[Adopted 4-10-2006 by Ord. No. 132]
The Board of Supervisors of North Coventry Township finds that:
A. 
Excessive noise, excessive vibration, and nuisance factors, including but not limited to dangerous structures, the inappropriate accumulation of garbage, trash or rubbish degrade the environment of the Township to a degree that:
(1) 
Is harmful, hazardous, and detrimental to the health, safety and welfare of the Township's inhabitants;
(2) 
Interferes with the comfortable enjoyment of life, property and recreation and with the conduct and operation of business and industry; and
(3) 
Causes nuisances of diverse types.
B. 
No one has the right to create excessive noise, excessive vibration or create an unwarranted intrusion on the peace and tranquility or legitimate activities and property interests of others;
C. 
Effective control and elimination of excessive noise, excessive vibration and nuisance factors is essential to the furtherance of the health and welfare of the Township's inhabitants and to the conduct of the normal pursuits of life, recreation, commerce and industrial activity.
It is the intent and purpose of this article to prevent excessive noise, excessive vibration, and nuisance, and to limit, control and eliminate excessive noise, excessive vibration, and nuisance factors in general, from whatever source.
As used in this article, the following terms shall have the meanings indicated:
DANGEROUS STRUCTURE
Including, but not limited to, an unoccupied building that is not fit for human use or habitation or creates an unreasonable risk of fire or an unreasonable attraction to young children whereby they may be injured or otherwise creates a hazard to life or property.
GARBAGE
All table refuse, animal and vegetable matter, offal from meat, fish, fowl, fruits, vegetables and parts thereof, and other articles and materials ordinarily used for food which have become unfit for such use or which are discarded for any reason.
MASCULINE
Includes the feminine and the neuter.
OBJECTIONABLE NOISE
Any sound emitted on private or public property by a person, animal, machine or appliance, equipment, instrument, operations or tool of such loudness and character from a single source or from multiple sources, which is or may be predicted with reasonable certainty to be injurious to health of humans or animals, or which unreasonably interferes with the enjoyment of property or with any lawful business or activity; disturbs the peace, or creates a public nuisance. Noise level dBA exceeding those permitted shall constitute objectionable noise.
OFFENSIVE MANUFACTURE OR BUSINESS
Any enterprise, operation, activity, including any manufacturing enterprise or any business conduct, which materially and/or substantially interferes with the continuance of the peaceful enjoyment of life and use of property constitutes a nuisance or is detrimental to the safety, health and welfare.
OWNER
Any natural person, partnership, firm or corporation having legal title to a property.
PERSON
Any natural person, partnership, firm or corporation.
PROPERTY BOUNDARY
A. 
For a single-family dwelling, the property boundary is the property line.
B. 
For dwelling units in a two-family or multiple-family dwelling, any partition common to two or more dwelling units within a building.
RUBBISH
Discarded articles, materials, or refuse, including garbage, ashes, combustible and noncombustible waste, abandoned or junked vehicles, electrical equipment or construction materials of any kind.
SINGULAR
Includes the plural.
A. 
Performance standards.
(1) 
No person, firm or corporation may operate or cause to be operated on private or public property any source of continuous sound or vibration, such as, but not limited to, unmufflered dirt bikes, earthmoving equipment, pneumatic nailers, sand blasters, wood chippers, chain saws, exterior construction hammering, etc. (any source which is static, fluctuating or intermittent with a recurrence greater than one time in any fifteen-second interval) in such a manner as to create a sound level which exceeds the limits set forth in the receiving land usage described below when measured at or within the property boundary of the receiving land use, thereby creating objectionable noise. All residential, public space, open space, institutional, or agricultural; commercial, business, or industrial shall be used so that a maximum sound level shall be limited to 75 dBA 7:00 a.m. to 7:00 p.m. daily and 9:00 a.m. to 7:00 p.m. during weekends and all legal holidays. At all other times not specified, the maximum sound level limit shall be limited to 65 dBA.
(2) 
For any source of continuous sound that emits a pure or continuous tone, the maximum sound level limits set forth in § 237-5 shall be reduced by five dBA. For any source of sound which emits an impulsive sound (a sound of short duration, with an abrupt onset and rapid decay and occurrence of not more than one time in any fifteen-second interval), the excursions of sound pressure level shall not exceed 20 dBA over the ambient sound level, regardless of time of day or night or receiving land use, using the "faster" meter characteristic of a Type II meter, meeting the ANSI specifications S1.4-1971.
(3) 
In no case shall construction and impulsive sounds exceed the continuous sound level limits established in this section between the hours of 7:00 p.m. and 7:00 a.m. current time, or 7:00 p.m. and 9:00 a.m. on weekends or any legal holiday. The maximum permissible sound levels by the receiving land use as stated above shall be excluded and shall NOT apply to the following noise sources:
(a) 
The emission of sound for the purpose of alerting persons to the existence of an emergency;
(b) 
Emergency work to provide electricity, water, or other public utilities as well as excavations or repairs of bridges, streets or highways by or on behalf of the Township, county or state when public health or safety are involved;
(c) 
Normal and legally permitted residential activities customarily associated with residential use; e.g., domestic power tools; lawn mowers and garden equipment; snow blowers and plows;
(d) 
Agricultural operations and farm animals where agricultural uses are authorized by the Township;
(e) 
Motor vehicle operations on public streets. (Such noise shall be regulated by the Pennsylvania Department of Transportation Regulation, Title 67, Chapter 450, governing established sound levels.)
(f) 
Public celebrations, specifically authorized by the Township;
(g) 
School sponsored sports and events, subject to Township approval, including authorized parades and marching bands;
(h) 
Surface carriers engaged in commerce by railroad, water transport or properly licensed transportation vehicles;
(4) 
The maximum permissible sound levels by the receiving land use as listed above shall apply. However, no person shall, between the hours of 7:00 p.m. one day and 7:00 a.m. of the following day in such a manner as to be plainly audible across a property line:
(a) 
Operate, play or permit the operation or playing of any entertainment media, including, but not limited to, radio, television, CD players, sound amplifiers, musical instruments which produces, reproduces or amplifies sound, including outdoor loudspeakers or similar amplification;
(b) 
Load or unload trucks or other motor vehicles, open, close or otherwise handle boxes, crates, containers, building materials, garbage cans or other objects.
(5) 
Further, no person shall:
(a) 
Own, possess, harbor or control any animal or bird which howls, barks, meows, squawks or makes other sounds continuously and/or incessantly for a period of 10 minutes or makes such noise intermittently for one-half hour or more to the disturbance of any person at any time of the day or night, regardless of whether the animal or bird is situated in or upon private property; provided, however, that at the time the animal or bird is making such noise, no person is trespassing or threatening to trespass upon private property in or upon which the animal or bird is situated or for any other cause which teased or provoked the animal or bird;
(b) 
Use any automobile, motorcycle or other vehicle so out of repair or loaded in such a manner as to create loud or unnecessary grating, grinding, rattling or other noise;
(c) 
Remove or render inoperative a sound-dissipative device from motor vehicles, equipment or machinery, other than for purposes of maintenance, repair or replacement, when such motor vehicle, equipment or machinery is not in use; or use any motor vehicle, equipment or machinery which has had a sound-dissipative device or any part thereof removed or rendered inoperative; repair, rebuild, test or otherwise work on any motorcycle, motor vehicle, motorboat or aircraft within the hours of 7:00 p.m. and 7:00 a.m.;
(d) 
Intentionally sound or permit the sounding outdoors of any fire, burglar or civil defense alarm or any similar stationary emergency signaling device intended for public notification, except in an emergency;
(e) 
Operate a recreational off-road vehicle within 100 feet of a property line. Recreational off-road vehicles may only be used in an area that is more than 100 feet from the property line as long as the recreational off-road vehicle is equipped with manufacturer's specifications for sound dissipative devices;
(f) 
Discharge of air guns, spring guns, rifles, firearms, paint guns or fireworks of any kind or character whatsoever on or across the streets, highways or any public property or Township park without obtaining the property authorized Township permits;
(g) 
Unnecessary or prolonged blowing or sounding of any horn, whistle, bell or other device attached to any train, locomotive, motor vehicle, bus or truck while passing through the Township or while loading passengers or freight within the Township;
(h) 
Operating sound amplifying equipment or loudspeakers on the streets or public places of the Township for advertising or other commercial purposes without obtaining the properly authorized Township permits.
A. 
It shall be unlawful for a person to use or maintain any public or private property in the Township so as to cause to exist on said property a nuisance.
B. 
Any person or owner allowing, using or maintaining any public or private property in the Township and causing to exist thereon a nuisance shall, after notice to do so by an agent of the Township, within 20 days, remove any nuisance or dangerous structure.
C. 
When any person or owner, after notice to remove any nuisance or dangerous structure fails to do so, the Township or its agents shall remove the said nuisance or dangerous structure to a location of its choice at the expense of the person or owner of the property.
A. 
Delegated agent for the Township. The Board of Supervisors does hereby delegate to the Township Code Enforcement Officer ("Agent") the power to administer the terms of this article unless otherwise modified by a resolution of the Board of Supervisors. The Agent shall have the authority to investigate complaints and prosecute violations of this article. When enforcing the terms of this article, the Agent may engage necessary consultants or engineers for investigatory or prosecutorial purposes.
B. 
Initiating prosecution. Any prosecution for a violation of this Noise and Nuisance Article or any portion thereof shall be commenced by complaint or by filing a non-traffic citation, warrant or summons.
C. 
Penalties, fines, cost. A violation of this article shall be punishable by a penalty of not less than $300 nor more than $1,000. Such fine shall be determined by the District Court after consideration of the facts and circumstances of the case. Additionally the defendant shall be responsible for costs, including reasonable attorney fees and consulting fees or costs incurred by the Township in investigating and prosecuting the offense; and upon default in the payment thereof, the defendant may be sentenced and committed to the county jail for a period not exceeding 30 days. Each violation of this article and each day or portion thereof in which a violation of this article is found to exist shall constitute a separate offense. Each violation shall be punishable by a separate fine or incarceration upon failure to satisfy the same as imposed by the District Court or a court of competent jurisdiction.