[Ord. 313, 11/19/2012, § 2[1]]
The Board of Supervisors of Lower Heidelberg Township hereby
ordains and enacts the following Chapter, which shall be referred
to as the "Noise Control Ordinance."
[1]
Editor's Note: Section 1 of this Chapter repealed former
Part 6, Maximum sound levels, adopted 8/20/2001 by Ord. 210.
[Ord. 313, 11/19/2012, § 2]
(a)
The Board of Supervisors finds that excessive levels of sound are
detrimental to the physical, mental and social well-being of the people,
as well as to their comfort, living conditions, general welfare and
safety. Being, therefore, a public health and welfare hazard, the
Board of Supervisors hereby declares it to be necessary to provide
for the greater control and more effective regulation of excessive
sound and the sources of excessive sound within Lower Heidelberg Township.
(b)
To achieve the intent and purpose of the Board of Supervisors, this
Chapter regulates noise in three manners: through an objective, reasonable
person's standard of annoyance (as set forth in § 604);
through per se prohibitions on certain types of noise known to cause
annoyance (as set forth in §§ 605 through 606); and
through maximum sound levels (as set forth in § 608). Noncompliance
with any one of these three methods of noise control constitutes a
violation of this Chapter subject to the penalties provided herein.
[Ord. 313, 11/19/2012, § 2]
The following words, terms and phrases when used in this Chapter
shall have the meaning ascribed to them in this section, except when
the context clearly indicates a different meaning. All terminology
used in this Chapter, not defined below, shall be in conformance with
the applicable publications of the American National Standards Institute
(ANSI and its revisions) or its successor body.
The all-encompassing noise associated with a given environment,
being usually a composite of sounds from many sources near and far.
The erection, repair, renovation, demolition or removal of
any building or structure and the excavation, filling, grading and
regulation of lots in connection therewith.
A unit for measuring the sound pressure level.
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage.
Any work performed for the purpose of preventing or alleviating
the physical trauma or property damage threatened or caused by an
emergency.
Sound of short duration, usually less than one second, with
an abrupt onset and rapid decay. Examples of impulsive sound include
explosions, drop-forge impacts and the discharge of firearms.
A device designed for decreasing or abating the level of
sound escaping from an engine or machinery system.
Any sound that annoys or disturbs humans or that causes or
tends to cause an adverse psychological or physiological effect on
humans, excepting any law enforcement activity, including but not
limited to training sessions.
Any sound that:
Endangers or injures the safety or health of humans or animals.
Annoys or disturbs a reasonable person of normal sensitivities.
Endangers or injures personal or real property.
Endangers or injures personal or real property in excess of
the sound levels established in this Chapter.
Violates § 605 or 608 of this Chapter.
Any sound arising from any law enforcement activity, including
but not limited to sound emanating from training sessions, shall not
be considered a noise disturbance.
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, the term "person"
shall include the individual members, partners, officers and managers,
or any of them, of partnerships and associations, and, as to corporations,
the officers and managers thereof, or any of them.
Any self-propelled airborne, waterborne or land-borne plane,
vessel or vehicle which is not designed to carry persons, including
but not limited to any model airplane, boat, car or rocket. This definition
shall also include dirt bikes, four-wheelers, and all-terrain vehicles
("ATV") being used to carry persons, but which are not being operated
on a street, avenue, boulevard, highway, or alley. To the extent that
dirt bikes, four-wheelers or ATVs are being operated on a public right-of-way,
the restrictions in this Chapter for such shall be governed by the
motor vehicle prohibitions set forth in § 606, below.
An imaginary line or party wall that separates adjoining
lands or the dwelling units of apartments, condominiums (as defined
by the Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq.),
townhomes or duplexes, drawn through the points of contact of adjoining
lands, or, in the case of apartments, condominiums, townhouses and
duplexes owned, rented or leased by different persons, a demarcation
or a line of separation between dwelling units (or "unit" as defined
by the Uniform Condominium Act) of properties. In the circumstances
of any two or more buildings sharing common grounds, the line drawn
midway between any two such buildings. All areas devoted to a public
right-of-way or a common or shared area shall be deemed to be across
the property line.
Any street, avenue, boulevard, highway, sidewalk, alley or
similar place which is owned or controlled by a governmental entity.
Any real property, or structures thereon, which is owned
or controlled by a governmental entity.
Any sound which can be heard as a single pitch or a set of
single pitches. For the purpose of this Chapter, a pure tone shall
exist if the 1/3 octave band sound pressure level in the band with
the tone exceeds the arithmetic average of the sound pressure levels
of the two contiguous octave bands by five dB for center frequencies
of 500 Hz and above and by eight dB for center frequencies between
160 and 400 Hz and by 15 dB for center frequencies less than or equal
to 125 Hz.
All land, whether publicly or privately owned, whether improved
or not improved, with or without structures, exclusive of any areas
devoted to a public right-of-way.
An oscillation in pressure, particle displacement, particle
velocity or other physical parameter, in a medium with internal forces
that causes 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.
The weighted sound pressure level obtained by the use of
a sound level meter and frequency weighting network, such as A, B
or C, as specified in the American National Standards Institute (ANSI)
Specifications for sound level Meters (or the latest revision thereof).
If the frequency weighting employed is not indicated, the A-weighting
shall apply.
An instrument which includes a microphone, amplifier, RMS
detector, integrator or time average, output meter and any applicable
weighting network used to measure sound pressure levels that meets
the requirement as specified by ANSI. The manufacturer's published
indication of compliance with such specifications shall be prima-facie
evidence of such compliance.
The land use districts established by Chapter 31, Zoning, of the Code of Lower Heidelberg Township, and all subsequent amendments.
[Ord. 313, 11/19/2012, § 2]
No person shall make, continue or cause to be made or continued
any noise disturbance, nor shall any person suffer, allow or permit
any noise disturbance to be made or continued from or at any property,
whether real or personal, that is subject to such person's right
to control.
[Ord. 313, 11/19/2012, § 2]
The following acts, and the causing thereof, are declared to
be noise disturbances and are therefore in violation of this Chapter:
(a)
Radios, television sets, musical instruments and similar devices:
operating, using or playing of any radio, television, phonograph,
drum, musical instrument, sound amplifier, automobile radio, automobile
stereo or high-fidelity equipment or similar device which produces,
reproduces or amplifies sound to the extent that such use creates
a noise disturbance:
(1)
At any time in such a manner as to cause a noise disturbance
across a property line (boundary), or between the hours of 10:00 p.m.
and 7:00 a.m. so as to be plainly audible across a property line (boundary);
or
(2)
In such a manner as to create a noise disturbance across a property
line (boundary) or at 50 feet from such device, whichever is less,
when the device is operated in or on a motor vehicle, or hand carried,
on a public right-of-way or public space; or
(3)
In such a manner as to create a noise disturbance to any person
other than the operator of the device, when operated by any passenger
on a common carrier.
(c)
Construction tools or equipment:
(1)
Operating or permitting the operation of any tools or equipment
used in construction operations, drilling or demolition work:
(i)
Between the hours or 10:00 p.m. and 7:00 a.m. on Monday through
Saturday, or at any time on Sundays or holidays recognized by Berks
County, such that the sound therefrom creates a noise disturbance
across a residential property line (boundary), except for emergency
work.
(ii)
At any other time such that the sound level at or across a property
line (boundary), exceeds 85 dB(A) for a period of one hour.
(2)
This Subsection (c) shall not apply to the use of domestic power
tools as hereinafter provided in Subsection (d) hereof.
(d)
Domestic power tools: operating or permitting the operation of any
mechanically powered saw, drill, sander, grinder, lawn or garden tool,
snowblower or similar device used outdoors for non-commercial, nonproprietary
use on one's own property in residential areas between the hours
of 10:00 p.m. and 7:00 a.m. on any day so as to cause a noise disturbance
across a residential property line (boundary), except in an emergency.
Residential areas shall be defined for the purposes of this Chapter
as any area within the Agricultural Preservation, Rural Conservation,
Rural, Suburban Residential — 0, Suburban Residential —
1, Suburban Residential — 2, Suburban Residential — 3,
and Urban Residential Zoning Districts, as well as any property that
shares a property line (boundary) with an adjacent property on which
a residential dwelling unit is situated.
(e)
Lawn mowers: operating or permitting the operation of lawn mowers
in such a manner as to cause a noise disturbance across a residential
property line (boundary) between the hours of 10:00 p.m. and 8:00
a.m.
(f)
Loading and unloading: loading, unloading, opening, closing or other
handling of boxes, crates, containers, building materials, garbage
cans or similar objects between the hours of 10:00 p.m. and 7:00 a.m.
the following day in such a manner as to cause a noise disturbance
across a residential property line (boundary). Such restrictions shall
also apply to truck idling and truck refrigerants.
(g)
Animals and birds: 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.
(h)
Powered Model Vehicles: operating or permitting the operation of
powered model vehicles so as to create a noise disturbance across
a property line (boundary).
(i)
Street sales: offering for sale or selling by shouting or outcry
or by any other amplified or unamplified sound.
(j)
Tampering: The following acts or the causing thereof are prohibited:
(1)
The removal or rendering inoperative by any person, other than
for the purposes of maintenance, repair or replacement, of any muffler
or sound-dissipative device or element of design or noise label of
any product.
(2)
The intentional moving or rendering inaccurate or inoperative
of any sound monitoring instrument or device positioned by or for
the Police Department; provided such device or the immediate area
is clearly labeled in accordance with noise control regulations, to
warn of the potential illegality.
(3)
The use of a product which has had a muffler or sound-dissipative
device or element of design or noise label removed or rendered inoperative,
with knowledge that such action has occurred.
(k)
Vehicle, motorboat or aircraft repairs and testing: repairing, rebuilding
or testing any motor vehicle, motorcycle, motorboat or aircraft in
such a manner as to cause a noise disturbance across a property line
(boundary).
[Ord. 313, 11/19/2012, § 2]
(a)
Motor Vehicles and Motorcycles on Public Right-of-Way. 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 sound level emitted
by the motor vehicle or motorcycle, or any equipment attached to such
a vehicle, exceeds the level set forth in 67 Pa. Code, Chapter 157,
Established sound levels.
(b)
Standing Motor Vehicles. No person shall operate or permit the operation
of any motor vehicle or any auxiliary equipment attached to such a
vehicle for a period longer than 15 minutes in any hour while the
vehicle is stationary, for reasons other than traffic congestion,
anywhere within 150 feet of any residential property line (boundary)
in such a manner as to cause a noise disturbance across a residential
property line (boundary).
(c)
Unnecessary Horn Blowing. No person shall at any time sound the horn
or other warning device of a vehicle except when absolutely necessary
as a warning while actually driving such vehicle or unless necessary
in the testing of such for state inspection purposes.
[Ord. 313, 11/19/2012, § 2]
The noise prohibited in §§ 604 through 606 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 within the same building,
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. This is not the exclusive example of a prima
facie violation.
[Ord. 313, 11/19/2012, § 2]
(a)
Maximum Permissible Sound Levels by Zoning Districts. No person shall
operate or cause to be operated any source of sound in such a manner
as to create a sound level which exceeds the limits set forth in the
zoning designations category in Table I when measured at or across
the property line (boundary) from the noise source. Any sound source
that produces sound in excess of those levels shall constitute a noise
disturbance.
|
Table I
| |||
|---|---|---|---|
|
Zoning District of Property on Which Source of Noise is
Located
|
Sound Level Limit
[dB(A)]
| ||
|
7:00 a.m. to 10:00 p.m.
|
10:00 p.m. to 7:00 a.m.
| ||
|
Residential*
|
60
|
57
| |
|
Commercial**
|
76
|
73
| |
|
Industrial***
|
77
|
77
| |
|
NOTES:
| ||
|---|---|---|
|
*
|
Consisting of the Agricultural Preservation (A-1), Agricultural
(A-2), Rural Conservation (RC), Recreation-Residential (R), Low-Density
Residential (R-1), Suburban Residential (R-2), Suburban Residential
(R-3), Suburban Residential (R-4) and Retirement Complex (R-7) Zoning
Districts.
| |
|
**
|
Consisting of the Village Commercial (C-1) and General Commercial
(C-2) Zoning Districts.
| |
|
***
|
Consisting of the Light Industrial (I-1) Zoning District.
| |
(b)
When exceeded. The sound level limits set forth in Table I shall
be exceeded when any one or more of the following occurs:
(1)
The sound at any one point in time exceeds the established zone
limits in Table I by a measured sound level of 15dB(A); or
(2)
The sound exceeds any of the established zone limits in Table
1 by a measured sound level of 10 dB(A) for a cumulative total of
one minute or more out of any ten-minute period; or
(3)
The sound exceeds, except in any Industrial District, any of
the established zone limits in Table I by a measured sound level of
three dB(A) continually for a period of five minutes, or a total of
five minutes out of any ten-minute period.
(c)
Ambient Sound. If background ambient sound levels in an area of suspected
noise disturbance exceed the levels set forth in Table I, then the
sound level of the intrusive sound source shall be measured with the
ambient sound level being substituted as the Table I sound level limit
set forth in Table I above.
(d)
Where Measured. For the purposes of this Section, sound shall be
measured at or beyond the property line (boundary) of the property
on which the noise source is located.
(e)
Pure Tone and Impulsive Sound. For any source of sound which emits
a pure tone or impulsive sound, the level set forth in Table I shall
be reduced by five dB(A).
(f)
Measuring Instruments. All sound measurements shall be made on a
sound level meter calibrated in the manner required by the manufacturer's
specification.
(g)
Exemptions from Sound Level Limits. The provisions of this Section
shall not apply to:
(1)
Any emergency signaling device used because of an emergency.
(2)
Interstate railway locomotives and cars.
(3)
The use of motor vehicles, which shall be governed exclusively
by § 606 above.
(4)
Church bells, chimes or carillons.
(5)
Activities conducted by police, fire or other emergency service
providers, including but not limited to training activities.
[Ord. 313, 11/19/2012, § 2]
The following sounds are exempted from the provisions of this
Chapter:
(a)
Amplified announcements: stationary electronically amplified announcements
at athletic events, political events and civic events that occur between
the hours of 8:00 a.m. and 10:00 p.m.
(b)
Blasting: blasting, under proper permit. Such blasting may occur
only between the hours of 9:00 a.m. and 4:00 p.m., Monday through
Friday, unless specifically authorized by permit.
(c)
Concerts, etc.: band concerts, block parties, church carnivals, or
other performances or similar activities publicly or privately sponsored
and presented in any public or private space, provided:
(d)
Emergency work: sounds caused by the performance of emergency work,
or by the ordinary and accepted use of emergency apparatus and equipment,
or any other activities conducted by police, fire or other emergency
service providers.
(e)
Municipal and utility services: sounds resulting from the repair
or replacement of any municipal or utility installation in or about
the public right-of-way.
(f)
School and public activities: 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) that occur between
the hours of 8:00 a.m. and 10:00 p.m.
(g)
Warning devices: sounds made by warning devices operating continuously
for three minutes or less. In the event of an actual emergency, the
time limitation shall not apply.
[Ord. 313, 11/19/2012, § 2]
This Chapter shall be enforced by the Lower Heidelberg Township
Police Department.
[Ord. 313, 11/19/2012, § 2]
Any person who shall violate any provision of this Chapter,
upon conviction thereof in an action brought before a Magisterial
District Judge in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure shall
be sentenced to pay a fine of not more than $1,000 plus costs and,
in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this Chapter continues
or each section of this Chapter which shall be found to have been
violated shall constitute a separate offense.
