[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.]
The provisions of this chapter shall apply to
any use or facility in the Township.
No person shall make, continue or cause to be
made or continued any noise disturbance.
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]
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]
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.
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.
| ||
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.
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.
[Added 11-15-1989 by Ord. No. 11-15-89B]
As used in this chapter, the following terms
shall have the meanings indicated:
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.
[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.
