[HISTORY: Adopted by the Borough Council of the Borough of Trappe 9-7-2004 by Ord. No. 379. Amendments noted where applicable.]
It is the purpose and scope of this chapter to provide regulations defining the maximum sound levels that vehicles, appliances and equipment shall be allowed to produce at specified distances from these devices and also to provide for the prohibition of other kinds of prohibited noises. These regulations and prohibitions are intended to protect the physical, mental and social well-being of the residents of the Borough of Trappe.
This chapter shall apply:
The following devices are exempt from the provisions of these regulations:
All acoustical terminology shall be that contained in ANSI SI.1 "Acoustical Terminology."
As used in this chapter, the following terms shall have the meanings indicated:
- American National Standards Institute or its successors.
- Any device or combination of devices used or capable of being used as a means of accomplishing a desired end, such as a window air conditioning unit.
- The twenty-four-hour period starting at local midnight.
- 6:00 a.m. to 6:00 p.m.
- DECIBEL (dB)
- A unit of sound level which is a division of logarithmic scale used to express the ratio of the sound intensity of the source to the intensity of arbitrarily chosen reference intensity. The ratio is expressed on the decibel scale by multiplying its "base 10 logarithm" by 10.
- Any devices or combination of devices to accomplish a desired end, such as a chainsaw, bulldozer, etc.
- EXCESSIVE NOISE
- Excessive noise is that sound which is:
- FLUCTUATING NOISE
- A fluctuating noise is a whose sound level varies significantly with time.
- IMPULSIVE NOISE
- Impulsive noise is characterized by brief excursions of sound level. The duration of a single impulse is usually less than one second.
- INTERMITTENT NOISE
- An intermittent noise is 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.
- Noise is any sound emitted by a person, animal, vehicle, appliance, equipment or other devise and its environmental interaction.
- ORDINANCE ENFORCEMENT OFFICER
- Any person appointed by the Borough of Trappe with responsibility to enforce municipal ordinances.
- Either the owner or operator of vehicles, appliances, equipment or devices.
- PERIOD OF OBSERVATION
- 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 must be the observation time for a given expected accuracy of measurement.
- Society of Automotive Engineers.
- SOUND LEVEL (NOISE LEVEL)
- Airborne sound levels are expressed in dB and obtained by the use of specific frequency dependent weighting networks, as specified in the referenced standards. If the A-weighting is employed, the sound level is identified as dB(A).
- SOUND LEVEL METER
- A sound level meter is an instrument, or combination of instruments, which meets or exceeds the requirements for an ANSI Type SIA or Type 82A Sound Level Meter.
- STEADY NOISE
- A noise whose level remains essentially constant (i.e., fluctuations are less than five dB) during the period of observation is a steady noise.
- 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, buses, motorcycles, motorized bicycles, snowmobiles, scooters, all-terrain vehicles, go-carts, racers and like devices, farm machinery, industrial machinery, highway graders, trailers, graders, and semitrailers.
Abatement. Any emission of noise from any source in excess of the limitation established in or pursuant to this chapter herein described shall be deemed and is hereby declared to be a public nuisance and may be abated, in addition to the administrative proceedings, fines and penalties herein provided. The abatement may be made by Order of the Court of Common Pleas of Montgomery County on complaint or petition filed on behalf of the Borough of Trappe.
Nothing in this chapter 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 whatsoever of noise in such place or manner, or at such levels which may give rise to such cause of action.
The Noise Enforcement Officers of the Borough of Trappe shall:
Be qualified by training and experience to perform the necessary measurements and procedures required to determine violations of the provisions of this chapter;
File complaints with the Magisterial District Judge to prosecute violation of this chapter;
Investigate complaints of violations of this chapter and make inspections and observations of noise conditions; and
Be authorized to issue a warning to persons considered in violation of these regulations, a warning which may allow an appropriate time not to exceed 30 calendar days for correction to bring the offending vehicle(s), appliance(s), equipment or other device(s) within the provisions of these regulations before enforcement by prosecution.
General. No person shall make, permit or cause to be made, any excessive noise of any kind by crying, calling or shouting or by means of any whistle, rattle, bell, gong, clapper, hammer, drum, horn, hand organ, mechanically operated piano, other musical instrument, wind instrument, mechanical device, radio, phonograph, sound amplifying or other similar electronic device unless said person has obtained a special permit from Borough Council.
Noise from premises. No person owning or in possession or control of any building or premises shall use the same, permit the use of the same, or rent the same to be used for any business or employment or residential use or for any purpose of pleasure or recreation, if such use shall by its boisterous nature, disturb or destroy the peace of the neighborhood as measured at the property line which such building or premise is situated, or be dangerous or detrimental to health.
Equipment noise. It shall be unlawful for any person to use a pile driver, shovel, hammer, derrick, hoist, tractor, roller or other mechanical equipment operated by fuel or electric power in building or construction operations from 9:00 p.m. to 6:00 a.m. of the following day, except for emergency work on public improvements, work of public service utilities, and municipal services unless such equipment has been manufactured or modified for sound control and meets the provisions of this chapter.
Noise in handling refuse cans. No person shall make any unnecessary noise in the handling of ash, trash and garbage cans either in loading or unloading whether full or empty.
Unlawful to keep noisy animals. No person shall keep or permit to be kept, harbor or otherwise maintain any animal, which shall disturb the quiet of any public street or other public place of any neighborhood; provided, however, that a noisy animal shall be defined as one or more animals which makes noises habitually, so as to constitute annoyance to a person of ordinary sensibilities.
Any person, firm or corporation who shall violate any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not more than $300 and in default of payment, to imprisonment for a term not to exceed 30 days. Every day that a violation of this chapter continues shall constitute a separate offense.