[HISTORY: Adopted by the Board of Supervisors of the Township of
Concord 10-2-2001 by Ord. No. 264.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Motor-driven vehicles — See Ch. 190.
[1]
Editor's Note: This ordinance also repealed former Ch. 124, Noise,
adopted 8-3-1981 by Ord. No. 124.
No person or occupant of any real estate shall carry on or permit to
be carried on any practice on his property which unreasonably interferes with
the quiet enjoyment and proper use of any property by the property owner or
occupant of such property, or which creates or results in a hazard or a nuisance
on the property, and any such practice is hereby declared to be a noise disturbance
and unlawful.
Without intending to limit or restrict the generality of the above definition of and prohibition against unlawful conduct, the following acts and the causing thereof are declared to be a noise disturbance and in violation of this Chapter 124:
A.
Operating, playing or permitting the operation or playing
of any radio, television, phonograph, drum, musical instrument, sound amplifier,
automobile radio, automobile stereo, or any high-fidelity equipment or similar
device which produces, reproduces or amplifies sound:
(1)
At any time in such manner as to cause a noise disturbance
across a property boundary line or between the hours of 9:00 p.m. and 7:00
a.m., so as to be plainly audible across a property boundary line;
(2)
In such a manner as to create a noise disturbance across
a property boundary line or at 50 feet from such device, whichever is less,
when the device is operated in or on a motor vehicle or hand carried on a
public right-of-way or public space; or
(3)
In such a manner and at a time which is generally considered
to be inappropriate and which unnecessarily disturbs the peace and quiet of
the immediate neighborhood.
B.
Engaging in or permitting others to engage in building
and construction activities in a residential zoning district, or in areas
adjacent to any residential zoning district, or within 1,000 feet of any residential
zoning district between the hours of 9:00 p.m. prevailing time and 7:00 a.m.
prevailing time the following day, on weekdays and Saturdays or at any time
on Sundays or legal holidays, such that the sound and/or vibration therefrom
causes a noise disturbance across a residential property boundary line. As
used herein "building and construction activities" shall include the erection,
repair, renovation, demolition or removal of any building or structure, and
the excavation, filling, grading and site work of lots in connection therewith.
C.
Loading, opening, closing or other handling of boxes,
crates, containers, building materials, garbage cans or similar objects between
the hours of 9:00 p.m. and 7:00 a.m. the following day in such a manner as
to cause a noise disturbance across a residential property boundary line.
This subsection shall not apply to municipal or utility services in or about
the public right-of-way.
D.
Using or exploding any fireworks, as that term is defined
in the Act of Assembly approved May 15, 1939, P. L. 134,[1] its amendments and supplements, unless a permit shall first have
been obtained as therein provided, or the discharge of any firearms in such
a manner as to endanger the lives of persons or property within the Township.
[1]
Editor's Note: See 35 P.S. § 1271 et seq.
E.
For any person, firm or corporation to play, use or operate,
for any purpose whatsoever, on or upon a public street or thoroughfare in
the Township, any device known as a "sound truck," "loudspeaker" or "sound
amplifier" or radio or phonograph with a loudspeaker or sound amplifier or
any other instrument known as a "calliope" or any instrument of any kind or
character which emits therefrom loud and raucous noises and is attached to
any vehicle operated or standing upon the streets or public places aforementioned.
F.
Operating or permitting the operation of any off-the-road
vehicle, including any all-terrain vehicle, dirt bike, and/or snowmobile in
areas adjacent to residential districts or within 1,000 feet of any residential
district between the hours of 9:00 p.m. and 7:00 a.m. of the following day
on weekdays and Saturdays or at any time on Sundays or legal holidays, such
that the sound therefrom creates a noise disturbance across a residential
property boundary line.
The following conduct and the sounds produced therefrom are exempted
from the provisions of this chapter:
A.
Blasting under permit obtained from the Township Fire
Marshal. Such blasting may occur only between the hours of 9:00 a.m. and 4:00
p.m., Monday through Friday, unless specifically authorized by permit.
B.
Sounds caused by the performance of emergency work or
by the ordinary and accepted use of emergency apparatus and equipment.
C.
Sounds resulting from the repair or replacement of any
municipal or utility installation in or about the public right-of-way or all
municipal collections.
D.
Sounds, not electronically amplified, created by organized
school- or church-related programs, activities and athletic and entertainment
events or other public programs, activities or events, other than motor vehicle
racing events, provided that such activities do not occur between the hours
of 9:00 p.m. and 7:00 a.m.
E.
Sounds made by warning devices operating continuously
for three minutes or less, except that in the event of an actual emergency
the time limitation shall not apply.
F.
Agricultural equipment used in the course of farming;
power mowers, garden tractors and/or snowblowers when such operation of the
same is incidental to home, lawn or garden work or maintenance; or the ringing
of church bells or church chimes.
A.
Any person who shall violate any provision of this chapter
or who permits the violation of any provision of this chapter shall pay a
fine of $600.
B.
Each violation for each separate day and each violation
of any provision of this chapter shall constitute a separate and distinct
violation.
C.
Any person who violates or permits the violation of any
provision of this chapter shall, upon being found liable therefor in a civil
enforcement proceeding commenced by Concord Township, pay the fine prescribed
by this chapter, plus all court costs, including reasonable attorney fees,
incurred by Concord Township.
D.
Enforcement of this chapter shall be the responsibility of the Township Code Enforcement Officer, Engineer, Manager, Zoning Officer, Building Inspector, Plumbing Inspector or Fire Marshal, as appropriate, who shall follow the enforcement procedure set forth in Chapter 1, General Provisions, Article II, Violations and Penalties.
