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.
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
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage.
EMERGENCY WORK
Any work performed for the purpose of preventing or alleviating
the physical trauma or property damage threatened or caused by an
emergency.
NOISE
Any sound which annoys or disturbs humans or which causes
or tends to cause an adverse psychological or physiological effect
on humans.
NOISE DISTURBANCE
Any sound which:
A.
Endangers or injures the safety or health of humans or animals;
or
B.
Annoys or disturbs a reasonable person of normal sensitivities;
or
C.
Endangers or injures personal or real property.
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 to corporations, the
officers and managers thereof or any of them.
POWERED MODEL VEHICLE
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.
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 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.
PUBLIC RIGHT-OF-WAY
Any street, avenue, boulevard, highway, sidewalk, alley or
similar place which is owned or controlled by a governmental entity.
PUBLIC SPACE
Any real property or structures thereon which are 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 right-of-way.
SOUND
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.
SOUND LEVEL
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.
ZONING DISTRICTS
The land use districts established by Chapter
240, Zoning, of the Code of the Township of West Donegal and all subsequent amendments thereto.
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.