[Adopted 1-26-1956 by Ord. No. 270]
[Amended 5-17-1976 by Ord. No. 380, approved 5-17-1976; 11-4-1985 by Ord. No.
434, approved 11-4-1985]
Whenever the Borough Council or its appointee
shall find any condition or place within the Borough to be a nuisance
or a menace to the health of the people of the Borough, or shall find
any animal to be a nuisance or a menace to the health of the people
of the Borough, it shall issue a written order to the owner, to the
agent of the owner or to the possessor of the place, or to the owner,
agent of the owner or possessor of the animal, stating the condition
or conditions specified as constituting a nuisance or a menace to
the health of the people of the Borough of Pen Argyl and ordering
an abatement within the time limit herein specified:
A.
For removing dead animals, garbage, offal, manure
or other organic matter in a state of decomposition: 24 hours.
B.
At the time of the prevalence or threat of prevalence
of any communicable disease, for the removal or remedy of any condition
that the Borough Council or its appointee shall order as a step toward
the prevention of further spread of such disease: 24 hours.
C.
For removing from the Borough any animal that is not
permitted to be kept therein or any animal for which a suitable coop,
pen or stable is not provided: 48 hours.
D.
For cleansing overflowing and leaky privy wells, cesspools,
septic tanks and water closets, and for discontinuing the use of improperly
located or constructed privies: three days.
E.
For cleansing pens, stables and coops of animals and
fowl: five days.
F.
For cleaning filthy houses, cellars, yards, alleys
and vacant lots of other than organic matter in a state of decomposition:
10 days.
G.
For correcting the condition of any animal making
noise as contained herein aforementioned: 24 hours.
[Amended 5-17-1976 by Ord. No. 380, approved 5-17-1976]
Whenever any such nuisance shall not be abated
by the owner of such premises within the time limit stated in such
order and it shall thereafter be abated by the Borough Council, as
provided by law, the Borough shall collect the cost of such abatement,
with an additional charge of 10%, from the owner of such property,
in the same manner as debts of like character are now collected by
law. Such expenses and additional charges as hereby authorized may
be in addition to any penalty imposed, after hearing, for any violation
of any ordinance that prohibits the maintenance of any condition constituting
such a nuisance.
[Added 9-7-1999 by Ord. No. 548, approved 9-7-1999]
A.
Purpose and scope. It is the purpose and scope of
this section to provide regulations defining the maximum sound levels
that vehicles, appliances, persons and equipment shall be allowed
to produce at specified distances from these devices, and also to
provide for the prohibition of other kinds of prohibited noises. These
regulations and prohibitions are intended to protect the physical,
mental and social well-being of the residents of the Borough of Pen
Argyl.
B.
Application. This section shall apply to:
(1)
All types of vehicles, appliances and equipment, whether
privately or publicly owned;
(2)
Sounds of any time duration generated by mechanical
or electrical devices or equipment and to persons, animals or any
other source of sound; and
(3)
Both the owner and operator of vehicles, appliances,
equipment, devices, animals or any other object creating noises.
C.
Exemptions. The following devices are exempt from
the provisions of these regulations:
(1)
Aircraft (except model aircraft).
(2)
Police, fire, ambulance and other governmental emergency
vehicles.
(3)
Backup alarm devices on trucks and other equipment
when installed and operated in accordance with Society of Automotive
Engineers recommended practice J 994, "Criteria for Backup Alarm Devices."
(4)
Governmental warning devices (i.e., civil defense
or fire siren).
D.
APPLIANCE
CODE ENFORCEMENT OFFICER
DAY
DAYTIME
DECIBEL (dB)
EQUIPMENT
EXCESSIVE NOISE
FLUCTUATING NOISE
IMPULSIVE NOISE
INTERMITTENT NOISE
NOISE
PERIOD OF OBSERVATION
PERSON
S.A.E
SOUND LEVEL METER
SOUND LEVEL (NOISE LEVEL)
STEADY NOISE
VEHICLE
Definitions. All acoustical terminology shall be that
contained in ANSI S1.1 "Acoustical Terminology."
Any device or combination of devices used or capable of being
used as a means of accomplishing a desired end, such as a window air-conditioning
unit.
Any person appointed by the Borough of Pen Argyl with responsibility
to enforce municipal ordinances or any sworn member of the Borough
of Pen Argyl Police Department.
The twenty-four-hour period starting at local 12:00 midnight.
7:00 a.m. to 7:00 p.m.
A unit of sound level which is a division of logarithmic
scale used to express the ratio of the sound intensity of the source
to the intensity of an arbitrarily chosen reference intensity. The
ratio is expressed on the decibel scale by multiplying its "base 10
logarithm" by 10.
Any devices or combination of devices to accomplish a desired
end, such as a chain saw, bulldozer, etc.
That sound which is:
A noise whose sound level varies significantly with time.
Characterized by brief excursions of sound level. The duration
of a single impulse is usually less than one second.
A noise whose sound level exceeds the ambient noise levels
at least twice during the period of observation, which is one minute
or more. The period of time during which the level of the noise remains
at an essentially constant value different from that of the ambient
is on the order of one second or more.
Any sound emitted by a person, animal, vehicle, appliance,
equipment or other device and its environmental interaction.
The time interval during which acoustical data are obtained.
The period of observation is determined by the characteristics of
the noise being measured and the instrumentation being used. The period
of observation must be at least as long as the response time of the
instrumentation. The greater the variance in individual sound level,
the longer must be the observation time for a given expected accuracy
of measurement.
Either the owner or operator of vehicles, appliances, equipment
or devices, or any individual, whether adult or minor.
Society of Automotive Engineers.
A sound level meter is an instrument, or combination of instruments,
for measuring sound. For purposes of this section, this term shall
specifically apply to the Radio Shack digital sound level meter, or
comparable meter.
Airborne sound levels are expressed in dB and obtained by
the use of specific frequency dependent weighting networks, as specified
in the referenced standards. The specific weighting network used must
be indicated by the proper notation. If the A-weighting is employed,
the sound level is identified as dB(A).
A noise whose level remains essentially constant (i.e., fluctuations
are less than five dB) during the period of observation is a steady
noise.
Any device, or combination of devices, used for or capable
of being used for transporting persons or property. Vehicles include,
but are not limited to, the following: automobiles, trucks, buses,
motorcycles, motorized bicycles, snowmobiles, scooters, all-terrain
vehicles, go-carts, racers and like devices, farm machinery, industrial
machinery, highway graders, trailers, graders and semitrailers.
E.
Enforcement.
(1)
Abatement. Any emission of noise from any source in
excess of the limitation established in or pursuant to this section
herein described shall be deemed and is hereby declared to be a public
nuisance and may be abated by injunction, in addition to the administrative
proceedings, fines and penalties herein provided. Such abatement may
be made by any police officer or the Code Enforcement Officer, or
may be made by order of the Court of Common Pleas of Northampton County
on complaint or petition filed on behalf of the Borough of Pen Argyl.
(2)
Nothing in this section shall be construed to impair
any cause of action, or legal remedy thereof, of any person or the
public for injury or damage arising from the emission or release into
the atmosphere or ground from any source whatever of noise in such
place or manner or at such levels which may give rise to such cause
of action.
(3)
The Code Enforcement Officers of the Borough of Pen
Argyl shall:
(a)
Be qualified by training and experience to perform
the necessary measurements and procedures required to determine violations
of the provisions of this section;
(b)
File complaints with the District Justice to
prosecute violations of this section;
(c)
Investigate complaints of violations of this
section and make inspections and observations of noise conditions;
and
(d)
Be authorized to issue a warning to persons
considered in violation of these regulations, a warning which may
allow an appropriate time not to exceed 30 days for correction to
bring the offending vehicle(s), appliance(s), equipment or other device(s),
animal(s) or persons within the provisions of these regulations before
enforcement by prosecution.
F.
Administration. The Borough of Pen Argyl shall:
(1)
Have available in convenient form, as in a unit, the
provisions of this section;
(2)
Prepare and maintain records of all orders issued
by the Code Enforcement Officers; and
(3)
Through its Borough Manager, issue all standards,
permits, certificates, notices or other matters required under the
provisions of this section and notify all persons concerned of any
decisions rendered.
G.
Noise limitations.
(1)
General. No person shall make, permit or cause to
be made any excessive noise of any kind by crying, calling or shouting,
or by means of any whistle, rattle, bell, gong, clapper, hammer, drum,
horn, hand organ, mechanically operated piano, other musical instrument,
wind instrument, mechanical device, radio, phonograph, sound amplifying
or other similar electronic device unless said person has obtained
a special permit from the Borough Manager as provided in this part.
(2)
Musical instruments. No person shall use or perform
on any hand organ or other musical instrument or device, for pay or
in expectation of payment, in any public way or public open space
of the Borough of Pen Argyl before 7:00 a.m. or after 7:00 p.m. of
the day unless said person has obtained a special permit from the
Borough Manager.
(3)
Noise from premises. No person owning, or in possession
or control of, any building or premises shall use the same, permit
the use of the same, or rent the same to be used for any business
or employment or residential use, or for any purpose of pleasure or
recreation, if such use shall, by its boisterous nature, disturb or
destroy the peace of the neighborhood as measured at the property
line in which such building or premise is situated, or be dangerous
or detrimental to health.
(4)
Equipment noise. It shall be unlawful for any person
to use any pile driver, shovel, hammer, derrick, hoist, tractor, roller
or other mechanical equipment operated by fuel or electric power in
building or construction operations from 7:00 p.m. to 7:00 a.m. of
the following day, except for emergency work on public improvements,
work of public service utilities, and municipal services unless such
equipment has been manufactured or modified for sound control and
meets the provisions of this section.
(5)
Noise in handling refuse cans. No person shall make
any unnecessary noise in the handling of ash, trash and garbage cans,
either in loading or unloading, whether full or empty.
(6)
Noise in vicinity of hospitals, schools and churches.
No person shall make any unnecessary noise in the vicinity of any
hospital, or church during hours of public worship, or school during
school hours.
(7)
Unlawful to keep noisy animals. No person shall keep,
or permit to be kept, harbor, or otherwise maintain any animal which
shall disturb the quiet of any public street or other public place,
or of any neighborhood. Provided, however, that a noisy animal shall
be defined as one or more animals which makes noises habitually, so
as to constitute annoyance to a person of ordinary sensibilities.
(8)
Noise by peddlers. No peddler or other person who
plies a trade or calling of any nature on the streets of the Borough
of Pen Argyl shall use any horn, bell or other sound instrument to
make any noise tending to disturb the peace and quiet of the neighborhood,
for the purpose of directing attention to his wares, trade or calling.
(9)
Use of horns and other devices on vehicles. No person
operating any vehicle, other than police, fire, public service or
ambulance operators, shall sound any horn, bell, gong, siren or whistle,
except for the ordinary horn installed on such vehicle by the manufacturer,
or sound any type of horn except when reasonably necessary to prevent
accidents or to otherwise comply with the law of motor vehicles.
(10)
The operational performance standards established
by this section shall not apply to any public performance being conducted
in accordance with provisions of a special permit obtained from the
Borough Manager for the conduct thereof.
(11)
Vehicle. No person shall operate either a motor vehicle of a type subject to registration, except in police, fire equipment, ambulances or other government emergency vehicles, at any time or under any condition of grade, load, acceleration or declaration in such a manner as to exceed the following noise limits for the category or minor vehicles based on a distance of 40 feet from the center of the lane traveled on within the speed limit specified in this section under test procedures established by Subsection I below.
|
Type of Vehicle
|
Speed Limit
of 35 mph or less
|
Speed Limit
of 35 mph or more
| |
|---|---|---|---|
|
Any motor vehicle with a manufacturer's gross
combination weight rating of 10,000 pounds or more and any combination
of vehicles towed by such motor vehicle
|
86 dB(A)
|
90 dB(A)
| |
|
Any other vehicle or any combination of vehicles
towed by such motor vehicle
|
76 dB(A)
|
82 dB(A)
| |
|
Any motorcycle or motor-driven cycle
|
78 dB(A)
|
82 dB(A)
|
(a)
This section applies to the total noise from
a vehicle or combination of vehicles and shall not be construed as
limiting or precluding the enforcement of any other provisions of
this Code relating to motor vehicle mufflers for noise control.
(b)
No person shall modify or change the exhaust
muffler, intake muffler or any other noise abatement device of a motor
vehicle so that the noise level is increased above that emitted by
the vehicle as originally manufactured. Procedures used to establish
compliance with this paragraph shall be those used to establish compliance
of a new motor vehicle with the requirements of this section.
(c)
No person shall sell or lease or offer for sale or lease a new or secondhand vehicle that produces a maximum noise exceeding the noise limit at a distance of 40 feet from the center line of travel as stated in Subsection G(11). The manufacturer, distributor, importer or designated agent shall, if requested, certify in writing to the Borough of Pen Argyl that his vehicles sold or leased within the Borough of Pen Argyl comply with the provisions of this section.
(12)
Equipment.
(a)
No person shall operate any powered equipment or powered hand tool that produces a maximum noise level exceeding the following noise limits at a distance of 40 feet, under test procedures established by Subsection I below.
|
Type of Equipment
|
Noise Limit
| |
|---|---|---|
|
Construction and industrial machinery, such
as crawler-tractors, dozer, rotary drills and augers, loaders, power
shovels, cranes, derricks, motor graders, paving machines, off-highway
trucks, ditchers, trenchers, compactors, scrapers, pavement breakers,
compressors and pneumatic power equipment, but not including pile
drivers
|
86 dB(A)
| |
|
Agricultural tractors and equipment
|
86 dB(A)
| |
|
Powered commercial equipment of two horsepower
or less intended for infrequent use in residential areas, such as
chain saws, pavement breakers, log chippers, powered hand tools, etc.
|
84 dB(A)
| |
|
Powered equipment intended for repetitive use
in residential areas, such as lawnmowers, small lawn and garden tools,
riding tractors, snow removal equipment, etc.
|
70 dB(A)
|
(b)
No person shall sell or lease or offer for sale or lease new or secondhand equipment that produces a maximum noise exceeding the noise limit at a distance of 40 feet as stated in Subsection G(12)(a) above. The manufacturer, distributor, importer or designated agent shall, if requested, certify in writing to the Borough of Pen Argyl that his equipment sold or leased within the Borough complies with the provisions of this part.
H.
Use of property.
(1)
Any property use established in a zoning district as defined and designated under the provisions of the Borough of Pen Argyl Zoning Ordinance (Chapter 108 of the Code of the Borough of Pen Argyl) shall be such as to comply with the performance standards governing noise set forth hereinafter for the district in which such use shall be located.
(2)
Noise levels shall be measured in terms of the sound
level in dB(A) using equipment which meets the requirements established
by this section.
(3)
Nonresidential district noise levels.
(a)
In all nonresidential zoning districts, at no point on the boundary of any residential zoning district shall the sound level of any individual operation or business, or the combined operations of any person, firm or corporation, exceed the dB(A) levels shown below for the zoning district indicated from 7:00 p.m. to 7:00 a.m. of the following day, as measured under the test procedures established by Subsection I below.
(b)
Maximum sound levels dB(A) along district boundaries
as measured by conventional sound level meters on slow response:
(4)
In nonresidential zoning districts, all activities
involving the production, processing, cleaning, servicing, testing,
repair of materials, goods or products, or any property use shall
conform with the performance standards stated above, provided that
performance standards shall, in every case, be applied at the boundaries
of the lot on which any such activities take place, except in such
cases where the maximum permitted sound levels may be exceeded at
a more distant point.
(5)
In residential zoning districts, any property use
shall conform with the performance standards stated above for residential
district boundaries, provided that performance standards shall, in
every case, be applied at the boundaries of the lot on which such
use is established, except in such cases where the maximum permitted
sound levels may be exceeded at a more distant point.
I.
Test procedures.
(1)
Test procedures to determine whether maximum noises emitted by new motor vehicles sold or offered for sale or lease meet the noise limits stated in Subsection G(12) above shall be in substantial conformity with standards and recommended practice established by the S.A.E. and the Pennsylvania Department of Environmental Protection, as well as the United States Environmental Protection Agency.
(2)
Test procedures to determine whether maximum noises emitted by powered equipment or powered hand tools, sold or leased, or offered for sale or lease, meet the noise limits stated in Subsection G(12) above shall be in substantial conformity with standards and recommended practices established by the S.A.E. and the Pennsylvania Department of Environmental Protection, as well as the United States Environmental Protection Agency.
J.
Penalties. Any person, firm or corporation who shall
violate any provision of this section shall, upon conviction thereof,
be sentenced to pay a fine of not more than $600, and, in default
of payment, to imprisonment for a term not to exceed 30 days. Every
day that a violation of the section continues shall constitute a separate
offense.
