[HISTORY: Adopted by the Board of Supervisors of the Township
of West Donegal 10-15-1984 by Ord. No. 43-1984 (Ch. 10, Part 3, of
the 1984 Code of Ordinances). Amendments noted where applicable.]
The Board of Supervisors of West Donegal Township, finding 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 and being therefore a public
health and welfare hazard, 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 the Township of West
Donegal.
The following words, terms and phrases when used in this chapter
shall have the meaning ascribed to them in this section, except where
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 S1.1 — 1960 (R1971) and its revisions] or its
successor body.
The erection, repair, renovation, demolition, or removal
of any building or structure; and the excavation, filling, grading
and regulation of lots in connection therewith.
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.
A device designed or used for decreasing or abating the level
of sound escaping from an engine or machinery system.
Any sound which annoys or disturbs humans or which causes
or tends to cause an adverse psychological or physiological effect
on humans.
Any sound which:
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 to corporations, the
officers and managers thereof or any of them.
Any self-propelled airborne, waterborne, or landborne plane,
vessel, or vehicle, which is not designed to carry persons, including
but not limited to any model airplane, boat, car, or rocket.
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 separation of properties, and also, for any two or more buildings
sharing common grounds, the line drawn midway between any two said
buildings. All areas devoted to public right-of-way shall be deemed
to be across the property line. For the purpose of this regulation,
the property line includes all points on a plans formed by projecting
the property line in a manner deemed appropriate by the enforcing
Township official or employee.
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 are owned or
controlled by a governmental entity.
All land, whether publicly or privately owned, whether improved
or not improved, with or without structures, exclusive of any areas
devoted to 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 American National Standards Institute specifications
for sound level meters (ANSI S1.4-1971, or the latest revision thereof).
If the frequency weighting employed is not indicated, the A-weighting
shall apply.
The land use districts established by Chapter 240, Zoning, of the Code of the Township of West Donegal and all subsequent amendments thereto.
A.
Noise disturbance prohibited. 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.
B.
Specific prohibitions. The following acts, and the causing thereof,
are declared to be noise disturbances and therefore in violation of
this chapter:
(1)
Radios, television sets, musical instruments and similar devices.
Operating, playing or permitting the operation 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:
(a)
At any time in such a manner as to cause a noise disturbance
across a property line (boundary), or between the hours of 9:00 p.m.
and 8:00 a.m. so as to be plainly audible across a property line (boundary);
or
(b)
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
(c)
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
or on common carrier.
(3)
Construction. Operating or permitting the operation of any tools
or equipment used in construction operations, drilling, or demolition
work:
(a)
Between the hours of 9:00 p.m. and 7:00 a.m. the following day
on weekdays and Saturdays or at any time on Sundays or legal holidays,
such that the sound therefrom creates a noise disturbance across a
residential real property line (boundary), except for emergency work.
(4)
Domestic power tools. Operating or permitting the operation of any
mechanically powered saw, drill, sander, grinder, lawn or garden tool,
snow blower, or similar device used outdoors in agricultural, rural
and residential zoning districts between the hours of 9:00 p.m. and
7:00 a.m. so as to cause a noise disturbance across a residential
property line (boundary).
(5)
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 9:00 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). This Subsection B(5) shall not apply to municipal or utility services in or about the public right-of-way.
(6)
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 nor is there any other
legitimate cause which justifiably provoked the animal or bird.
(7)
Powered model vehicles. Operating or permitting the operation of
powered model vehicles so as to create a noise disturbance across
a residential property line (boundary) between the hours of 9:00 p.m.
and 8:00 a.m.
(8)
Tampering. The following acts or the causing thereof are prohibited:
(a)
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.
(b)
The intentional moving or rendering inaccurate or inoperative
of any sound monitoring instrument or device positioned by or for
West Donegal Township, provided such device or the immediate area
is clearly labeled in accordance with noise control regulations, to
warn of the potential illegality.
(c)
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.
(9)
Vehicle, motorboat, or aircraft repairs and testing. Repairing, rebuilding,
or testing any motor vehicle, motor cycle, motorboat, or aircraft
in such a manner as to cause a noise disturbance across a residential
real property line (boundary).
C.
Motor vehicle prohibitions.
(1)
Motor vehicles and motorcycles on public rights-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 Title 67, Chapter 157, of
the Pennsylvania Department of Transportation Regulations (Established
Sound Levels) or any amendments thereto.
(2)
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 residence in such a manner as to cause
a noise disturbance across a residential property line (boundary).
(3)
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.
(4)
Sound trucks. No person shall, at any time between the hours of 9:00
p.m. and 7:00 a.m. the following day on weekdays and Saturdays, or
at any time on Sundays or legal holidays, operate sound amplifying
equipment mounted on or attached to any motor vehicle.
D.
Prima facie violation. 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.
Amplified announcements. Electronically amplified announcements at
athletic events.
B.
Blasting. Blasting which is performed in accordance with all applicable
laws and regulations.
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 outdoors shall be exempt
from the provisions of this chapter, provided such activities do not
occur between the hours of 11:00 p.m. and 8:00 a.m.
D.
Emergency work. Sounds caused by the performance of emergency work
or by the ordinary and accepted use of emergency apparatus and equipment.
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.
G.
Warning devices. Sounds made by warning devices operating continuously
for three minutes or less, except in the event of an actual emergency,
shall not apply.
H.
Agricultural activities. Sounds resulting from agricultural operations
protected from nuisance suits by Act No. 1982-133.
I.
Fire/burglar alarms. Sounds made by fire and burglar alarms operating
continuously for 10 minutes or less.
[Amended 10-7-1996 by Ord. No. 109-96; 5-19-1997 by Ord. No. 114-97]
For each violation of the provisions of this chapter, any person
who commits, takes part in, or assists in any such violation shall
be liable, upon conviction thereof in a summary proceeding, to pay
a fine of not less than $200 nor more than $1,000 for each offense,
together with the costs of prosecution. Each day or portion thereof
in which a violation exists shall be considered a separate violation
of this chapter, and each section of this chapter which is violated
shall be considered a separate violation. In default of payment of
such fine, such person shall be liable to imprisonment for a period
not exceeding 30 days.
