof in which a violation of this chapter is
found to exist shall constitute a separate offense, each of which
violations shall be punishable by a separate fine imposed by the District
Justice. All fines and penalties collected for violation of this chapter
shall be paid to the Township Treasurer.
