[HISTORY: Adopted by the Borough Council
of the Borough of Silverdale 6-1-1987 by Ord. No. 191. Amendments noted where
applicable.]
GENERAL REFERENCES
Animals — See Ch. 105.
This chapter may be known and cited as the “Silverdale
Noise Ordinance.”
A.
The following acts and the causes thereof are prohibited
and declared to be in violation of this chapter:
(1)
Operating, playing, or permitting the operation or
playing of any radio, television, phonograph, sound amplifier, musical
instrument, or other such device in such a manner as to create a noise
disturbance across a real property boundary line.
(2)
Owning, possessing, or harboring any animal which
frequently or for any continued duration howls, barks, or makes any
other sound so as to create a noise disturbance across any real property
boundary line.
(3)
Performing any construction operation or operating
or permitting the operation of any tools or equipment used in construction,
drilling or demolition work between the hours of 10:00 p.m. and 7:00
a.m. or at any time on Sundays or holidays if such operation creates
a noise disturbance across a real property boundary line. This subsection
does not apply to domestic power tools or to vehicles which are designed
for transportation use on public highways.
(4)
Repairing, rebuilding, modifying, testing or operating
a motor vehicle, motorcycle, recreational vehicle or powered model
vehicle in such a manner as to cause a noise disturbance across a
real property boundary line.
(5)
Operating or permitting the operation of any mechanically
powered saw, drill, sander, grinder, lawn or garden tool, snowblower
or similar device (used outdoors) between the hours of 10:00 p.m.
and 7:00 a.m. so as to cause a noise disturbance across a real property
boundary line.
(6)
Any other activity causing a noise disturbance across
a real property boundary line.
B.
For purposes of this chapter, a "noise disturbance"
is defined as any sound which:[1]
(1)
Endangers or injures the safety or health of humans
or animals;
(2)
Endangers or injures personal or real property;
(3)
Annoys or disturbs a reasonable person of normal sensitivities;
or
(4)
Creates a sound level which exceeds the limits set forth for the receiving land use, when measured at or beyond the property boundary of the receiving land use, during the time specified in the following table; provided, however, that for any source of sound which emits an impulsive sound, the excursions of sound pressure level shall not exceed 20 dBA over the maximum sound level limits set forth in the following table, and in no case shall they exceed 80 dBA, regardless of the time of day or night or receiving land use, using the "fast" meter characteristic of a Type II meter meeting the American National Standard Institute Specification S1.4-1971, and as set forth in Chapter 340, Zoning, §340-50, Noise:
|
Receiving Land Use Category
|
Time
|
Sound Level Limit
(dBA)
| |
|---|---|---|---|
|
Industrial
|
At all times
|
70
| |
|
Commercial or business
|
7:00 a.m. to 10:00 p.m.
|
65
| |
|
10:00 p.m. to 7:00 a.m. and
Sundays and holidays
|
60
| ||
|
All other
|
7:00 a.m. to 10:00 p.m.
|
55
| |
|
10:00 p.m. to 7:00 a.m. and
Sundays and holidays
|
50
|
C.
Technical terminology used in this chapter shall be
defined in accordance with applicable publications of the American
National Standard Institute [Acoustical Terminology, ANSI, S1. 1-1960
(R1971)], with its latest approved revisions, which are incorporated
herein by reference and made a part hereof. For the purpose of measuring
sound in accordance with the provisions of this chapter, test equipment
methods and procedures shall conform to the standards as published
by the American National Standard Institute (ANSI, Standard Specification
for Sound Level Meters, S1. 4-1971 and ANSI S1. 13-1971, Standard
Methods for the Measurement of Sound Pressure Levels), with its latest
revisions, which are incorporated herein by reference and made a part
hereof.
The provisions of this chapter shall not apply
to:
A.
The emission of sound for the purpose of alerting
persons to the existence of an emergency.
B.
The emission of sound in the performance of municipal
service operations or activities.
C.
Motor vehicle operations covered in Pennsylvania Department
of Transportation Regulations, Title 67 of the Pennsylvania Code,
Chapter 450, effective August 27, 1977, as amended.
D.
Public celebrations specifically authorized by the
Borough.
F.
The unamplified human voice.
Nothing in this chapter shall be construed as limiting or affecting the enforcement of any provisions of Chapter 340, Zoning, or of the Pennsylvania Crimes Code or any similar or successor ordinances or statutes, provided that violators of this chapter prosecuted by the responsible authorities under provisions of any statute or ordinance defining criminal conduct shall not also be prosecuted or fined hereunder. Nothing in this chapter shall be construed as establishing or defining standards for the determination of whether a common law nuisance exists, nor shall this chapter prevent the Borough or any resident of the Borough from bringing a common law nuisance action to prevent or stop vexatious conduct constituting a nuisance under principles of law. Conduct not specifically proscribed hereunder shall not be deemed to be approved or made acceptable by or within the Borough.
Any person, partnership or corporation who shall
violate any provision of this chapter shall, upon conviction thereof,
be sentenced to pay a fine of not more than $600, and costs of prosecution.
In default of payment of such fine and costs, such person, the members
of such partnership or the officers of such corporation shall undergo
imprisonment for not more than 30 days, provided that each violation
of any provision of this chapter, and each day the same is continued,
shall be deemed a separate offense. All fines shall be paid to the
Borough.
