[HISTORY: Adopted by the Board of Supervisors
of the Township of East Hempfield as indicated in article histories.
Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 270.
[Adopted 12-6-2000 by Ord. No. 00-04]
Uncontrolled or excessive noise from animals
is detrimental to the physical, mental and social well-being of the
residents of East Hempfield Township. Uncontrolled, and particularly
incessant, barking of dogs or the making of noises from other animals
can result in stress to people who are within audible range of the
noise. Such stress can and does adversely affect the health of such
individuals and interferes with the peaceable enjoyment of the property
on which they reside. The purpose of this article, adopted under Sections
1506, 1529 and 1530 of the Second Class Township Code, is to promote
the public health, safety and welfare by making it unlawful to permit
an animal to create such an offensive situation by barking or otherwise
creating detrimental noise.
It shall be illegal within the Township for
any person to own, possess or control any animal which makes any noise
continuously or repeatedly for a period of at least 15 minutes during
the hours of 7:00 a.m. to 10:00 p.m. daily or continuously or repeatedly
for a period of at least five minutes during the hours of 10:00 p.m.
to 7:00 a.m. daily, regardless of whether the animal is physically
situated in or upon private property. Such noise shall be considered
a nuisance and shall be illegal, provided that none of the exceptions
which follow apply.
The following shall not be considered illegal
under this article:
A.
Noise made by farm animals located on farms which
constitute agricultural operations protected from nuisance suits by
the Right to Farm Law[1] or any similar legislation now in force or hereinafter
enacted to protect farm operations from legal actions which have the
effect of restricting lawful agricultural operations.
[1]
Editor's Note: See 3 P.S. § 951 et seq.
B.
Barking or other noises made by dogs or other animals
in response to a person who is trespassing upon private property in
or upon which the animal is lawfully situated or if the noise is made
in response to an unlawful physical assault upon the dog or other
animal or upon a person lawfully on the property on which the dog
or other animal is situated. By way of illustration, but not limitation,
this exception does not apply to noises made in response to a person
walking, running or being present on a sidewalk intended for the public
or within the public right-of-way of any road regardless of whether
the animal may perceive the presence of such person as being intrusive
or alarming.
C.
Barking or other noises made by dogs or other animals
located in a kennel, veterinarian's office or other similar lawful
place of business, provided that the operator of the facility has
adopted and implemented reasonable policies to avoid adverse impacts
to the occupants of neighboring properties, such as, by way of illustration
but not limitation, installing or constructing buffers between the
location of the animals and affected neighboring properties, the placement
of loud animals indoors or the refusal to accept, on other than an
emergency basis, animals which have previously created noise problems
for the operator.
Any person, firm or corporation who shall violate
any provision of this article, upon conviction thereof in an action
brought before a Magisterial District Judge in the manner provided
for the enforcement of summary offenses under the Pennsylvania Rules
of Criminal Procedure, shall be sentenced to pay a fine of not more
than $1,000 plus costs and, in default of payment of said fine and
costs, to a term of imprisonment not to exceed 90 days. Each day that
a violation of this article continues or each section of this article
which shall be found to have been violated shall constitute a separate
offense.
The provisions of this article shall be enforced
by any Township official appointed from time to time by resolution
by the Board of Supervisors or by any police officer having authority
within East Hempfield Township.
[Adopted 7-18-2007 by Ord. No. 2007-02]
Excessive levels of sound are detrimental to
the physical, mental and social well-being of residents as well as
to their comfort, living conditions, general welfare and safety and
are therefore a public health and welfare hazard. The purpose of this
article is to prevent excessive levels of sound that may be a public
health and welfare hazard.
As used in this article, the following terms
shall have the meanings indicated:
The all-encompassing noise associated with a given environment,
being usually a composite of sounds from many sources both near and
far.
The erection, repair, renovation, demolition or removal of
any building or structure and the excavation, filling, grading and
regulation of lots in connection therewith.
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage.
Any work performed for the purpose of preventing or alleviating
the physical trauma or property damage threatened or caused by an
emergency.
A sound of short duration, usually less than one second,
with an abrupt onset and rapid decay. Examples of impulsive sound
include, but are not limited to, explosions, drop force impacts and
the discharge of firearms.
A vehicle which is self-propelled, except one which is propelled
solely by human power or by electric power obtained from overhead
trolley wires, but not operated upon rails.
A device designed or used for decreasing or abating the level
of sound escaping from an engine or machinery system.
Any sound which annoys or disturbs humans or which causes
or tends to cause an adverse psychological or physiological effect
on humans.
Any sound which:
Any individual, association, partnership or corporation,
and includes any officer, employee, department, agency or instrumentality
of a state or any political subdivision of a state. Whenever used
in any clause prescribing and imposing a penalty, "person" includes
the individual members, partners, officers and managers, or any of
them, of partnerships and associations and, as for corporations, the
officers and managers thereof, or any of them.
An imaginary line drawn through the points of contact of
adjoining lands, apartments, condominiums, townhouses and duplexes
owned, rented or leased by different persons; a demarcation or a line
of separation of real properties; and also, for any two or more buildings
sharing common grounds, the line drawn midway between any two such
buildings. All areas devoted to public rights-of-way shall be deemed
to be across the property boundary. For the purpose of this definition,
the property line includes all points on a plane formed by projecting
the property boundary in a manner deemed appropriate by the enforcing
police officer.
Any street, avenue, boulevard, highway, sidewalk, alley or
similar place which is owned or controlled by a governmental entity.
Any real property or structures thereon which are owned or
controlled by a governmental entity.
All land, whether publicly or privately owned, whether improved
or not improved, with or without structures, exclusive of any areas
devoted to public rights-of-way.
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, or the superposition
of such propagated oscillation which evokes an auditory sensation.
The description of sound may include any characteristics of such sound,
including duration, intensity and frequency.
Every device in, upon or by which any person or property
is or may be transported or drawn upon a highway, except devices used
exclusively upon rails or tracks.
The land use districts established by the East Hempfield
Township Zoning Ordinance of 1994, as amended.[1]
[1]
Editor's Note: See Ch. 255, Zoning.
A.
Noise disturbance prohibited. No person shall unreasonably
make, cause to be made, or cause to be continued any noise disturbance
except noncommercial public speaking or public assembly activities
conducted on any public space or public right-of-way.
B.
Specific prohibitions. The following acts and the
causing thereof are declared to be noise disturbances and therefore
in violation of this article.
(1)
Radios, televisions, musical instruments, sound amplifiers
and similar devices. Operating, playing or permitting the operation
or playing of any radio, television, audio equipment, drum, musical
instrument, sound amplifier, automobile radio, automobile stereo,
high-fidelity equipment or similar device which produces, reproduces
or amplifies sound:
(a)
At any time in such a manner as to cause a noise
disturbance across a property boundary or between the hours of 9:00
p.m. and 6:00 a.m. so as to be plainly audible across a property boundary;
(b)
In such a manner as to cause a noise disturbance
across a property boundary, 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
(c)
In such a manner as to create a noise disturbance
to any person other than the operator of the device when operated
by a passenger or a common carrier.
(3)
Construction. Operating or permitting the operation
of any tools or equipment used in construction operations, drilling
or demolition work between the hours of 9:00 p.m. and 6:00 a.m. 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, except for emergency work or scheduled
road work which is scheduled so as to minimize interference with normal
traffic patterns.
(4)
Domestic power tools. Operating or permitting the
operation of any mechanically powered saw, drill, sander, grinder,
lawn or garden tool, leafblower or similar device used outdoors between
the hours of 9:00 p.m. and 6:00 a.m. so as to cause a noise disturbance
across a residential property boundary. Nothing in this subsection
shall be construed to prohibit, restrict, penalize, enjoin or in any
manner regulate farming operations that are in all respects conducted
in accordance with or pursuant to applicable local, state and federal
laws or regulations.
(5)
Loading and unloading. Loading, unloading, 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
6:00 a.m. in such a manner as to cause a noise disturbance across
a residential property boundary. This section shall not apply to municipal
or utility services in or about the public right-of-way, nor shall
it apply to any property located in the commercial or industrial zoning
districts.
(6)
Powered model vehicles. Operating or permitting the
operation of powered model vehicles so as to create a noise disturbance
across a residential property boundary between the hours of 9:00 p.m.
and 6:00 a.m.
(7)
Street sales. Offering for sale or selling by shouting
or outcry or by any other amplified sound within any residential or
commercial zoning district between the hours of 9:00 p.m. and 6:00
a.m.
(8)
Tampering. The following acts or the causing thereof
are prohibited:
(a)
The removal or rendering inoperative by any
person other than for purposes of maintenance, repair or replacement
of any muffler or sound-dissipative device or element of design or
noise label of any product;
(b)
The intentional moving or rendering inaccurate
or inoperative of any sound monitoring system or device position by
or for the Township Police Department, provided that such device or
the immediate area is clearly labeled in accordance with noise control
regulations to warn of the potential illegality; and
(c)
The use of a product which has had a muffler
or sound-dissipative device or element of design altered or noise
label removed or rendered inoperative, with knowledge that such action
has occurred.
(9)
Vehicle, motorboat or aircraft repairs and testing.
Repairing, rebuilding or testing any motor vehicle, motorcycle, motorboat
or aircraft in such a manner as to cause a noise disturbance across
a residential property boundary.
(10)
The audible sounding of any burglar alarm in
excess of 15 minutes in a residential zoning district or 30 minutes
in any commercial or industrial zoning district.
C.
Motor vehicle prohibitions.
(1)
Standing motor vehicles. No person shall operate or
permit the operation of any motor vehicle or any auxiliary equipment
attached to such a vehicle for a period longer than 15 minutes in
an hour while the vehicle is stationary for reasons other than traffic
congestion anywhere within 150 feet of any residence in such a manner
as to cause a noise disturbance across a residential property boundary.
(2)
Unnecessary horn blowing. No person shall at any time
sound the horn or other warning device of a vehicle except when absolutely
necessary as a warning while actually driving such vehicle.
(3)
Tire squealing. No person shall cause or allow the
tires of a motor vehicle which the person is operating to squeal except
when necessary in order to avoid a collision with another person,
vehicle or other property.
(4)
Engine brake retarders. No gasoline-powered or diesel-powered
motor vehicle shall be operated on any public right-of-way using,
as part of the operation, an engine brake retarder without exhaust
mufflers or with defective or modified exhaust mufflers, in such a
manner so as to cause a noise disturbance across a residential property
boundary. Nothing in this subsection shall apply to emergency driving
situations requiring the use of an engine brake retarder to protect
the safety or property of a resident or other motor vehicle operator
or pedestrians or the operator and passengers of the motor vehicle
involved in the emergency situation. Signs shall be posted in appropriate
places, advising motor vehicle operators of the prohibition of the
use of engine brake retarders consistent with this subsection.
D.
Prima facie violation. The noise from any of the aforesaid
prohibited acts or motor vehicle prohibitions that occurs in such
a manner as to cause a noise disturbance to two or more residents
who are in general agreement as to the times and durations of the
noise and who reside in separate residences, including apartments
and condominiums, located across a property boundary from the property
on which the source of the noise is generated shall be prima facie
evidence of a noise disturbance.
The following shall not be considered illegal
under this article:
A.
Amplified announcements. Electronically amplified
announcements at athletic events.
B.
Blasting. After notification to the Township, blasting
may occur only between the hours of 9:00 a.m. and 4:00 p.m., Monday
through Friday, unless specifically authorized by the Township Manager.
C.
Concerts, etc. Band concerts, block parties, church
carnivals or other performances or similar activities publicly or
privately sponsored and presented in any public or private space outdoors,
provided that such activities do not occur between the hours of 9:00
p.m. and 6:00 a.m.
D.
Emergency work. Sounds caused by the performance of
emergency work or by the ordinary and accepted use of emergency apparatus
and equipment.
E.
Municipal and utility services. Sounds resulting from
the repair or replacement of any municipal or utility installation
in or about the public right-of-way.
F.
School and public activities. Sounds not electronically
amplified, created by organized school-related programs, activities,
athletic and entertainment events or other public programs, activities
or events, other than motor vehicle racing events and fireworks or
fireworks displays.
G.
Snowblowers. The operation of a snowblower is permitted
at any time within the twenty-four-hour period immediately after a
snowstorm. Thereafter, the operation of a snowblower is not permitted
in any residential zoning district between the hours of 9:00 p.m.
and 6:00 a.m., so as not to cause a noise disturbance across a residential
real property boundary.
H.
Certain construction-related activities. The operation of tools or equipment and the loading and unloading of certain equipment and materials related to construction activities, which would otherwise be prohibited under § 170-8, due to the time during which the activity occurs, shall not be considered illegal where the owner or operator demonstrates, to the satisfaction of the Township Manager or other designated individual, that the timing of the activity is reasonably required, due to temporary or seasonal weather or atmospheric conditions or where, due to traffic or other similar conditions, conducting the activity during an otherwise prohibited period is reasonably necessary in order to successfully complete the work or in order to create less hardship or adverse impact on neighboring properties than would conducting the activity during the otherwise permitted period.
[Added 9-3-2014 by Ord. No. 2014-10]
A.
Authority. The Board of Supervisors shall have the
authority, consistent with this section, to grant variances upon application
of any person who owns, controls or operates any sound source which
does not comply with the provisions or standards of this article.
B.
Application. Any person seeking a variance shall file
with the Township Manager an application at least 30 days prior to
the event for which the application is being filed. The application
shall state the standard, provision or section from which the variance
is sought. The application shall contain information that demonstrates
that bringing the source of sound or activity for which the variance
is sought into compliance with this article would constitute an unreasonable
hardship on the applicant, the community or other persons, and it
shall require any other supporting information which may reasonably
be required. All applications shall be accompanied by an application
fee in an amount as determined by resolution of the Board of Supervisors
from time to time.
[Amended 9-3-2014 by Ord.
No. 2014-10]
C.
Public notification. Notice of an application for
a variance shall be published on the Township's website at least one
week prior to any hearing of the Board of Supervisors concerning the
application for a variance, and no variance may be issued without
such notice prior to issuance. Any individual who claims to be adversely
affected by allowance of the variance may file a statement with the
Township Manager containing any information to support his or her
claim.
D.
Hearing. Upon the filing of an application for variance with the Township Manager, an administrative hearing shall be held before the Board of Supervisors to consider evidence relative to the review standards set forth in § 170-10E. The Board of Supervisors shall have full authority to carry out its duties as set forth in this article. All hearings before the Board of Supervisors shall be held not more than 30 days from the date of an application for variance is filed with the Township Manager and the decision thereon rendered within 30 days of the last hearing in the case before the Board of Supervisors.
E.
Review standards. In determining whether to grant
or deny the application, the Board of Supervisors shall balance the
hardship to the applicant versus the adverse impact to the public
health, safety and welfare and shall consider at a minimum the following
conditions:
(1)
The physical characteristics of the emitted sound;
(2)
The times and duration of the emitted sound;
(3)
The geography, zone and population density of the
affected area;
(4)
Whether the public health and safety is endangered;
(5)
Whether the sound source predates the receivers; and
(6)
Whether compliance with the standards from which the
variance is sought would produce hardship without equal or greater
benefit to the public.
F.
Decision. The Board of Supervisors shall issue a written
decision in granting or denying the application for a variance and,
if denied, shall state the reasons therefor. The Board of Supervisors'
decision shall be made available to the applicant and any other person
who requests it in writing. In granting a variance the Board of Supervisors
may attach reasonable conditions, including but not limited to placing
a time limit on the permitted activity and/or establishing a time
schedule within which the source of sound or activity for which the
variance was sought must be brought into compliance with this article.
Where the grant of a variance is conditioned, the variance shall not
become effective until all conditions are agreed to by the applicant.
Noncompliance with any condition of the variance shall terminate it
and subject the person holding it to those provisions of this article
regulating the source of sound or activity for which the variance
was granted. Variances may be granted for a period of up to one year.
The person obtaining the variance may reapply for additional variance
periods under terms set forth by the Board of Supervisors.
G.
Appeals. Appeals from an adverse decision of the Board
of Supervisors shall be made to the Court of Common Pleas of Lancaster
County.
A.
Any person, firm or corporation who or which shall
violate any provision of this article shall, upon conviction thereof,
be sentenced to pay a fine of not less than $150 and not more than
$1,000 for each offense and, in default of payment, to imprisonment
for a term not to exceed 30 days. Each day during which a violation
occurs shall constitute a separate offense.
B.
This section and the foregoing penalties shall not
be construed to limit or deny the right of the Township or any person
to such equitable or other remedies as may otherwise be available
with or without process of law.
The provisions of this article shall be enforced
by any Township official appointed from time to time by resolution
by the Board of Supervisors or by any police officer having authority
within East Hempfield Township.
All ordinances or parts of ordinances conflicting
with the provisions of this article are hereby repealed. It is hereby
declared that the provisions of Ordinance No. 00-04, "An Ordinance
of the Township of East Hempfield, Lancaster County, Pennsylvania,
Regulating the Control of Barking Dogs and Excessive Noise of Other
Animals," are not in conflict with this article and shall remain in
full force and effect.[1]
