[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:
A.
All acoustical terminology shall be that contained
in ANSI SI.1 "Acoustical Terminology."
B.
ANSI
APPLIANCE
DAY
DAYTIME
DECIBEL (dB)
EQUIPMENT
EXCESSIVE NOISE
FLUCTUATING NOISE
IMPULSIVE NOISE
INTERMITTENT NOISE
NOISE
ORDINANCE ENFORCEMENT OFFICER
PERSON
PERIOD OF OBSERVATION
S.A.E.
SOUND LEVEL (NOISE LEVEL)
SOUND LEVEL METER
STEADY NOISE
VEHICLE
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.
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 is that sound which is:
A fluctuating noise is a whose sound level varies significantly
with time.
Impulsive noise is characterized by brief excursions of sound
level. The duration of a single impulse is usually less than one second.
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.
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.
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.
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).
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.
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.
A.
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.
B.
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.
C.
The Noise Enforcement Officers of the Borough of Trappe
shall:
(1)
Be qualified by training and experience to perform
the necessary measurements and procedures required to determine violations
of the provisions of this chapter;
(2)
File complaints with the Magisterial District Judge
to prosecute violation of this chapter;
(3)
Investigate complaints of violations of this chapter
and make inspections and observations of noise conditions; and
(4)
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
