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Township of Londonderry, PA
Dauphin County
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[See also Chapter 5, Part 2, Property Maintenance Code]
[Ord. 2011-3, 9/6/2011]
The Board of Supervisors of the Township of Londonderry, finding that excess levels of sound from Pennsylvania Liquor Control Board licensed facilities are detrimental to the physical, mental and social well-being of the citizens as well as to their comfort, living conditions, general welfare and safety, and being therefore a public harm and welfare hazard, hereby declares it to be necessary to provide for greater control and more-effective regulation of excessive sound from the sources of excessive sound within the Township of Londonderry specifically related to Pennsylvania Liquor Control Board licensed facilities.
[Ord. 2011-3, 9/6/2011]
This Part 1 shall be known as the "Londonderry Township Noise Control Ordinance."
[Ord. 2011-3, 9/6/2011]
The following words, terms and phrases, when used in this Part 1, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
The all-encompassing noise associated with a given environment, being usually a composite of sounds from many sources near and far.
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)."
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).
Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage.
Any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency.
Sound of short duration, usually less than one second, with an abrupt onset and rapid decay. Examples of impulsive sound include explosions, drop forge impacts and the discharge of firearms.
Any sound which annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans or is plainly audible across boundary lines.
Any sound which endangers or injures the safety or health of humans or animals; annoys or disturbs a reasonable person of normal sensitivities; and/or endangers or injures personal or real property, that is in excess of the sound levels for a Pennsylvania Liquor Control Board licensed facility established in § 105 for Pennsylvania Liquor Control Board licensed facilities.
The Pennsylvania Liquor Control Board, a Pennsylvania state agency established by and under the authority of the Commonwealth of Pennsylvania.
A business licensed by the Pennsylvania Liquor Control Board to sell alcoholic beverages for consumption on and/or off premises and regulated by the PLCB.
Any individual, association, limited liability company, 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, a person includes 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.
Any imaginary line drawn through the points 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 officer.
Any street, avenue, boulevard, highway, sidewalk, alley or similar place which is owned or controlled by a governmental entity.
Any real property or structures thereon which are owned or controlled by a governmental entity.
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.
An oscillation in pressure, particle displacement, particle velocity or other physical parameter, in a medium with internal forces that causes compression and rarefaction of the medium or the superposition of such proragated oscillation which evokes an auditory sensation. The description of sound may include any characteristics of such sound, including duration, intensity and frequency.
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 51.4-1971, or the latest revision thereof). If the frequency-weighting employed is not indicated, the A-weighting shall apply.
An instrument which includes a microphone, amplifier, RMS detector, integrator or time average, output meter and any applicable weighting network, used to measure sound-pressure levels, which meets or exceeds the requirements for a Type I or Type II sound-level meter as specified in ANSI Specifications S1.4-19071. The manufacturer's published indication of compliance with such specifications shall be prima facia evidence of such compliance.
The land use established by Chapter 27, Zoning, of the Code of Ordinances of the Township of Londonderry, and all subsequent amendments.
[Ord. 2011-3, 9/6/2011]
Specific Prohibitions. The following acts and the causing thereof are declared to be noise disturbances and therefore in violation of this Part 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, or high-fidelity equipment, or similar device which produces, reproduces or amplifies sound, at any time in such a manner as to cause a noise disturbance across a property line (boundary), between the hours of 12:00 midnight and 8:00 a.m., so as to be plainly audible in excess of maximum permissible sound levels, across a property line (boundary).
Yelling and shouting: engaging in loud or raucous yelling, shouting, hooting, whistling or singing between the hours of 12:00 midnight and 8:00 a.m. or at any time or place in such a manner as to create a noise disturbance in excess of maximum permissible sound levels.
[Ord. 2011-3, 9/6/2011]
No PLCB-licensed facility shall operate or cause to be operated any source of sound in such a manner as to create a sound level which exceeds 67 dB(A) when measured at or across the property line (boundary) from the noise source. Any sound source, whether stationary or nonstationary, that produces sound in excess of those levels shall constitute a noise disturbance.
When Exceeded. The sound level limit of 67 dB(A) shall be exceeded when any one or more of the following occur:
The sound at any one point in time exceeds 67 dB(A) by a measured sound level of 15 dB(A); or
The sound exceeds 67 dB(A) by a measured sound level of 10 dB(A) for a cumulative period of one minute or more out of any ten-minute period.
Ambient Sound. In the event that the background ambient sound levels in an area of suspected noise disturbance exceed 67 dB(A), the sound level of the intrusive sound source shall be measured with the ambient background sound level being substituted for 67 dB(A).
Where Measured. For the purpose of this section, sound shall be measured at or beyond the property line (boundary) of the property on which the noise source is located.
Measuring Instrument. All sound measurements shall be made on a sound-level meter calibrated in the manner required by the manufacturer's specifications.
[Ord. 2011-3, 9/6/2011]
The following sounds are exempted from the provisions of this Part 1:
Amplified announcements: electronically amplified announcements at athletic events.
Concerts, etc.: band concerts, block parties, 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 Part 1, provided that:
Such activities do not produce sound 15 dB(A) in excess of the sound levels set forth in § 105 of this Part 1;
Such activities do not occur between the hours of 12:00 midnight and 8:00 a.m.; and
Authorization to hold the functions was approved by the Board of Supervisors.
Fireworks displays presented in any public or private space outdoors shall be exempt from the provisions of this Part 1, provided that authorization to hold the function was preapproved by the Board of Supervisors.
Shooting range and related activities located at the Middletown Hunters and Anglers facility on Schoolhouse Road.
[Ord. 2011-3, 9/6/2011]
Authority for Enforcement. This Part 1 shall be enforced by the Township of Londonderry Code Enforcement Department.
Penalties. Any person violating any provision of this Part 1 shall, upon conviction thereof in a summary proceeding, be sentenced to pay a fine of not less than $250 nor more than $1,000 for each and every offense, plus costs and reasonable attorneys' fees, as other fines and costs are by law collectible, or shall be imprisoned for not more than 90 days, or both. Each day during which any person violates any provision of this Part 1 shall constitute a separate offense.