This chapter shall be known as the "West Brandywine Township
Noise Ordinance."
A.
The purpose of the chapter is to protect real property owners from
noise emanating from adjoining or nearby properties which causes an
unreasonable and substantial interference with the legitimate use
and enjoyment of their property. The Board of Supervisors recognizes
that uncontrolled noise represents a danger to the health and welfare
of the Township residents and that each person in the community is
entitled to live in an environment in which the level of noise is
minimized for the community good.
B.
To achieve the intent and purpose of the Board of Supervisors, this chapter regulates noise in three manners: (1) through an objective, reasonable person standard of annoyance (as set forth in § 119-5); (2) through per se prohibitions on certain types of noise known to cause annoyance (as set forth in § 119-6); and (3) through maximum sound levels (as set forth in § 119-7). Noncompliance with any one of these three methods of noise control constitutes a violation of this chapter subject to the penalties provided herein.
Unless specifically defined below, words and phrases used in
this chapter shall be interpreted so as to give this chapter its most
reasonable application. The following is a list of defined terms to
apply to this chapter.
The all-encompassing noise associated with a given environment,
being usually a composite of sounds from many sources near and afar.
The operation of heavy construction equipment in construction
or demolition projects. Work intended to benefit or advance a commercial
use or to which a person derives an economic interest.
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
for a duration of greater than 15 minutes.
A numerical expression of the relative loudness of a sound.
Any dismantling, destruction, or removal of buildings, structures
or roadways.
Trucks with three or more axles, 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 for a duration of greater than 15 minutes.
The actual use of land and buildings thereon situated regardless
of the zoning or other classification attributed to such land and
buildings.
A vehicle which is self-propelled except for one which is
propelled solely by human power.
Any sound which annoys or disturbs humans or which causes
or tends to cause an adverse psychological or physiological effect
on humans, excepting any law enforcement activity including, but not
limited to, training sessions.
Any sound, excepting any law enforcement activity, including
but not limited to training sessions, which:
Any sound that can be detected by a person using his or her
unaided hearing faculties.
Any sound which can be distinctly heard as a single pitch
or a 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, by eight dB for center frequencies
between 160 Hz and 400 Hz and by 15 dB for center frequencies less
than or equal to 125 Hz.
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 causes 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 SI.4- 1971, 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 averager, 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.
The West Brandywine Township Police and Code Enforcement Officers shall have the power to administer the terms of this chapter, investigate complaints and prosecute violations of this chapter in accordance with § 1-16 of the Township Code and § 119-9 herein. When enforcing the terms of this chapter, the Police and Code Enforcement Officers may retain consultants and engineers with experience in measuring sound levels with the use of sound level meters. Enforcement actions related to or based upon verbal or written complaints of violations of the terms of this chapter shall require the complainant to be subpoenaed to testify at a Magisterial District Court to substantiate the complaint.
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.
The following actions are specifically prohibited regardless
of the sound level which is emitted, unless otherwise exempted in
this chapter:
A.
No person shall operate, play or permit the operation or playing
of any radio, television, phonograph, drum, musical instrument, cassette
player, sound amplifier or similar device which produces, reproduces
or amplifies sound in such a manner as to be plainly audible sound
across a property line, except between the hours of 6:00 a.m. until
10:00 p.m. every day of the week.
B.
No person shall operate or permit the outdoor operation of any tools,
equipment or machinery for purposes of commercial construction, drilling
or demolition, in such a manner as to be plainly audible across a
property line except between the hours of 6:00 a.m. until 9:00 p.m.
Monday through Friday and from 6:00 a.m. to 9:00 p.m. on Saturdays
and Sundays.
C.
No person shall operate or permit the outdoor operation of any powered
tool, equipment or machinery (including but not limited to electrically
powered saw, drill, sander, grinder, lawn or garden tool) in such
a manner as to be plainly audible sound across a property line (boundary)
except between the hours of 6:00 a.m. until 9:00 p.m. every day of
the week.
D.
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
6:00 a.m. until 9:00 p.m. every day of the week, except that municipal
trash trucks may operate between the hours of 6:00 a.m. until 9:00
p.m. every day of the week.
E.
No person owning, possessing, harboring or controlling any animal
or bird shall allow the howling, barking, meowing, squawking continuously
for a period of 15 minutes or longer and/or intermittently for a period
of 30 minutes or longer 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.
F.
No person shall remove or render inoperative a sound dissipative
device from motor vehicles, equipment or machinery, other than for
purposes of maintenance, repair or replacement when such motor vehicle,
equipment or machinery is not in use; intentionally move or render
inaccurate or inoperative any sound-monitoring instrument or other
device positioned by or for the Township or other governmental entity
or agent thereof; or use any motor vehicle, equipment or machinery
which has had a sound dissipative device or any part thereof removed
or rendered inoperative.
G.
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 6:00 a.m. until 9:00 p.m. every day of the week.
H.
Except for emergencies, no person shall intentionally sound or permit
the sounding outdoors of any fire, burglar or civil defense alarm
or any similar stationary emergency signaling device intended for
public notification.
I.
No person shall discharge firearms creating plainly audible sound
across a property line except between the hours of 7:00 a.m. until
sunset every day of the week and for not more than a duration of greater
than 30 minutes within a two-hour allotted time period, unless the
activity is within parameters regulated and enforced by the Pennsylvania
Game Commission.
J.
No person shall discharge fireworks creating plainly audible sound
across a property line. This prohibition excludes firework events
that are properly permitted.
A.
No person shall operate or cause to be operated any source of 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 line or boundary of the receiving
land use. All measurements shall be made with a sound level meter
which is in conformance with American Standards Association specifications.
Any sound source that produces sound in excess of those levels shall
constitute a noise disturbance.
|
Table 1
| ||
|---|---|---|
|
Land Use of the Property on which the Source of the Noise is
Received
|
Sound Level Limit
(dBA)
| |
|
7:00 a.m. to 10:00 p.m.
|
10:00 p.m. to 7:00 a.m.
| |
|
Residential*
|
70 dBA
|
65 dBA
|
|
Commercial**
|
75 dBA
|
70 dBA
|
|
Industrial***
|
75 dBA
|
70 dBA
|
|
Agricultural****
|
70 dBA
|
65 dBA
|
|
NOTES:
| |
|
*
|
Consisting of the R-2, R-3 and R-4 Zoning Districts.
|
|
**
|
Consisting of the RM and MSI Zoning Districts.
|
|
***
|
Consisting of the L-1 and L-2 Zoning Districts.
|
|
****
|
Consisting of the R-1 Zoning District.
|
B.
When exceeded. The sound level limits set forth in Table 1 shall
be exceeded when any one or more of the following occur:
(1)
The sound at any one point in time exceeds the established zone limits
in Table 1 by a measured sound level of 15 dB(A); or
(2)
The sound exceeds any of the established zone limits in Table 1 by
a measured sound level of 10 dB(A) for a cumulative total of one minute
or more out of any ten-minute period; or
(3)
The sound exceeds, except in the Industrial District, any of the
established zone limits in Table 1 by a measured sound level of three
dB(A) continually for a period of five minutes, or total of five minutes
out of any ten-minute period.
C.
Ambient sound. If background ambient sound levels in an area of suspected
noise disturbance exceed the levels set forth in Table 1, then the
sound level of the intrusive sound source shall be measured with the
ambient sound level being substituted as the sound level limit set
forth in Table 1.
D.
Where measured. For the purposes of this section, sound shall be
measured at or beyond the property line (boundary) of the property
on which the noise source is located.
E.
Pure tone and impulsive sound. For any source of sound which emits
a pure tone or impulsive sound, the level set forth in Table 1 shall
be reduced by five dB(A).
F.
Measuring instruments. All sound measurements shall be made on a
sound level meter calibrated in the manner required by the manufacturer's
specification.
The following noises are exempted from the provisions set forth in § 119-5, 119-6 or 119-7 of this chapter:
A.
Blasting, only if performed in accordance with a permit issued by
the Pennsylvania Department of Environmental Protection. Such blasting
may occur only between the hours of 7:00 a.m. and 5:00 p.m., Monday
through Friday, unless specifically authorized at different times
by the DEP permit.
B.
Alarms or other devices used for the purpose of alerting people to
the existence of an actual emergency or devices such as a horn or
siren installed in a motor vehicle and used to warn persons of an
imminent danger.
C.
Emergency work to provide electricity, water or other public utilities
or restore essential public services, including construction activities
directly related to the abatement of an emergency.
D.
Authorized emergency vehicles responding to an emergency.
E.
A snow plow, snow blower or other similar device in operation used
to remove snow or ice.
F.
Work or activities performed or sponsored by schools and governmental
agencies or their contractors in the performance of public service.
G.
Noises made by bells, chimes, carillons used for religious purposes
or in conjunction with national celebrations or public holidays; existing
bells, chimes and carillons and clock strike mechanisms that are currently
in use for any purpose.
H.
Motor vehicle operations shall not exceed the noise levels established
in Chapter 450 of Title 67 of the Pennsylvania Code of Regulations,
Subchapter B, Established Sound Levels.
I.
Public celebrations specifically authorized by the Township Board
of Supervisors.
J.
Agriculture-related procedures.
K.
Property maintenance equipment with properly maintained factory exhaust
systems (i.e., lawn maintenance equipment).
L.
Emergency generators whether in test mode or operational mode.
