[HISTORY: Adopted by the Board of Supervisors of the Township
of Washington 6-26-2008 by Ord. No. 2008-01. Amendments noted
where applicable.]
GENERAL REFERENCES
Parks and recreation areas — See Ch.
76.
Peace and good order — See Ch.
79.
This chapter shall be known as the "Township of Washington Noise
Ordinance."
This chapter is enacted pursuant to the Second Class Township
Code.
The purpose of this chapter is to ensure that public health,
safety and welfare shall not be abridged by the making or creating
of noise pollution or of public nuisances 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 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 offensive noises.
These regulations and prohibitions are intended to protect the physical,
mental and social well-being of the residents of the Township of Washington.
The Board of Supervisors finds that failure of individuals,
businesses, industries, persons maintaining animals, social gatherings
and other 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, sound amplification
equipment, radios, electronic sound recording equipment, vehicles,
persons maintaining animals, social gatherings, 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 Township;
C. Affects the public welfare by reflecting negatively on the quality
of life in residential areas of the Township;
D. Disturbs the peace and good order of the Township; and
The following words and phrases, when used in this chapter,
shall have, unless the context clearly indicates otherwise, the meanings
given to them in this section.
A. 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.
B. Words and phrases.
ANSI
American National Standards Institute, or its successors.
DECIBEL (dB)
A unit of sound level which is a division of a logarithmic
scale used to express the ratio of 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.
EXCESSIVE NOISE
Excessive noise is that sound which is:
(1)
Injurious or which unreasonably interferes with the comfortable
enjoyment of life and property. Measured noise levels in excess of
limits established in these regulations or those specified in valid
permits are declared to be excessive noise;
(2)
Annoying to a person of ordinary sensibilities.
NIGHTTIME
9:00 p.m. to 7:00 a.m., prevailing time; conversely, daytime:
7:00 a.m. to 9:00 p.m., prevailing time.
NOISE
Any sound emitted by a person, animal, appliance, equipment,
instrument or other device.
NOISE LEVEL
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 POLLUTION
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.
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.
PERSON
Includes an individual, firm, association, organization,
partnership, trust, company, corporation or any other similar entity.
SOUND LEVEL METER
An instrument or combination of instruments which meets or
exceeds the requirements for an ANSI Type S1A or Type S2A Sound Level
Meter.
TOWNSHIP
The Township of Washington, County of Berks, Pennsylvania.
VEHICLE
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 life devices, farm machinery, industrial
machinery, highway graders, trailers, graders and semitrailers.
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, parcel, tract or property, on which such activities take place,
to exceed the noise levels specified below:
A. Seventy decibels (dB[A]) between the hours of 7:00 a.m. and 9:00
p.m., prevailing time.
B. Sixty decibels (dB[A]) between the hours of 9:00 p.m. and 7:00 a.m.,
prevailing time.
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, back-up
alarms on trucks); authorized vehicles when responding to emergencies
(e.g., police, fire, ambulance sirens or any other device 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.
D. Appliances, lawn and garden equipment, chain saws, snow removal equipment
and power tools in use between the hours of 7:00 a.m. 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 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 9:00 p.m., prevailing time, for the duration
of such short-term, specific project, provided such heavy construction
equipment is operated within the manufacturer specifications and with
all standard noise-reducing equipment in use, unmodified and in proper
operating condition.
F. Air conditioners, fans, heating units, similar comfort devices, provided
such are operated within the manufacturer's specifications and
with all standard noise-reducing equipment in use, unmodified, and
in proper operating condition.
G. Airplanes, helicopters and normal activities of properly licensed
airports and trains operating on railroads.
H. Musical, recreational and athletic events conducted by or permitted
by schools, local government, community or community association or
village festivals, or events sponsored by nonprofit organizations.
I. Existing weapons firing ranges during daytime as defined herein.
J. All motor vehicles being operated on the public roads in the Township
of Washington, provided such are operated within the manufacturer's
specifications and with all standard noise-reducing equipment in use,
unmodified, and in proper working condition.
K. Activities permitted by special waiver, as provided herein, according
to the terms and conditions of said waiver.
L. All farm-related operations and activities.
M. Any exiting legitimate or licensed business, commercial or industrial
operation between the hours of 7:00 a.m. and 9:00 p.m., prevailing
time, provided any appliances, equipment, machinery or devices used
in such operation are operated within the manufacturer's specifications
and with all standard noise-reducing equipment in use, unmodified
and in proper operating condition.
A temporary waiver from strict compliance with the noise standards
specified herein may be granted to persons during emergency circumstances,
as determined by the Board of Supervisors, to permit reasonable time
to effect repairs.
It is the policy of the Board of Supervisors in adopting this
chapter not to force any industrial or commercial enterprise out of
business, but rather to work with any industrial or commercial enterprise
to find ways to reduce noise levels to the level permitted by this
chapter.
This chapter may be enforced by any police officer or by any
person affected by noise as defined herein.
The following procedures and penalties are prescribed for enforcement
of this chapter.
A. Warnings. If it is determined by a sound level meter reading that
a noise level is in excess of the levels prescribed by this chapter,
the Township shall upon written complaint by the affected person,
who resides in Washington Township, issue a written warning to the
person responsible. Any such warning shall be in effect for six months.
B. Offenses. If it is determined by a sound level meter reading that
a noise level in excess of the levels permitted by this chapter shall
have been caused or permitted by any person within six months after
the issuance of a warning, any person affected thereby, who resides
in Washington Township, may prosecute such person causing or permitting
said noise level before the District Magistrate.
C. Injunctions. In addition, any person affected thereby, may file legal
or equitable actions in court to abate or enjoin violations of this
chapter.
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 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 whatever of noise on such
place or manner, or at such levels which may give rise to such cause
of action.
The provisions of this chapter are not intended to interfere
with, abrogate or annul other rules, regulations or ordinances, including
Title 18 (Crimes Code) and Title 75 (Vehicle Code), Pennsylvania Consolidated
Statutes. If more stringent requirements concerning noise abatement
are contained in other statutes, rules, regulations or ordinances,
the more stringent regulation shall apply.
Any person, firm or corporation who shall violate any provision
of this chapter shall, upon conviction thereof, as a summary offense,
be sentenced to pay a fine of not more than $1,000; 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.