[HISTORY: Adopted by the Board of Commissioners of the Township of Nether Providence 5-13-1982 as Ord. No. 515. Amendments noted where applicable.]
The Board of Commissioners of the Township of Nether Providence, finding that excessive levels of sound are detrimental to the physical, mental and social well-being of the people, as well as to their comfort, living conditions, general welfare and safety, and therefore are a public health and welfare hazard, hereby declares it to be necessary to provide for greater control and more effective regulation of excessive sound and the sources of excessive sound within the Township of Nether Providence.
This chapter shall be known as the "Township of Nether Providence Noise Control Ordinance."
A. 
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. All terminology used in this chapter not defined below shall be in conformance with the applicable publications of the American National Standards Institute [ANSI S1.1-1960 (R1971) and its revisions] or its successor body.
B. 
As used in this chapter, the following terms shall have the meanings indicated:
AMBIENT NOISE
The all-encompassing noise associated with a given environment, usually being a composite of sounds from many sources near and far.
A-WEIGHTED SOUND LEVEL
The sound-pressure level in decibels as measured on a sound-level meter using the A-weighting network. The level so read is designated "dB(A)."
CONSTRUCTION OPERATION
The erection, repair, renovation, demolition or removal of any building or structure and the excavation, filling, grading and regulation of lots in connection therewith.
DECIBEL (dB)
A unit for measuring the sound-pressure level, equal to 20 times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micropascals [20 micronewtons per square meter].
EMERGENCY
Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage.
EMERGENCY WORK
Any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency.
IMPULSIVE SOUND
Sound of short duration, usually less than one second, with an abrupt onset and rapid decay. Examples of "impulsive sound" include explosions, drop-forge impact and the discharge of firearms.
MUFFLER or SOUND-DISSIPATIVE DEVICE
A device designed or used for decreasing or abating the level of sound escaping from an engine or machinery system.
NOISE
Any sound which annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans.
NOISE DISTURBANCE
Any sound which endangers or injures the safety or health of humans or animals or annoys or disturbs a reasonable person of normal sensitivities or endangers or injures personal or real property or is in excess of the sound levels by zoning districts established in § 169-5.
PERSON
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" incudes the individual members, partners, officers and managers, or any of them, of partnerships and associations and as to corporations, the officers and managers thereof or any of them.
POWERED MODEL VEHICLE
Any self-propelled airborne, waterborne or landborne plane, vessel or vehicle which is not designed to carry persons, including but not limited to any model airplane, boat, car or rocket.
PROPERTY LINE (BOUNDARY)
An imaginary line drawn through the point 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 properties and also, for any two or more buildings sharing common grounds, the line drawn midway between any two said buildings. All areas devoted to public right-of-way shall be deemed to be across the "property line." For the purpose of this regulation, the "property line" includes all points on a plane formed by projecting the "property line" in a manner deemed appropriate by the enforcing police officer.
PUBLIC RIGHT-OF-WAY
Any street, avenue, boulevard, highway, sidewalk, alley or similar place which is owned or controlled by a governmental entity.
PUBLIC SPACE
Any real property or structures thereon which are owned or controlled by a governmental entity.
PURE TONE
Any sound which can be heard as a single pitch or a set of single pitches. For the purpose 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 octave bands by five dB for center frequencies of 500 hertz and above and by eight dB for center frequencies between 160 and 400 hertz and by 15 dB for center frequencies less than or equal to 125 hertz.
REAL PROPERTY
All land, whether publicly or privately owned, whether improved or not improved, with or without structures, exclusive of any areas devoted to public right-of-way.
SOUND
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 description of "sound" may include any characteristics of such sound, including duration, intensity and frequency.
SOUND LEVEL
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 S1.4-1974 or the latest revision thereof). If the frequency weighting employed is not indicated, the A-weighting shall apply.
SOUND-LEVEL METER
An instrument which includes a microphone, amplifier, RMS detector, integrator or time averager, output meter and any applicable weighting network used to measure sound-pressure levels which meets or exceeds the requirement for a Type I or Type II sound-level meter as specified in ANSI Specification S1.4-1974. The manufacturer's published indication of compliance with such specifications shall be prima facie evidence of such compliance.
ZONING DISTRICTS
The land use districts established by the Zoning Ordinance of the Township of Nether Providence and all subsequent amendments.
[1]
[1]
Editor's Note: See Ch. 300, Zoning.
A. 
Noise disturbance prohibited. No person shall make or continue or cause to be made or continued any noise disturbance that creates annoyance to any immediate resident.
[Amended 12-10-1992 as Ord. No. 581]
B. 
Specific prohibitions. The following acts and the causing thereof are declared to be noise disturbances and therefore in violation of this chapter:
(1) 
Radios, television sets, musical instruments and similar devices: operating, playing or permitting the operation or playing of any radio, television, phonograph, drum, musical instrument, sound amplifier, automobile radio, automobile stereo or high fidelity equipment or similar device which produces, reproduces or amplifies sound:
(a) 
At any time in such manner as to cause a noise disturbance across a property line (boundary) or between the hours of 10:00 p.m. and 7:30 a.m. so as to be plainly audible across a property line (boundary).
(b) 
In such a manner as to create a noise disturbance across a property line (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.
(c) 
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.
(2) 
Yelling and shouting: engaging in loud or raucous yelling, shouting, hooting, whistling or singing on the public streets between the hours of 10:00 p.m. and 7:30 a.m. or at any time or place in such a manner as to create a noise disturbance.
(3) 
Construction: operating or permitting the operation of any tools or equipment used in construction operations, drilling or demolition work or in the sweeping of parking lots in areas adjacent to residential districts or within 1,000 feet of residential districts, between the hours of 9:00 p.m. and 7:30 a.m. 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 real property line (boundary), except for emergency work. This subsection shall not apply to the use of domestic power tools subject to § 169-4.
[Amended 12-10-1992 as Ord. No. 581]
(4) 
Domestic power tools: operating or permitting the operation of any mechanically powered saw, drill, sander, grinder, lawn or garden tool, snowblower or similar device used outdoors in residential areas (see Table I, § 169-5A) between the hours of 10:00 p.m. and 7:30 a.m. so as to cause a noise disturbance across a residential property line (boundary).
(5) 
Loading and unloading: loading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans or similar objects between the hours of 10:00 p.m. and 7:30 a.m. the following day in such a manner as to cause a noise disturbance across a residential property line (boundary). This section shall not apply to municipal or utility services in or about the public right-of-way.
[Amended 12-10-1992 as Ord. No. 581]
(6) 
Powered model vehicles: operating or permitting the operation of powered model vehicles so as to create a noise disturbance across a residential property line (boundary) between the hours of 10:00 p.m. and 7:30 a.m.
(7) 
Street sales: offering for sale or selling by shouting or outcry or by any other amplified or unamplified sound within any residential or commercial area (see Table I, § 169-5A) of the Township of Nether Providence, except between the hours of 7:30 a.m. and 10:00 p.m., and at no time in such a manner as to violate this chapter.
[Amended 12-10-1992 as Ord. No. 581]
(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 use of a product which has had a muffler or sound-dissipative device or element of design or noise label removed or rendered inoperative, with knowledge that such action has occurred.[1]
[1]
Editor's Note: Former Subsection 4B(9)(b), regarding intentional tampering with a sound-monitoring instrument, was deleted 12-10-1992 as Ord. No. 581.
(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 real property line (boundary).
C. 
Prima facie violation. The noise from any of the aforesaid prohibited acts 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 shall be prima facie evidence of a noise disturbance.[2]
[2]
Editor's Note: Former Subsection C, Motor vehicle prohibitions, was deleted 12-10-1992 as Ord. No. 581.
A. 
Maximum permissible sound levels by zoning districts. No person shall operate or cause to be operated any source of sound in such a manner as to create a sound level which exceeds the limits set forth in the zoning designations category in Table I when measured at or across the property line (boundary) from the noise source. Any sound source that produces in excess of those levels shall constitute a noise disturbance.
[Amended 12-10-1992 as Ord. No. 581]
TABLE I
SOUND LEVELS BY ZONING DISTRICTS
Sound-Level Limit, dB(A)
Zoning District of the Property On Which the Source of the Noise is Located
7:30 a.m. to 10:00 p.m.
10:00 p.m. to 7:30 a.m.
Residential (Zoning Districts R-1, R-2, R-3, R-3a, R-3b, R-4, R-5, R-5a, R-5b and R-5c) and P-O Professional Office District
57
52
Commercial (Zoning District C Commercial)
67
62
Industrial (Zoning District I Industrial)
77
77
B. 
When exceeded. The sound-level limits set forth in Table I shall be exceeded when any one or more of the following occurs:
(1) 
The sound at any one point in time exceeds any of the established zone limits in Table I by a measured sound level of 15 dB(A); or
(2) 
The sound exceeds any of the established zone limits in Table I by a measured sound level of 10 dB(A) for a cumulative total of one minute or more out of any ten-minute period; or
(3) 
The sound exceeds, except in the Industrial District, any of the established zone limits in Table I by a measured sound level of three dB(A) continually for a period of five minutes or a total of five minutes out of any ten-minute period.
[Amended 12-10-1992 as Ord. No. 581]
C. 
Ambient sound. In the event that the background ambient sound levels in an area of suspected noise disturbance exceed the levels set forth in Table I, the sound level of the intrusive sound source shall be measured with the ambient background sound level being substituted as the Table I sound-level limit.
D. 
Where measured. For the purposes of this section, sound shall be measured at or beyond the property line (boundary) of the property on which the noise source is located.
E. 
Pure tone and impulsive sound. For any source of sound which emits a pure tone or impulsive sound, the limits set forth in Table I shall be reduced by five dB(A).
F. 
Adjustment for nonconforming uses. Any noise which occurs on property which, according to the Township of Nether Providence Zoning Ordinance,[1] is being used in a legally nonconforming manner and which noise relates to said use shall be judged as if the property bore a zoning designation under which the use would be conforming.
[1]
Editor's Note: See Ch. 300, Zoning.
G. 
Measuring instruments. All sound measurements shall be made on a sound-level meter calibrated in the manner required by the manufacturer's specifications.
H. 
Exemptions from sound-level limits. The provisions of this section shall not apply to:
(1) 
Activities covered by the following sections: §§ 169-4B(3), Construction, and 169-4B(4), Domestic power tools, or any emergency signaling device used because of an emergency.
(2) 
Interstate railway locomotives and cars.
(3) 
Motor vehicles.
The following sounds are exempted from the provisions of this chapter:
A. 
Amplified announcements: electronically amplified announcements at athletic events.
B. 
Blasting: blasting, under permit by the 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.
C. 
Concerts: 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 shall be exempt from the provisions of this chapter provided that:
(1) 
Such activities do not produce sound 15 dB(A) in excess of the sound levels set forth in Table I of § 169-5A of this chapter; and
(2) 
Such activities do not occur between the hours of 10:00 p.m. and 7:30 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.
G. 
Warning devices: 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.
[Amended 12-10-1992 as Ord. No. 581]
A. 
Authority. The Township Manager shall have the authority 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 chapter.
B. 
Application. The application shall state the standard or provision from which the variance is being sought and the period of time and reasons for which the variance is sought. It shall contain information which demonstrates that bringing the sources of sound or activity for which the variance is sought into compliance with this chapter would constitute an unreasonable hardship on the applicant and shall contain any other supporting information which may reasonably be required.
C. 
Review standards. In determining whether to grant or deny the application, the Township Manager 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 receiver(s).
(6) 
Whether compliance with the standard(s) from which the variance is sought would produce hardship without equal or greater benefit to the public.
D. 
Decision. The Township Manager shall render a written decision in granting or denying the application for variance and, if denied, shall state the reasons therefor. The Manager's decision shall be made available to the applicant and any other person who requests it in writing. In granting a variance, the Manager 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 chapter. 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 chapter 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 applicant and the Township Manager.
E. 
Appeals. Appeal from an adverse decision of the Township Manager shall be made to the Township Board of Commissioners.
[Amended 12-10-1992 as Ord. No. 581]
This chapter shall be enforced by the Police Department of the Township of Nether Providence.
A. 
Any person violating any provision of this chapter shall, upon conviction thereof in a summary proceeding, be punishable as provided in Chapter 1, General Provisions, Art. II, Violations and Penalties, § 1-17, Other violations, for each and every offense. Each day during which any person violates any provision of this chapter shall constitute a separate offense.
[Amended 12-10-1992 as Ord. No. 581]
B. 
This chapter 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.