[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:
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.
This article may be cited as the "North Coventry
Township Noise and Nuisance Ordinance."
As used in this article, the following terms
shall have the meanings indicated:
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.
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.
Includes the feminine and the neuter.
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.
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.
Any natural person, partnership, firm or corporation having
legal title to a property.
Any natural person, partnership, firm or corporation.
Discarded articles, materials, or refuse, including garbage,
ashes, combustible and noncombustible waste, abandoned or junked vehicles,
electrical equipment or construction materials of any kind.
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.
