[HISTORY: Adopted by the Board of Commissioners of the Township of Stonycreek 11-10-2009 by Ord. No. 605. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meaning indicated.
CONSTRUCTION OPERATION
The erection, repair, renovation, demolition or removal of any building or structure and the excavation, filling, grading and regulation of lots in connection therewith.
EMERGENCY WORK
Any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency.
MOTORCYCLE
An unclosed motor vehicle, having a saddle for the use of the operator, with two or three wheels in contact with the ground, including, but not limited to, motor scooters and minibikes.
NOISE
Any sound which annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans.
NOISE-CREATING DEVICE
Any electrical, mechanical or chemical device or instrument, or combination thereof, that creates noise during its operation by a person.
NOISE DISTURBANCE
A. 
Endangers or injures the safety or health of humans or animals;
B. 
Annoys or disturbs a reasonable person of normal sensitivities; or
C. 
Endangers or injures personal or real property.
OPERATION
Actual control by a person.
PERSON
Any individual, association, partnership or corporation, and includes any officer, employee, department, agency or instrumentality of a state or any political subdivision of a state. Whenever used in any clause prescribing and imposing a penalty, "person" includes the individual members, partners, officers and managers or any of them of partnerships and associations and, as for corporations, the officers and managers thereof or any of them.
PROPERTY LINE (BOUNDARY)
An imaginary line drawn through the points of contact of adjoining lands, apartments, condominiums, townhouses and duplexes owned, rented or leased by different persons, a demarcation or a line of separate properties, and also, for any two or more buildings sharing common grounds, the line drawn midway between any two such buildings. All areas devoted to public rights-of-way shall be deemed to be across the property line. For the purpose of this definition, the property line includes all points on a plane formed by projecting the property line in a manner deemed appropriate by the enforcing police officer.
PUBLIC RIGHT-OF-WAY
Any street, avenue, boulevard, highway, sidewalk, alley or similar place which is owned or controlled by a governmental entity.
REAL PROPERTY
All land, whether publicly or privately owned, whether improved or not improved, with or without structures, exclusive of any areas devoted to public rights-of-way.
SOUND
An oscillation in pressure, particle displacement, particle velocity or other physical parameter, in a medium with internal forces that cause compression and rarefaction of that medium, or the superposition of such propagated oscillation which evokes an auditory sensation. The description of sound may include any characteristics of such sound, including duration, intensity and frequency.
VEHICLE
Every device in, upon or by which any person or property is or may be transported or drawn upon a highway, except devices used exclusively upon rails or tracks.
No person shall make, continue or cause to be made or cause to be continued any noise disturbance by any means, nor shall any person suffer, allow or permit any noise disturbance, by any means, to be made or continued from or at any time or at any property, whether public or private, real or personal, that is subject to such person's right to control.
The following acts and the causing thereof are declared to be noise disturbances and therefore in violation of this chapter:
A. 
Operating or permitting the operation of any tools or equipment used in construction operations, drilling or demolition work between the hours of 9:00 p.m. and 7:00 a.m. the following day on weekdays and Saturdays or any time on Sundays or legal holidays, such that the sound therefrom creates a noise disturbance across the residential real property line (boundary), except for emergency work.
B. 
Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, new car parts, equipment, garbage cans or similar objects between the hours of 9:00 p.m. and 8:00 a.m. the following day in such a manner as to cause a noise disturbance across a residential property line (boundary). This section shall not apply to municipal or utility services in or about the public right-of-way.
C. 
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 legitimate cause which teased or provoked the animal or bird.
D. 
Repairing, rebuilding or testing any motor vehicle, motorcycle, motorboat or aircraft in such a manner as to cause a noise disturbance across a residential real property line (boundary).
E. 
No person shall operate or cause to be operated a public or private motor vehicle or motorcycle, or any equipment attached to such a vehicle, on a public right-of-way at any time in such a manner that the noise or sound level emitted by the motor vehicle or motorcycle, or any equipment attached to such a vehicle, violated or exceeds the levels set forth in the Pennsylvania Department of Transportation Regulations Title 67, Chapter 157, Subchapter B, 67 Pa. Code § 157.11. With respect to motorcycles, all motorcycles shall be equipped with a muffler or other noise-suppressing system in good working order at all times. No motorcycle with an exhaust system that has been altered or modified in any way to enable the exhaust system to amplify or increase the sound level in excess of the established sound levels set forth in the Pennsylvania Department of Transportation regulations Title 67 Pa. Code § 157.11(a) shall be operated on any public rights-of-way.
The noise from any of the aforesaid prohibited acts that disturbs two or more residents who are in general agreement as to the times and durations of the noise and who reside in separate residences, including apartments and condominiums, located across a property line (boundary) from the property on which the source of the noise is generated, shall be prima facie evidence of a noise disturbance.
The following sounds are exempted from the provisions of this chapter.
A. 
Electronically amplified announcements at athletics events.
B. 
Blasting under permit by the Township of Stonycreek, which blasting may occur only between the hours of 9:00 a.m. and 4:00 p.m., unless specifically authorized by such permit.
C. 
Band concerts block parties, church carnivals, Fire Department festivals or other performances or similar activities publicly or privately sponsored and presented in any public or private space outdoors, provided that such activities do not occur between the hours of 10:00 p.m. and 8:00 a.m.
D. 
Sounds caused by the performance of emergency work or by the ordinary and accepted use of emergency apparatus and equipment.
E. 
Sounds resulting from the repair or replacement of any municipal or utility installation in or about the public right-of-way.
F. 
Sounds not electronically amplified, created by organized school-related programs, church activities, athletic and entertainment events or other public programs, activities or events, other than fireworks or fireworks displays.
[Amended 12-10-2019 by Ord. No. 651]
Fireworks may not be discharged after the hours of 10:00 p.m. or before 8:00 a.m., except on July 4, when fireworks may be discharged after 8:00 a.m. until 1:00 a.m. on January 1. Any discharge of fireworks regulated by state law shall be conducted in conformance with those state laws.
Whoever violates any provisions of this chapter shall, upon conviction thereof in a summary proceeding, be fined for a first offense not less than $150 and not more than $1,000; for a second offense be fined not less than $300 and not more than $1,000; for a third offense be fined not less than $500 and not more than $1,000, to be collected as other fines and costs are by law collectible, or imprisoned for not more than 90 days, or both. Whoever violates any provision in this chapter for a fourth offense and for any subsequent conviction shall, upon conviction thereof in a summary proceeding, be fined $1,000, to be collected as other fines and costs are by law collectible, and be sentenced to a term of imprisonment of not less than five nor more than 90 days. Each day during which a violation occurs shall constitute a separate offense.