Township of East Manchester, PA
York County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of East Manchester 8-8-1989 by Ord. No. 8-8-89 (Ch. 52 of the 1988 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 75.
Peddling and soliciting — See Ch. 156.
Vehicles and traffic — See Ch. 231.

§ 137-1 Applicability.

The provisions of this chapter shall apply to any use or facility in the Township.

§ 137-2 General provisions.

No person shall make, continue or cause to be made or continued any noise disturbance.

§ 137-3 Prohibited acts.

The following acts and the causing thereof are declared to be noise disturbances and in violation of this chapter:
A. 
Operating, playing or permitting the operation or playing of any radio, television, phonograph, drum, musical instrument, sound amplifier, automobile stereo or high fidelity equipment or similar device which produces, reproduces or amplifies sound:
(1) 
At any time in such manner as to cause a noise disturbance across a lot line or between the hours of 10:00 p.m. of one day and 7:00 a.m. of the following day in such a manner so as to be audible across a lot line of the receiving land use; or
(2) 
In such a manner as to create a noise disturbance across such a lot line or at 50 feet from such source, whichever is less, when the source is operated in, from or on a motor vehicle or hand carried on a public right-of-way or public space; or
(3) 
In such a manner and at a time as to cause a noise disturbance and which disturbs the peace and quiet of the immediate neighborhood.
B. 
Engaging in loud or raucous yelling, shouting, hooting, whistling or singing on the public streets between the hours of 10:00 p.m. of one day and 7:00 a.m. of the following day; or at any time or place in such a manner as to cause a noise disturbance.
C. 
Operating or permitting the operation of any tools or equipment used in construction operations, drilling or demolition or other work or in the sweeping of parking lots in areas adjacent to residential districts or within 1,000 feet of residential districts between the hours of 9:00 p.m. of one day and 7:00 a.m. of the following day on weekdays and Saturdays or at any time on Sundays or legal holidays, such that the sound therefrom causes a noise disturbance across a residential lot line of the receiving land use, except for emergency work.
D. 
Loading, opening, closing or other handling of boxes, crates, containers, building material, garbage cans or other objects between the hours of 9:00 p.m. of one day and 7:00 a.m. of the following day in such a manner as to cause a noise disturbance across a residential lot line. This subsection shall not apply to municipal or utility services in or about the public right-of-way.
E. 
Owning, possessing, harboring or controlling 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 1/2 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 teases or provokes the animal or bird.
[Amended 11-15-1989 by Ord. No. 11-15-89B]
F. 
Offering for sale or selling by shouting or outcry or by other amplified or unamplified sound except between the hours of 7:00 a.m. of one day and 10:00 p.m. of the same day.
G. 
The removal or rendering inoperative by any person other than for purposes of maintenance, repair, replacement or other work of any muffler or sound-dissipating device or element of design or noise label of any product; the intentional moving or rendering inaccurate or inoperative of any sound-monitoring instrument or other device positioned by or for the Township or other governmental entity, provided that such device or the immediate area is clearly labeled or posted to warn of the potential illegality; and the use of a product which has had a noise label removed or rendered inoperative with knowledge or reason to know that such action has occurred.
H. 
Repairing, rebuilding or testing or otherwise working on any motorcycle or other motor vehicle, motorboat or aircraft in such a manner as to cause a noise disturbance across a lot line of the receiving land use.
I. 
Operating or permitting the operation of any electrically powered saw, drill, sander, grinder, lawn or garden tools, snowblower or similar devices used outdoors between the hours of 10:00 p.m. of one day and 7:00 a.m. of the following day so as to cause a noise disturbance across a lot line of the receiving land use.
J. 
Engaging in any other conduct or activity in such a manner and at such a time as to cause a noise disturbance and which disturbs the peace and quiet of the immediate neighborhood.
[Added 12-13-2011 by Ord. No. 2011-4]

§ 137-4 Motor vehicles.

The following provisions shall govern motor vehicle noise controls:
A. 
No person shall operate or cause to be operated a public or private motorcycle or other motor vehicle or any equipment attached to such a vehicle on a public right-of-way at any time in such a manner that the sound level emitted by the motorcycle or other vehicle or any equipment attached to such a vehicle exceeds the level set forth in the official Pennsylvania Department of Transportation Handbook of Vehicle Code Regulations, Chapter 450, Established Sound Levels, as promulgated under the Vehicle Code, P.L. 162, No. 81.[1]
[1]
Editor's Note: See 75 Pa.C.S.A. § 101 et seq.
B. 
No person shall operate or permit the operation of any motorcycle or other motor vehicle or any auxiliary equipment attached to such a vehicle for a period longer than 15 minutes in any hour which the vehicle is stationary, for reasons other than traffic congestion, anywhere within 150 feet of any residence or in such a manner as to cause a noise disturbance across a lot line of the receiving land use.
C. 
No person shall at any time sound a horn or other warning device except when necessary as a warning of a clear and present danger of imminent harm.
D. 
No person shall operate sound-amplifying equipment mounted on or attached to any motor vehicle at any time in such a manner as to exceed maximum permissible motor vehicle noise emissions.
E. 
No person shall operate or permit the operation of any motorcycle or other recreational motorized vehicle off-road for a period longer than 15 minutes in any hour anywhere within 150 feet of a residential structure or use or in such a manner as to cause a noise disturbance across a lot line of the receiving land use.
[Added 12-13-2011 by Ord. No. 2011-4]

§ 137-5 Evidence of disturbance.

The noise from any of the aforesaid prohibited acts that disturbs two or more residents or other owners in use or occupancy who are in agreement as to the times and durations of the noise and who occupy separate residences or other buildings, including apartment, townhouses and the like, located across the lot line of the receiving land use shall be prima facie evidence of a noise disturbance.

§ 137-6 Sound pressure levels.

A. 
In addition to the standards set forth elsewhere in this subsection, the maximum sound pressure level radiated by any use or facility (other than transportation equipment) at any lot line shall not exceed the values in the designated octave bands given in Table I after applying the corrections shown in Table II below.
B. 
The sound pressure level shall be measured with a sound level meter and associated octave bank analyzer conforming to standards prescribed by the American Standards Association. (American Standard Sound Level Meters for Measurement of Noise and Other Sounds Z24, 3-1954, American Standard Specifications for an Octave-Bank Filter Set for the Analysis of Noise and Other Sounds Z24, 10-1953, American Standards Association Inc., New York, New York, shall be used.)
C. 
Maximum permissible sound-pressure levels at the lot line for noise radiated continuously from a facility between the hours of 9:00 p.m. and 7:00 a.m.:
Table I
Frequency Band
(cycles per second)
Sound Pressure Level
(decibels re 0.0002 dyne/cm)
20 to 75
69
75 to 150
60
150 to 300
56
300 to 600
51
600 to 1,200
42
1,200 to 2,400
40
2,400 to 4,800
38
4,800 to 10,000
35
If the noise is not smooth and continuous and is not radiated between the hours of 9:00 p.m. and 7:00 a.m., one or more of the corrections in Table II shall be applied to the decibel levels given in Table I.
Table II
Type of Location of Operation
or Character of Noise
Corrections in Decibels
Daytime operation only
+5
Noise source operates less than:
20% of any one-hour period
+5*
5% of any one-hour period
+10*
1% of any one-hour period
+15*
Noise of impulsive character (hammering, etc.)
-5
Noise of periodic character (hum, screech, etc.)
-5
NOTES:
*Apply one of these corrections only.

§ 137-7 Blasting.

Blasting shall conform to all state regulations of the Environmental Quality Board or other state regulatory agencies for noncoal surface mining promulgated pursuant to the Noncoal Surface Mining Conservation and Reclamation Act, 52 P.S. § 3301 et seq. Those regulations shall apply to all blasting in the Township, whether or not the use would otherwise come under the authority of said regulations or Act, and the Township specifically adopts those standards which are now in place or shall be adopted from time to time.

§ 137-8 Exemptions.

The following sounds are exempt from the provisions of this chapter:
A. 
Band concerts, church carnivals 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 chapter, provided that such activities do not produce sound 15 dBA in excess of the sound levels set forth in § 137-6 herein and do not occur between 11:00 p.m. on one day and 10:00 a.m. on the following day.
B. 
Sounds caused by the performance of emergency work or by the ordinary and accepted use of emergency apparatus and equipment.
C. 
Sounds resulting from the repair or replacement of any municipal or utility installation in or about the public right-of-way.
D. 
Sounds not electronically amplified, created by organized school-related programs, activities, athletic and entertainment events or other public programs, activities or events other than motor vehicle racing events.
E. 
Sounds made by warning devices, including fire sirens, horns or alerting devices, operating continuously for three minutes or less, except that in the event of an actual emergency, the time limitation shall not apply.

§ 137-9 Definitions.

[Added 11-15-1989 by Ord. No. 11-15-89B]
As used in this chapter, the following terms shall have the meanings indicated:
LOT LINE
Any division between lots appearing on a deed or deeds or subdivision or land development plan, as well as individual lots in a mobile home park, and in the case of apartments or other multiple dwellings or buildings on a single lot or tract of land, "lot line" shall be defined as the walls, ceiling or roof of the receiving apartment, dwelling or building.

§ 137-10 Violations and penalties.

[Added 11-15-1989 by Ord. No. 11-15-89B; 5-14-1996 by Ord. No. 5-14-96; 2-19-1997 by Ord. No. 2-19-97A[1]]
Any person who violates any provisions of this chapter shall commit a criminal offense, and shall, upon being found guilty by a Magisterial District Judge, after hearing, pay a fine not to exceed $1,000, together with all court costs as permitted by law. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day of violation shall constitute a separate offense, which shall be subjection to prosecution as such. For purposes of this section, the Board of Supervisors of East Manchester Township hereby appoints the Township Manager, Secretary, Zoning Officer, Permit Officer or Codes Enforcement Officer as authorized representatives, any one of whom, in addition to any police officer with jurisdiction within the Township, may commence and pursue enforcement proceedings pursuant to this section.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).