[HISTORY: Adopted by the Borough Council
of the Borough of Yeadon 7-20-2000 by Ord. No. 1276 (Ch. 665 of the 1995
Code). Amendments noted where applicable.]
All terminology not specifically defined in
this section shall be in conformity with applicable publications of
the American National Standards Institute (ANSI) or its successor
body. In addition, as used in this chapter, the following terms shall
have the meanings indicated:
The sound pressure level of the all-encompassing noise associated
with a given environment, usually being a composite of sounds from
many sources, and/or the A-weighted sound pressure level exceeded
90% of the time/L90 based on a one-hour period.
The sound pressure level as measured in decibels on a sound
level meter using the A-weighting network. The level so read shall
be designated "dB(A)" or "dBA."
A steady, fluctuating or impact noise which exists, essentially
without interruption, for one hour or more.
A steady, fluctuating or impulsive noise which may or may
not contain a pure tone and which varies in sound pressure level such
that the same level is obtained repetitively at reasonably uniform
intervals of time.
A logarithmic (dimensionless) unit of measure often used
in describing the amplitude of sound. Decibel is denoted "dB."
Any municipal agency.
Any mechanism which is intended to produce or which actually
produces noise when operated or handled.
A motor vehicle used in response to a safe condition following
a public calamity or to protect persons or property from imminent
danger.
Work made necessary to restore property to a safe condition
following a public calamity, work to restore public utilities or work
required to protect persons or property from an imminent exposure
to danger.
A noise for which the sound pressure level varies more than
six dB(A) during the period of observation when measured which does
not equal the previously existing ambient noise level more than once
during the period of observation.
Any vehicle which is propelled or drawn by mechanical equipment,
including, but not limited to, passenger cars, trucks, truck trailers,
semi-trailers, campers, motorcycles, minibikes, go-carts, snowmobiles,
amphibious craft on land, dune buggies or racing vehicles.
Any apparatus consisting of baffles or chambers of acoustical
absorbing materials whose primary purpose is to transmit liquids or
gases while causing a reduction in sound emission at one end.
Any sound which is unwanted or which causes or tends to cause
an adverse psychological effect on human beings.
Any sound which annoys, disturbs or perturbs reasonable persons
with normal sensitivities, or any sound which injures or endangers
the comfort, repose, health, hearing, peace or safety of another person.
Any individual, association, partnership or corporation,
and includes any officer, employee, department, agency or instrumentality
of the United States, a state or any political subdivision of a state.
Any noise for which the information content of that noise
is unambiguously communicated to the listener, including, but not
limited to, understandable spoken speech or comprehensible rhythms.
Any powered vehicle, either airborne or land-borne, which
is not designed to carry persons or property, including, but not limited
to, model airplanes, boats, cars or rockets, and which can be propelled
by mechanical means.
Any imaginary line at the ground surface, and its vertical
extension, which line separates the real property owned by one person
from that owned by another person.
Any street, avenue, boulevard, highway, alley or similar
place which is owned or controlled by a public governmental entity.
Any noise which can be distinctly heard as single pitch or
as a set of single pitches. For the purpose of measurement, a pure
tone exists when the 1/3 octave band sound pressure level of the tone
exceeds the arithmetic average of the sound pressure levels of the
two contiguous 1/3 octave bands by five dB for frequencies of 500
hertz and above, by eight dB for frequencies between 160 and 400 hertz
and by 15 dB for frequencies less than or equal to 125 hertz.
Any noise which is composed of impulsive noises that are
repeated at sufficiently slow rates such that a sound level meter
set at fast meter characteristics will show changes in sound pressure
level greater than two dB(A).
A temporal and spatial oscillation in pressure or other physical
quantity, in a medium with internal forces, that causes compression
and rarefaction of that medium and that propagates at finite speed
distance points.
An instrument, which includes a microphone, amplifier, RMS
detector, integrator or time averager, output meter and weighing networks,
used to measure sound pressure levels.
The instantaneous difference between the actual pressure
and the average or barometric pressure at a given point in space.
Any device, excluding a device attached to a motor vehicle,
used to alert persons engaged in emergency operations. These include,
but are not limited to, firefighters, first-aid squad members and
law enforcement officers, whether paid or volunteer.
Any device, fixed or movable, which is located or used on
geographically defined real property, other than a public right-of-way.
A sound pressure level which remains essentially constant
during the period of observation, i.e., the fluctuations are too small
to meet the criterion for fluctuating noise.
Prevailing time.
A.
The Police Department and the Health Officer of the
Borough shall enforce this chapter.
B.
A violation of any of the provisions of this chapter
shall be cause for a summons and complaint to be issued forthwith.
However, if the noise source is not a motor vehicle moving on a public
right-of-way, then, in lieu of a summons and complaint, enforcement
personnel may issue a notice, in writing, which notice may be served
personally or by certified mail to the last known address of the person
in charge or control of the device, building or premises on which
a violation exists. The notice shall state the nature of the violation
and a specific time period for the correction and abatement of the
violation. No person shall fail to comply with the notice so issued.
C.
In order to implement the purpose of this chapter,
the Police Department and the Health Officer may:
(1)
Conduct, or cause to be conducted, studies, research
and monitoring related to noise;
(2)
Conduct programs of public education regarding the
cause and effects of noise, but not giving specific advice for its
abatement, and encourage the participation of public interest groups
in related public information efforts;
(3)
For reasonable cause, and upon presentation of proper
credentials, enter any building, property, premises or place and inspect
any noise source for the purpose of ascertaining compliance or noncompliance
with this chapter, or have access to and require the production of
books and papers pertinent to any matter under investigation;
(4)
Require the owner or operator of any noise source
to establish and maintain records and make such reports as the Borough
may reasonably prescribe; and
(5)
Require the owner or operator of any noise source
to measure the noise emission therefrom in accordance with such methods
and procedures and at such locations and times as the Borough may
reasonably prescribe.
A.
No person shall make or continue or cause to be made
or continued any excessive or unusually loud noise, or create a noise
disturbance in the Borough.
B.
The following acts are hereby declared to be loud,
disturbing or excessive noises and/or noise disturbances in violation
of this chapter, but such enumeration shall not be deemed to be exclusive:
(2)
Radio, television sets and similar devices.
(a)
Operating or permitting the use or operation
of any radio receiving set, musical instrument, television, phonograph,
drum or other device for the production of sound in such a manner
as to cause a noise disturbance; or
(b)
Operating any such device between 10:00 p.m.
and 8:00 a.m. of the following day in such a manner as to be plainly
audible across real property boundaries, through partitions common
to two parties within a building or at a distance of 50 feet from
such device when operated within a motor vehicle parked on a public
right-of-way or on a public space.
(3)
Exterior loudspeakers. Using or operating any mechanical
device or loudspeaker in a fixed or movable position exterior to any
building or mounted upon any aircraft or motor vehicle, such that
the sound therefrom is plainly audible at or beyond the property boundary
of the source or on a public right-of-way between 6:00 p.m. and 8:00
a.m. of the following day.
(4)
Animals. Owning, keeping, possessing or harboring
any animal which, by frequent or habitual howling, barking, meowing,
squawking or other noise, causes a noise disturbance. This subsection
applies to all private or public facilities, including animal pounds,
which hold or treat animals.
(5)
Loading operations. Loading, unloading, opening or
otherwise handling boxes, crates, containers, garbage cans or similar
objects between 6:00 p.m. and 8:00 a.m. of the following day in such
a manner as to cause a noise disturbance.
(6)
Construction noise. Operating or causing the operation
of any equipment used in commercial construction, repair, alteration
or demolition work on buildings, structures, streets, alleys or appurtenances
thereto in any land use category between 6:00 p.m. and 7:00 a.m. of
the following day.
(7)
Vehicle repairs or testing. Repairs, rebuilding, modifying
or testing any motor vehicle, off-road vehicle or motorboat in or
near a residential use district in such a manner as to cause a noise
disturbance or a violation of this chapter.
(8)
Places of public entertainment. Operating or permitting
the operation of any loudspeaker or other source of sound in any place
of public entertainment, which loudspeaker or other source of sound
produces a maximum sound pressure level of 90 dB(A) at any point that
is normally occupied by a human being as read with the slow response
on a sound level meter, without a conspicuous and legible sign located
outside such place, near the entrance, stating "WARNING: SOUND ENVIRONMENT
WITHIN MAY CAUSE TEMPORARY HEARING IMPAIRMENT WHICH MAY BECOME PERMANENT
WITH CONTINUED EXPOSURE."
(9)
Powered model vehicles. Operating or permitting the operation of powered model vehicles between 6:00 p.m. and 8:00 a.m. of the following day. Maximum sound pressure levels during the permitted period of operation shall conform to those set forth in § 200-4 and shall be measured at the property boundary of the source. Powered model vehicles shall not be operated on public property.
(10)
Refuse-compacting vehicles. Operating or permitting
the operation of any motor vehicle which can compact refuse and which
creates, during the compacting cycle, a disturbing noise between 9:30
p.m. and 7:30 a.m. of the following day in any business district,
shopping center district, special use district or industrial district
if an establishment therein abuts within 100 feet of a residentially
zoned property upon which there is a residence building.
(11)
Bells and alarms. Sounding or permitting the
sounding of any exterior burglar alarm on any building or motor vehicle,
unless such burglar alarm terminates its operation within 15 minutes
of its being activated.
(12)
Stationary emergency signaling devices. Testing
of only the electromechanical functioning of a stationary emergency
signaling device between 6:00 p.m. and 8:00 a.m. of the following
day. Such testing shall occur at the same time each day that a test
is performed and shall only use the minimum cycle test time.
(13)
Power tools. Operating or permitting the operation
of any powered saw, sander, drill, grinder, garden equipment or tools
of like nature, used primarily for domestic purposes, outdoors in
residential zones between one hour after sunset and 8:00 a.m. of the
following day.
A.
No person shall operate or permit to be operated any stationary source of noise in such a manner as to create a sound pressure level which exceeds the limits set forth for the receiving land use in the table contained in Subsection B hereof when measured at the property boundary. When a noise source can be identified and its noise can be measured in more than one land use category, the limits of the most restrictive use shall apply at the boundaries between different land use categories.
B.
For any source of sound which emits a pure tone or
impulsive sound, the maximum sound level limits set forth in the following
table shall be reduced by five dB(A):
|
Receiving Land Use Category
|
Time
|
Sound Pressure Level Limit in dB(A)
|
|---|---|---|
|
Residence district
|
8:00 a.m. to 10:00 p.m.
|
55
|
|
Apartment district
|
10:00 a.m. to 8:00 a.m.
|
50
|
|
Business district
|
All times
|
60
|
|
Shopping center district
|
All times
|
60
|
|
Special use district
|
All times
|
60
|
|
Industrial district
|
All times
|
65
|
A.
No person shall operate a motor vehicle on a public
right-of-way at any time in such a manner that the sound pressure
level emitted by such vehicle exceeds the levels set forth in the
following table when measured at the property line. This section shall
apply to all motor vehicles, whether publicly or privately owned,
that are duly licensed.
|
Sound Pressure Level in dB(A)
| ||
|---|---|---|
|
Vehicle Class
|
Speed Limit 35 mph or Less
|
Speed Limit 35 mph or More
|
|
Federally registered interstate motor carrier
|
86
|
90
|
|
All motor vehicles with manufacturers gross
vehicle rating of 10,000 pounds or more, and any combination of vehicles
towed by such vehicle
|
92
|
96
|
|
Motorcycles
|
88
|
92
|
|
Any other motor vehicle and any combination
of vehicles towed by such motor vehicle
|
82
|
88
|
B.
For the purposes of such table, the standard measurement
height shall be four feet (1.2 meters) and the standard horizontal
measurement distance from the center line of the traffic lane being
monitored shall be 50 feet (15 meters). Whenever it is not feasible
to use 50 feet, the distance may be shortened to 25 feet (7.5 meters),
in which case the values of such table shall be increased by six dBA
C.
No person shall operate or cause to be operated any motorized vehicle off a public right-of-way in such a manner that the sound pressure level therefrom exceeds that stated in the table contained in § 200-4 when measured at the property line. Recreational motorized vehicles shall not be operated in public parks.
A.
Noise caused in the performance of emergency work
for the immediate safety, health or welfare of the community or individuals
of the community, or to restore property to a safe condition following
a public calamity, shall not be subject to this chapter. Nothing in
this section shall be construed to permit law enforcement, ambulance,
fire or other emergency personnel to make excessive noise in the performance
of their duties when such noise is clearly unnecessary. The use of
stationary emergency signaling devices shall be for emergency use
only.
B.
Council may grant specific and temporary exceptions
to this chapter upon receipt of a written application requesting such
exception. The application shall state the nature of the violation
and the reason for the request. No exception shall be granted for
a period exceeding one year from the date of the request.
C.
Any person affected by any noise source for which
an application for an exception has been filed may submit information
to Council in favor of or in opposition to the proposed exception.
D.
Notice of requests for exceptions shall be advertised
in a local newspaper of general circulation, and persons residing
within 200 feet of the location of the exception shall be notified
of the request by certified mail.
E.
A public hearing shall be held within 30 days of receipt
of the request and a decision shall be rendered by Council within
60 days of the hearing.
The operation or maintenance of any noise source
in violation of any of the provisions of this chapter shall be deemed
to be a public nuisance and may be subject to abatement summarily
by a restraining order or injunction issued by a court of competent
jurisdiction or in any other manner available for the abatement of
public nuisances.
A.
Any remedy available pursuant to this chapter shall
be considered separate and not exclusive of any other remedy available
under this chapter.
B.
Nothing in this chapter shall be construed to impair
any cause of action or legal remedy of any person for injury or damage
arising from a violation of this chapter.
Whoever violates or fails to comply with any
of the provisions of this chapter shall be fined not less than $25
nor more than $300 or imprisoned not more than 30 days, or both, for
each offense. A separate offense shall be deemed committed each day
during or on which a violation or noncompliance occurs or continues.
