[Adopted 10-16-2000 by Ord. No. 738]
The purpose of this article is to ensure that
the public health, safety and welfare shall not be abridged by the
making and creating of noise pollution or of public nuisance from
disturbing, excessive or offensive noises in the Township. The residents
of the Township recognize that uncontrolled noise represents a danger
to the health and welfare of their neighbors and that each person
in the community is entitled to live in an environment in which the
level of impulsive and amplified noise is minimized for the community
good. It is the purpose and scope of this article to provide regulations
defining the maximum sound levels that events, vehicles, appliances
and equipment shall be allowed to produce at specified distances from
these events and devices, and also to provide for the prohibition
of other kinds of offensive noises. These regulations and prohibitions
are intended to protect the physical, mental and social well-being
of the residents of the Township of Tinicum.
The Commissioners of the Township of Tinicum
find that the failure of individuals, businesses, industries, persons
maintaining animals, social gatherings and other events and activities
to regulate the noise emanating from their premises constitutes a
violation of the peace and enjoyment of the residents of the Township
and a public nuisance. Specifically, such noise emanating from home
occupations, businesses, industries, equipment and engines, public
gatherings and events, sound amplification equipment, musical equipment,
radios, electronic sound recording equipment, vehicles, persons, maintaining
animals, social gatherings, concerts, public and private events, and
other activities:
A.
Creates a nuisance in that residents are deprived
of the enjoyment of their homes, disturbed in their sleep, and otherwise
prevented from the quiet enjoyment of their residential premises;
B.
Affects the property values of residences in the residential
district of the Township;
C.
Affects the public welfare by reflecting negatively
on the residential districts established for the Township;
D.
Disturbs the peace and good order of the Township;
and
E.
Creates noise pollution.
The following words and phrases, when used in
this article, shall have, unless the context clearly indicates otherwise,
the meanings given to them in this article. All acoustical terminology
shall be interpreted in accordance with that contained in ANSI S1.1,
"Acoustical Terminology." All other words and terms not defined herein
shall be used with a meaning of standard usage.
American National Standards Institute, or its successors.
A unit of sound level which is a division of a logarithmic
scale used to express the ratio of the sound pressure of the source
to the pressure of an arbitrarily chosen reference pressure; the ratio
is expressed on the decibel scale by multiplying its base 10 logarithm
by 20.
A sound which is: (1) injurious or which unreasonably interferes
with the comfortable enjoyment of life and property; or (2) annoying
to a person of ordinary sensibilities. Measured noise levels in excess
of limits established in these regulations or those specified in valid
special activity permits are declared to be excessive noise.
A noise whose sound level varies significantly with time.
Characterized by brief excursion 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.
9:00 p.m. to 7:00 a.m., prevailing time.
Any sound emitted by a person, animal, appliance, equipment,
engine, instrument or other device.
Airborne sound levels expressed in dB and obtained by the
use of specific frequency dependent weighting networks, as specified
in the referenced standards and indicated by proper notation; if "A"
weighting is employed, the sound level is identified as dB(A).
Noise 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 or which unreasonably interferes
with the enjoyment of property or with any lawful business or activity.
Noise/sound pressure levels exceeding those permitted in any district
shall constitute "noise pollution."
A social gathering, or event, concert or musical activity.
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 the observation must be for a given expected accuracy of
measurement.
Includes an individual, firm, association, organization,
partnership, trust company, corporation or any other similar entity.
Society of Automotive Engineers.
Noise level.
An instrument or combination of instruments which meet or
exceed the requirements for an ANSI Type SIA or Type S2A sound level
meter.
A noise whose level remains essentially constant (i.e., fluctuations
are less than five dB during the period of observation) is a steady
noise.
The Township of Tinicum.
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, trains,
buses, motorcycles, motorized bicycles, snowmobiles, scooters, all-terrain
vehicles, go-carts, racers and like devices, farm machinery, industrial
machinery, highway graders, trailers, graders and semi-trailers, trash
trucks, and trash/waste dumpsters.
Those districts as set forth on the Zoning Map of the Township.
The following limits are established for noise
in the Township:
A.
General standards. No person shall create or allow
the creation of any noise or operate or cause to be operated any source
of sound on property owned, leased, occupied or otherwise controlled
by such person, which causes the sound level, when measured at or
beyond the boundaries of the lot on which such activities take place,
to exceed the noise levels specified below for the various zoning
districts:
|
Zoning Districts
|
Noise Level
| |
|---|---|---|
|
All residential districts
|
65 dB(A)
| |
|
All other zoning districts
|
65 dB(A)
|
B.
Special regulations. No person shall create or permit
to be created any sound which can be heard at the residence of any
neighbor in any residential district as follows:
(1)
Any amplified sound.
(2)
Any repetitive animal sound.
(3)
Sound from a party exceeding 65 dB(A).
(4)
Sound from an appliance, engine, or equipment exceeding
65 dB(A) except where exempted below.
(5)
Sound from any commercial or industrial activity whether
located in a residential or other district.
(6)
No trash trucks shall pick up trash or debris, nor
shall there be delivery and/or pickup of trash and waste dumpsters
before 7:00 a.m. and after 9:00 p.m. any day.
C.
Vehicles. 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 of deceleration in such
a manner as to exceed the following noise limits for the category
of minor vehicles based on a distance of 50 feet from the center of
the lane traveled on within the speed limit specified in this section
under test procedures established by this article:
|
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)
| ||
D.
Equipment. 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 50 feet, under test procedures
established by this article:
|
Type of Equipment
|
Noise Limit
| ||
|---|---|---|---|
|
Construction and industrial machinery, such
as crawler-tractors, dozers, rotary drills and augers, engines, loaders,
power shovels, cranes, derricks, motor graders, paving machines, off-highway
trucks, ditchers, trenchers, compactors, scrapers, pavement breakers,
truck loaders, conveyor belts, stone crushers, compressors and pneumatic
power equipment, but not including pile drivers
|
86 dB(A)
| ||
|
Agricultural tractors and equipment
|
86 dB(A)
| ||
|
Powered commercial equipment of 2 hp 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 lawn mowers, small lawn and garden tools,
riding tractors, snow removal equipment
|
70 dB(A)
| ||
Noise emitted from the following sources shall
be exempt from the noise standards specified herein:
A.
All safety signals and warning devices (e.g., intrusion
alarms, backup alarms on trucks); authorized vehicles when responding
to emergencies (e.g., police, fire, ambulance sirens) or any other
devices used to alert persons to an emergency or used during the conduct
of emergency work.
B.
The provision, repair and maintenance of municipal
services or public utilities.
C.
Bells, chimes and carillons used for religious purposes
or in conjunction with national celebrations or public holidays; existing
bells, chimes and carillons that are currently in use for any purpose.
D.
Appliance, lawn and garden equipment, snow removal
equipment and household power tools in use between the hours of 7:00
a.m. (prevailing time) and 9:00 p.m. (prevailing time), provided such
are operated within the manufacturer's specifications and with all
standard noise-reducing equipment in use, unmodified, and in proper
operating condition.
E.
Heavy construction equipment when being used for a
relatively short period of time on a specific short-term project (such
as constructing a building; constructing, repairing or cleaning a
road; drilling a well; and other similar short-term specific construction,
demolition or repair projects) in use between the hours of 7:00 a.m.
and 6:00 p.m., prevailing time, for the duration of such short-term,
specific project; provided, such heavy construction equipment is operated
within the manufacturer's specifications and with all standard noise-reducing
equipment in use, unmodified and in proper operating condition.
F.
Air conditioners, fans, heating units and similar
comfort devices, provided such are operated within the manufacturer's
specifications and reasonable measures are taken to reduce noise levels
as approved by the Noise Enforcement Officer.
G.
Airplanes, helicopters and normal activities of properly
licensed airports.
H.
Musical, recreational and athletic events conducted
by or permitted by schools or local government.
I.
Motorcycle operation when being used with factory
specified, installed and properly operating mufflers.
J.
The personal use of firearms on private property for
hunting, target practice or other lawful personal recreational use,
not involving any commercial activity or any private or public club,
or any organized nonprofit, fraternal or social activity.
K.
Activities permitted by special waiver, as provided
herein, according to the terms and conditions of said waiver; activities
conducted in accordance with a special activity permit approved by
the Board of Township Commissioners.
A temporary waiver from strict compliance with
the noise standards specified herein may be granted to persons during
emergency circumstances, as determined in advance by the Township
Code Enforcement Officer upon application to permit reasonable time
to effect repairs and/or adjustments to equipment, appliances, instruments
and other sound-emitting devices which, when in use, exceed the noise
level limits, provided that the use of such devices shall be essential
to preserve and protect health and safety or to comply with other
lawful rules, regulations and ordinances.
For the administration of this article, the
Board of Commissioners shall appoint the Township Code Enforcement
Officer(s) or police officers who shall not hold any elective office
in the Township and who shall be qualified by training and experience
to perform the necessary measurements and procedures required to determine
violations of this article. The duties of the Code Enforcement Officer(s)
or police officers shall be:
A.
To make inspections and observations of noise conditions,
and to investigate complaints.
B.
To issue all warnings, citations, and special waivers
as provided herein, and to undertake all other activities necessary
for the enforcement and administration of this article.
C.
To prepare and maintain records of all activities
undertaken in the course of the administration or enforcement of this
article.
This article may be enforced by the Township
Code Enforcement Officer(s) or any police officer.
The following procedures and penalties are prescribed
for enforcement of this article:
A.
First offense. If it is determined by a sound level
meter reading that a noise level is in excess of the levels prescribed
by this article, the Township shall, upon written complaint by the
affected person, issue a written warning to the person responsible.
Any such warning shall be in effect for 90 days.
B.
Second and subsequent offenses. If it is determined
by a sound level meter reading that a noise level is in excess of
the levels permitted by this article which shall have been caused
or permitted by any person within 90 days after the issuance of a
warning for a first offense, the Township may prosecute the same before
the Magisterial District Judge.
C.
Injunctions. In addition, the Code Enforcement Officer(s)
or police officers, after obtaining approval by the Board of Commissioners,
may file legal or equitable actions in court in the name of the Township
to abate or enjoin violations of this article.
D.
Public nuisance. Any emission of noise from any source
in excess of the limitations established herein is hereby declared
to be a public nuisance and may be abated by administrative or judicial
proceedings, fines, and penalties herein provided.
E.
Other remedies. Nothing in this article 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.
F.
Noise pollution. This article is enacted as an ordinance
for protection of the public health and safety and for the control
of noise pollution in the Township.
The provisions of this article are not intended
to interfere with, abrogate or annul other Township or state rules,
regulations or ordinances, including Title 18 (Crimes Code), Title
75 (Vehicle Code), and Title 34 (Game Commission) of the Pennsylvania
Consolidated Statues. If more stringent requirements concerning noise
abatement are contained in the other statutes, rules, regulations
or ordinances, the more stringent regulation shall apply.
Any person, firm or corporation who shall violate any provision of this article, §§ 217-7 through 217-16, as well as any provision of §§ 217-1 through 217-5 of the Code of the Township of Tinicum, shall, upon conviction thereof by action brought before a Magisterial District Judge in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, be sentenced to pay a fine of not more than $1,000, and, in default of payment, to imprisonment to the extent allowed by law for the punishment of summary offenses. A separate offense shall arise for each day or portion thereof in which a violation is found to exist or for each section of the article which is found to have been violated.
