[Added 9-30-2010 by Ord. No. 2010-04]
This article shall apply to the control of all sound originating
within the limits of Caln Township.
As used in this article, the following terms shall have the
meanings indicated herein:
Any site preparation, assembly, erection, repair, alteration
or similar action, including demolition of buildings or structures.
Any land use bordering or abutting, whether divided by real
property boundary or by real property boundary and public street.
Any sound which is static, fluctuating or intermittent with
a recurrence greater than one time in any fifteen-second interval.
A numerical expression of the relative loudness of a sound.
Any dismantling, destruction, or removal of buildings, structures
or roadways.
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage which demands immediate
action.
Sound of short duration with an abrupt onset and rapid decay
and an occurrence of not more than one time in any fifteen-second
interval.
The actual real use of land and buildings thereon situated
regardless of the zoning or other classification attributed to such
land and buildings.
A vehicle which is self-propelled except for one which is
propelled solely by human power or by electric power obtained from
overhead trolley wires.
Any sound which annoys or disturbs humans or which causes
or tends to cause an adverse psychological or physiological effect
on humans.
Any sound that can be detected by a person using his or her
unaided hearing facilities.
Any sound which can be distinctly heard as a single pitch
or a set of single pitches. For the purposes of this article, a pure
tone shall exist if the 1/3 octave band sound pressure level in the
band with the tone exceeds the arithmetric average of the sound pressure
levels of the two contiguous 1/3 octave bands by five dB for center
frequencies of 500 Hz and above, by eight dB for center frequencies
between 160 Hz and 400 Hz and by 15 dB for center frequencies less
than or equal to 125 Hz.
The land use which is a contiguous use to the noise source.
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. The description
of sound may include any characteristic of such sound, including duration,
intensity and frequency.
A noise control device intended to abate or lessen the noise
made by vehicles, equipment or machinery.
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 SI.4-1971, or the latest approved 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 averager, output meter and weighting
networks used to measure sound pressure levels. The sound level meter
used for testing purposes in accordance with this article shall meet
the current American National Standard Institute specifications.
The Caln Township Zoning Officer shall have the power to administer the terms of this article, to investigate complaints and prosecute violations of this article in accordance with Article XIII of this Chapter. When enforcing the terms of this article, the Zoning Officer may retain consultants and engineers with experience in measuring sound levels with the use of sound level meters.
A.
Specific prohibited acts. The following actions are specifically
prohibited regardless of the sound level which is emitted, unless
otherwise exempted in this article:
(1)
No person shall operate, play or permit the operation or playing
of any radio, television, phonograph, drum, musical instrument, cassette
player, sound amplifier or similar device which produces, reproduces
or amplifies sound between the hours of 10:00 p.m. of one day and
7:00 a.m. of the following day in such a manner as to be plainly audible
across a property line.
(2)
No person shall operate or permit the outdoor operation of any
tools, equipment or machinery used for construction operations, drilling
or demolition, or in the sweeping of parking lots between the hours
of 10:00 p.m. of one day and 7:00 a.m. of the following day in such
a manner as to be plainly audible across a property line.
(3)
No person shall operate or permit the outdoor operation of any
powered tool, equipment or machinery (including but not limited to
electrically powered saw, drill, sander, grinder, lawn or garden tool)
between the hours of 10:00 p.m. of one day and 7:00 a.m. of the following
day in such a manner as to be plainly audible across a property line.
(4)
No person shall load or unload trucks or other motor vehicles
or open, close or otherwise handle boxes, crates, containers, building
materials, garbage cans or other objects between the hours of 10:00
p.m. of one day and 7:00 a.m. of the following day in such a manner
as to be plainly audible across a property line.
(5)
No person shall own, possess, harbor or control 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 cause
which teased or provoked the animal or bird.
(6)
No person shall remove or render inoperative a sound dissipative
device from motor vehicles, equipment or machinery, other than for
purposes of maintenance, repair or replacement when such motor vehicle,
equipment or machinery is not in use; intentionally move or render
inaccurate or inoperative any sound-monitoring instrument or other
device positioned by or for the Township or other governmental entity
or agent thereof; or use any motor vehicle, equipment or machinery
which has had a sound-dissipative device or any part thereof removed
or rendered inoperative.
(7)
No person shall repair, rebuild or test or otherwise work on
any motorcycle, motor vehicle, motorboat or aircraft outdoors between
the hours of 10:00 p.m. of one day and 7:00 a.m. of the following
day in such a manner as to be plainly audible across a property line.
(8)
Except for emergencies, no person shall intentionally sound
or permit the sounding outdoors of any fire, burglar or civil defense
alarm or any similar stationary emergency signaling device intended
for public notification.
B.
General performance standards/noise levels.
(1)
In those cases not specifically controlled by § 155-185A above, no person shall operate or cause to be operated on private or public property any source of continuous sound (any sound which is static, fluctuating or intermittent with a recurrence greater than one time in any fifteen-second interval) in such a manner as to create a sound level which exceeds the limits set forth for the receiving land use category in the following table when measured at or within the property boundary of the receiving land use. All measurements shall be made with a sound level meter which is in conformance with American Standards Association specifications.
(2)
Continuous sound levels by receiving land use.
|
Receiving Land Use Category
|
Time
|
Sound Level Limit
(dBA)
| |
|---|---|---|---|
|
Residential, public space, open space, agricultural or institutional
|
7:00 a.m. to 10:00 p.m.
|
60 dBA
| |
|
10:00 p.m. to 7:00 a.m. plus Sundays and legal holidays
|
50 dBA
| ||
|
Commercial or business
|
7:00 a.m. to 10:00 p.m.
|
65 dBA
| |
|
10:00 p.m. to 7:00 a.m. plus Sundays and legal holidays
|
60 dBA
| ||
|
Industrial
|
At all times
|
70 dBA
|
(3)
Correction for character of sound. For any source of sound which
emits a pure tone, the maximum sound-level limits set forth in the
above table shall be reduced by five dBA. For any source of sound
which emits an impulsive sound (a sound of short duration, with an
abrupt onset and rapid delay and an occurrence of not more than one
time in any fifteen-second interval), the excursions of sound pressure
level shall not exceed 20 dBA over the ambient sound pressure level,
regardless of the time of day or night or receiving land use, using
the "fast" meter characteristic of a Type II meter, meeting ANSI Specification
SI.4-1971.
The following noises are exempted from the provisions set forth in § 155-185 of this article:
A.
Blasting, only if performed in accordance with a permit issued by
the Pennsylvania Department of Environmental Protection. Such blasting
may occur only between the hours of 7:00 a.m. and 5:00 p.m., Monday
through Friday, unless specifically authorized at different times
by the DEP permit.
B.
Alarms or other devices used for the purpose of alerting people to
the existence of an actual emergency or devices such as a horn or
siren installed in a motor vehicle and used to warn persons of an
imminent danger.
C.
Emergency work to provide electricity, water or other public utilities
or restore essential public services, including construction activities
directly related to the abatement of an emergency.
D.
Authorized emergency vehicles responding to an emergency.
E.
A snow plow, snow blower or other similar device used to remove snow
or ice in operation.
F.
Work or activities performed or sponsored by schools and governmental
agencies or their contractors in the performance of public service.
G.
Noises made by bells, chimes, carillons used for religious purposes
or in conjunction with national celebrations or public holidays; existing
bells, chimes and carillons and clock strike mechanisms that are currently
in use for any purpose.
H.
Motor vehicle operations shall not exceed the noise levels established
in Chapter 157 of Title 67 of the Pennsylvania Code of Regulations,
Subchapter B, Established Sound Levels.
