[Added 5-22-2006 by Ord. No. 2006-5]
A.Â
Intent.
(1)Â
To require and set standards for noise levels
caused by various land uses in places where public health, safety
and welfare are potential concerns. The noise ordinance shall protect
the public from undue discomfort and hardship caused by loud noises
emanating from land uses within the Borough of Chambersburg ("Chambersburg").
(2)Â
The enforcement of this section is intended
to be primarily, but not solely, on a complaint basis.
B.Â
Applicability. Except where specifically exempted
by other jurisdictions, the requirements herein apply to the control
of all sound originating within the limits of Chambersburg.
C.Â
AMBIENT SOUND LEVEL
CYCLICALLY VARYING NOISE
DECIBEL
DEVICE
EMERGENCY WORK
EMERGENCY VEHICLE
IMPULSIVE NOISE
MOTOR VEHICLE
NOISE
PLAINLY AUDIBLE NOISE
PURE TONE
SOUND
SOUND LEVEL
SOUND LEVEL METER
SOUND PRESSURE
STATIONARY NOISE SOURCE
Definitions. All terminology used in this chapter
and not defined below shall be in conformance with applicable publications
of the American National Standards Institute (ANSI) or its successor
body. As used in this chapter, the following terms shall have the
meanings indicated herein:
The composite or normal or existing sound from all sources
measured at a given location for a specific time of the day or night.
Steady, fluctuating or impulsive noise which may or may not
contain a pure tone and which varies in sound pressure level such
that the same level is obtained repetitively at reasonably uniform
intervals of time.
The logarithmic and dimensionless unit of measurement often
used in describing the loudness of sound. Decibel is denoted as dB.
Any mechanism which is intended to produce, or which actually
produces, noise when operated or handled.
Work made necessary to restore property to a safe condition
following a public calamity, or work required to protect persons or
property from an imminent exposure to danger.
A motor vehicle used in response to a public calamity, or
to protect persons or property from an imminent exposure to danger.
A noise characterized by brief excursions of sound pressure
whose peak levels exceed the ambience by 10dB. The duration of a single
impulse is usually less than one second and requires the use of a
sound level meter specially adapted for its measurement. Examples
of impulsive sound include but are not limited to gun shots, blasting
and hammering.
Any vehicle which is self-propelled by mechanical power,
or propelled by human power or electric power from overhead wires
or electrified rails, including, but not limited to, passenger cars,
trucks, trucktrailers, trains, semi-trailers, campers, motorcycles,
minibikes, go-carts, snowmobiles and racing vehicles.
Any sound which annoys or disturbs humans or which causes
or tends to cause an adverse psychological or physiological effect
on human, or which endangers personal or real property.
Any noise for which the information content of that noise
is unambiguously transferred to the listener, such as, but not limited
to, understanding of spoken speech, comprehension of whether a voice
is raised or normal, or comprehension of musical rhythms.
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.
A temporal and spatial oscillation in pressure, or other
physical quantity, in a medium with internal forces that causes compression
and rarefaction of that medium, and which propagates at finite speed
to distant points. The description of sound may include any characteristic
of such sound, including duration, intensity and frequency.
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.4-1983), or the latest approved revision
thereof. If the frequency weighting employed is not indicated, the
A-weighting shall apply (dBA).
An instrument, including a microphone, amplifier, RMS detector
and integrator, time averager, output meter and/or visual display
and weighting networks, that is sensitive to pressure fluctuations.
The instrument reads sound pressure level when properly calibrated.
The sound level meter used for testing purposes in accordance with
this chapter shall meet the current American National Standard Institute
specifications.
The instantaneous difference between the actual pressure
and the average or barometric pressure at a given point in space due
to sound.
Any device, fixed or movable, which is located or is being
used on geographically defined real property other than a public right-of-way.
D.Â
Performance noise standards.
(1)Â
It shall be unlawful for any person to operate
or permit to be operated any stationary noise source in such a manner
as to create a sound pressure level which exceeds the limits set forth
for the receiving land use in the following table when measured at
the property boundary. All measurements shall be made with a sound
level meter which is in conformance with the American National Standards
Institute (ANSI) specifications. The minimum time period for measuring
the stationary source of noise shall be five minutes, and where practicable,
the microphone of the sound level meter shall be positioned 5Â 1/2
feet above the ground level and pointing in the direction of the noise
source.
Maximum Continuous Sound Levels by Receiving
Zoning District
| |||
---|---|---|---|
Receiving Zoning District Category
|
Time
|
Maximum dBA
| |
Residential (LDR and MDR)
|
6:00 a.m. - 10:00 p.m.
|
55
| |
10:00 p.m. - 6:00 a.m., plus Sundays and legal
holidays
|
45
| ||
Distributed Commercial, Central
|
6:00 a.m. - 10:00 p.m.
|
67
| |
Core or Professional Office
|
10:00 p.m. - 6:00 a.m., plus Sundays and legal
holidays
|
62
| |
Manufacturing Districts
|
At all times
|
77
|
(2)Â
Correction for character of sound. For any stationary
source of sound which emits a pure tone, a cyclically varying noise
or repetitive impulse noise, the maximum sound-level limits set forth
in the above table shall be reduced by five 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 pressure level,
regardless of the time of day or night or receiving land use, using
the fast meter characteristic of a Type II meter, meeting ANSI Specification
SI.4-1983.
E.Â
Exemptions. The following uses and activities shall
be exempt from the noise regulations of this article:
(1)Â
Noise of safety signals, warning devices, emergency
pressure relief valves, or other sound needed to alert people about
an emergency.
(2)Â
Noise resulting from any authorized emergency
vehicle when responding to an emergency call or from any source acting
in time of emergency.
(3)Â
Noise resulting from emergency work.
(4)Â
Construction and maintenance operations that
comply with the Code.
(5)Â
Noise resulting from public festivals, celebrations,
lawful fireworks, and noise-makers, when permitted by the Borough
or used for celebration of an official holiday authorized by the Borough,
commonwealth, or federal government.
(6)Â
Unamplified human voices between the hours of
7:00 a.m. and 9:00 p.m.
(7)Â
Routine and customary ringing of bells and chimes.
(8)Â
Noise resulting from any athletic, recreational,
or other such outdoor activity from an official Borough, school district,
private school or other organized league recognized by the Borough
Recreation Department Superintendent.
(9)Â
Operation of a snow plow, snow removal equipment,
sanitation truck (including container collection), street sweeper
and tree trimming equipment for utility purposes under a Borough contract.
(10)Â
Blasting, only if performed in accordance with
a permit issued by the Pennsylvania Department of Environmental Protection,
the Borough or any other governmental agency having jurisdiction.
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.
(11)Â
Any train or aircraft operating pursuant to
commonwealth or federal regulations.
(12)Â
Noise resulting from the operation of a snow
blower or snow plow on private property.
(13)Â
Noise resulting from the operation of an air
conditioner, heater, or other ventilation device operating under normal
circumstances.
F.Â
Administration and enforcement additional provisions. In addition to the administration and enforcement provisions of Article XVII of Chapter 300, the following additional provisions shall be applicable:
(1)Â
The Borough Zoning Enforcement Officer shall have the power to administer the terms of § 300-164, to investigate complaints and prosecute violations of this chapter.
(2)Â
When enforcing the terms of this chapter, the
Zoning Enforcement Officer may engage consultants and engineers with
experience in measuring sound levels with the use of sound level meters
with the consent of the Borough Manager.
(3)Â
For a first offense of the noise performance standard there shall be a written warning. A second offense shall be result in a penalty of $100. A third or subsequent offense shall result in a penalty of $500. All the other provisions of § 300-102 shall also be in effect (subject to the limit on the penalty).
(4)Â
As to any second or subsequent offense, there
shall be added (to the penalty and the reasonable attorney fees for
enforcing the article), the reasonable cost of the Borough to engage
consultants or engineers to establish the evidence and enforcement
required for the second offense or subsequent offense.
G.Â
Permits.
(1)Â
The Zoning Enforcement Officer, upon application from any person, shall have the authority to grant permits for the operation or causation of sound in excess of the maximum permissible sound levels by receiving land use established in Subsection D if the following conditions are met to the satisfaction of the Zoning Enforcement Officer:
(a)Â
The operation or causation of such sound, under
the circumstances, will not severely jeopardize the health, welfare
or safety of the citizens of the Borough.
(b)Â
The denial of such a permit will impose excess
hardship on the applicant, the community or other persons.
(c)Â
The operation will not have an unreasonable
adverse effect on a contiguous land use.
(2)Â
The Zoning Enforcement Officer shall have the
right and authority to impose reasonable conditions and restrictions
upon any applicant for a permit in order that the policy of this chapter
be implemented.