[HISTORY: Adopted by the Board of Supervisors of the Township
of Greene 12-8-2020 by Ord. No. 2020-2.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 46,
Noise Nuisances, adopted 4-25-2007 by Ord. No. 2007-4.
For the purposes of this chapter the following terms, phrases,
words and their derivations shall have the meanings given herein.
When not inconsistent with the context, words used in the present
tense include the future; words in plural include the singular; and
words in the singular include the plural. Any personal pronoun shall
be construed so as to mean either the masculine, feminine, or neuter
gender, as the context may require; and the word "shall" is always
mandatory and not merely precatory.
The measured sound level in an area, exclusive of extraneous
sounds and he sound contributing of the specific source in question.
The Board of Supervisors of Greene Township, Franklin County,
Pennsylvania.
Any site preparation, assembly, erection, demolition, substantial
repair, maintenance, alteration, or similar action for or of public
or private rights-of-way, structures, utilities, or similar property.
The length of time noise continues or exists.
A vehicle defined in Pennsylvania 75 Pa.C.S. § 102.
Includes sudden and sharp sounds or repetitive sounds that
have tendency to startle, disrupt, or annoy, and which may include
the elements of both sound and vibration. Nonexhaustive examples of
impulse sounds include explosions, air horns, nail guns, fireworks
and firecrackers, and hammering.
Any unwanted sound or vibration that encroaches upon the
real property of another at any time-of-day. Noise may consist of
multiple factors. Noise factors may include, but are not limited to,
time- of-day or time-of-week; structure of the sound, e.g., impulse
sound and sounds defined in ISO 12001 standards; frequency of the
sound occurrence (how often); duration; relative sound level compared
to background sound level, e.g., "loudness"; the waveform frequency
of the sound, e.g., "high" or "low" pitch; and nature of the sound,
e.g., screaming or screeching.
In addition to the specific criteria in this chapter that constitute
noise disturbance, a prohibited, noise disturbance includes any noise
that may:
Endanger or injure the safety or health of humans or animals;
Annoy or disturb another person or premises;
Impair or degrade the rights of another person or property;
Disrupt, limit, or interfere with the peace of premises or with
activities of another person; or
Endanger or injure personal or real property.
Noise that is plainly audible according to the distance standards contained herein or sound that may annoy, disturb, or interfere with basic living tasks with two or more persons constitutes a prima facie noise disturbance (See § 46-2B).
The unreasonable, unwarrantable or unlawful use of public
or private property which causes injury, damage, hurt, inconvenience,
annoyance or discomfort to any person in the legitimate enjoyment
of his reasonable rights of person or property.
A person owning, leasing, occupying or having charge of any
premises within the Township.
To suffer, allow, consent, or let; to give, leave or license;
to acquiesce by failure to prevent; or to expressly accept or agree,
to the doing of an act.
Includes individual natural persons, firms, partnerships,
joint ventures, societies, associations, clubs, trustees, trusts,
corporations, companies or organizations of any kind; or any officers,
agents, employees, factors or any kind of personal representative
of any kind of the above, in any capacity, acting either for her/himself,
or for any other person, under either personal appointment or pursuant
to law.
Any noise that can be heard by a person of normal hearing.
Words, phrases, or specific noise signatures need not be discernible
or identifiable. Plainly audible does not implicate issues of subjective
"loudness" – the plainly audible standard simply determines
whether any noise can be heard regardless of the perceived "loudness."
Plainly audible observation alone is sufficient to support and prove
a noise disturbance.
Any building, structure, land, including yards, lots, courts,
owned or controlled by a person.
The real or imaginary line and its vertical extension which
separates real property owned or controlled by a person from contiguous
real property owned or controlled by another person and separates
real property from the public premises. Property lines may sometimes
be ambiguous or difficult to determine even by professionals. Thus,
the use of property line for purposes of this chapter refers to the
relative or apparent property delineations and survey-quality precision
is not required, intended, or desired.
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 Township of Greene, Franklin County, Pennsylvania.
A.
Noise disturbance generally prohibited. No person shall make, continue,
cause to be made, or cause to be continued, any noise disturbance
by any means within any residential zoning district of the Township
at any time-of-day. No person shall suffer, allow, or permit any noise
disturbance, by any means, to be made or continued from or at any
property, whether public or private, real or personal, which leaves
the premises from which it originates, and enters any premises, that
is plainly audible at any property line of the originating source.
Any such activity shall be considered unreasonable and a public nuisance.
B.
Prima facie violations: two or more witnesses. Prima facie evidence
of violation of this chapter includes noise that disturbs 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 line (boundary) from the
property on which the source of the noise is generated.
C.
Exemptions. The following activities shall be exempt from the provisions
of this chapter:
(1)
Noise as safety signals, warning devices, emergency pressure relief
valves or other sound needed to alert people about an emergency or
warn of an imminent hazardous situation.
(2)
Noise resulting from emergency work and noise emanating from an authorized
emergency vehicle or a vehicle operated by a gas, electric, communications,
or water utility when responding to an imminent emergency.
(3)
Noise resulting from public festivals, celebrations, or other lawfully
authorized public gatherings.
(4)
Noise resulting from any athletic, recreational, or other such outdoor
activity on fields and sites specifically set aside for such purposes.
(5)
The provision, repair and maintenance of municipal services or public
utilities.
(6)
The sounding of bells, chimes and carillons used for religious purposes
or in conjunction with national celebrations or public holidays.
(7)
The operation of lawn care and snow removal equipment and other household
maintenance equipment and tools.
(8)
The operation of heavy construction equipment and other construction
noise when generated as part of a specific short-term project properly
permitted by the Township, if the Township requires permits (such
as constructing a building; constructing, repairing or cleaning a
road; drilling a well; and other similar short-term, specific construction,
demolition or repair projects).
(9)
The operation of air conditioners, fans, heating units and similar
comfort devices.
(10)
The operation of airplanes, helicopters and normal activities of
properly licensed airports; trains operating on railroads.
(11)
The operation of all motor vehicles being operated on public roads.
(12)
Activities permitted by special waiver, as provided herein, according
to the terms and conditions of said waiver.
(13)
All farm-related operations and activities.
(14)
Any lawfully existing or licensed business, commercial or industrial
operation.
(15)
Any reasonable noise created by a government entity in performance
of an official and necessary duty.
(16)
Any activity the regulation of which has been expressly preempted
by Pennsylvania statute or regulation.
D.
Presumptions. It shall be necessary to establish that any single
noise disturbance occurrence has lasted more than 10 minutes, or repetitive
noise disturbances total 20 minutes within a one-hour time period,
in order to find a violation of this section. If the offending noise
emanates from private property, it shall be conclusively presumed
that the occupant of the property authorized and/or permitted and
participated in the violation.
A.
Prior to the filing of a private criminal complaint for violation of § 46-2, it shall be necessary to serve written notice upon the occupant of the property in one of the following ways:
B.
Form to be provided. Notice required under this section must be given
on a form prescribed and provided by the Township, and said required
notice may be executed and served as required by the aggrieved party
or by a Township official on complaint received from the aggrieved
party in writing and signed.
C.
Contents of notice. A notice shall set forth the name and address
of the property and the occupant of the property, the nature and extent
of the violation or offense, the identity of the person giving notice,
the date of the sending or posting of notice, and a statement to the
effect that a complaint may be filed if the nuisance is not abated
or if it is repeated.
D.
Duration of notice. Any notice given pursuant to this section shall
be valid for a period of six months. Within six months, no additional
notice needs to be given prior to the filing of a private complaint.
Upon written application to the Township not less than 30 days
in advance, a temporary waiver from strict compliance with the noise
standards specified herein may be granted to persons for reasonable
cause, as determined by the Board of Supervisors.
Any person found guilty of a violation of this chapter in a
summary proceeding before a District Magistrate shall pay a fine not
to exceed $1,000 per violation per the Second Class Township Code
§ 1601(c.1)(2), together with the cost of prosecution, and,
in default of payment of said fine and costs of prosecution, shall
be imprisoned for not more than 90 days. 18 Pa.C.S.A. § 106.
Each day a violation continues, after notice, shall constitute a separate
offense.
Provisions of this chapter may be enforced by any peace officer.
Enforcement may also be by any person who, after prior notice is given
as required, shall, as an affiant, institute a private criminal proceeding
by filing a complaint with the District Magistrate as provided by
law.
If any section, subsection, sentence, clause, phrase or portion
of this chapter is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall
not affect the validity of the remaining portions hereof.
Any chapter provision inconsistent with the provisions of this
chapter, is hereby repealed to the extent of the conflict. Ordinance
2007-4 is hereby repealed in its entirety.
This chapter shall become effective five days after the adoption
hereof.
