This chapter may be cited as the "Noise Control Ordinance of
the Borough of Trainer."
This chapter shall apply to the control of all sound and vibration
originating within the limits of the Borough of Trainer.
As used in this chapter, the following terms shall have the
meanings indicated:
A-WEIGHTED SOUND LEVEL
The sound pressure level in decibels as measured on a sound
level meter using the A-weighting network. The level so read is designated
dB(A) or dBA.
CONSTRUCTION
Any site preparation, assembly, erection, substantial repair,
alteration or similar action, but excluding demolition, for or of
public or private rights-of-way, structures, utilities or similar
property.
DAY-NIGHT AVERAGE SOUND LEVEL
The twenty-four-hour energy average of the A-weighted sound
pressure level with the levels during the period 10:00 p.m. to 7:00
a.m. the following day increased by 10 dBA before averaging.
DECIBEL (dB)
A unit for measuring the volume of a sound equal to 20 times
the logarithm to the base 10 of the ratio of the pressure of the sound
measured to the reference pressure, which is 20 micropascals (20 micronewtons
per square meter).
DEMOLITION
Any dismantling, intentional destruction or removal of structures,
utilities, public or private right-of-way surfaces, or similar property.
EMERGENCY
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage which demands immediate
action.
EMERGENCY WORK
Any work performed for the purpose of preventing or alleviating
the physical trauma or property damage threatened or caused by an
emergency.
EQUIVALENT A-WEIGHTED SOUND LEVEL (Leq)
The constant sound level that, in a given situation and time
period, conveys the same sound energy as the actual time-varying A-weighted
sound. (For the purposes of this chapter, a time period of 24 hours
shall be used, unless otherwise specified.)
IMPULSIVE SOUND
Sound of short duration, usually less than one second, with
an abrupt onset and rapid decay. Examples of sources of impulsive
sound include explosions, drop forge impacts, and the discharge of
firearms.
MOTOR VEHICLE
Any vehicle which is propelled or drawn on land by a motor,
such as but not limited to passenger cars, trucks, truck-trailers,
semitrailers, campers, go-carts, snowmobiles, amphibious craft on
land, dune buggies, or racing vehicles, but not including motorcycles.
MOTORBOAT
Any vessel which operates on water and which is propelled
by a motor, including, but not limited to, boats, barges, amphibious
craft, water-ski towing devices and hovercraft.
MOTORCYCLE
An unenclosed motor vehicle having a saddle for the use of
the operator and 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 any 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.
POWERED MODEL VEHICLE
Any self-propelled airborne, waterborne or landborne plane,
vessel or vehicle which is not designed to carry people, including,
but not limited to, any model airplane, boat, car or rocket.
PUBLIC RIGHT-OF-WAY
Any street, avenue, boulevard, highway, sidewalk or 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.
PURE TONE
Any sound which can be distinctly heard as a single pitch
or a set of single pitches. For the purposes 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 1/3 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.
REAL PROPERTY BOUNDARY
Any imaginary line along the ground surface and its vertical
extension which separates the real property owned by one person from
that owned by another person, but not including intrabuilding real
property divisions.
RMS SOUND PRESSURE
The square root of the time-averaged square of the sound
pressure, denoted as "Prms."
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. The description
of sound may include any characteristic 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. If the frequency
weighting employed is not indicated, the A-weighting shall apply.
SOUND LEVEL METER
An instrument which includes a microphone, amplifier, RMS
detector, integrator or time averager, output meter, and weighting
networks used to measure sound pressure levels.
SOUND PRESSURE
The instantaneous difference between the actual pressure
and the average or barometric pressure at a given point in space,
as produced by sound energy.
SOUND PRESSURE LEVEL
Twenty times the logarithm to the base 10 of the ratio of
the RMS sound pressure to the reference pressure of 20 micropascals
(20 x 10-6 N/m2). The sound pressure level is denoted Lp or
SPL and is expressed in decibels.
VIBRATION
An oscillatory motion of solid bodies of deterministic or
random nature described by displacement, velocity or acceleration
with respect to a given reference point.
WEEKDAY
Any day Monday through Friday which is not a legal holiday.
[Amended 4-12-1979 by Ord. No. 480]
A. Violations and penalties.
[Amended 8-11-2005 by Ord.
No. 670]
(1) Any person who violates any provision of this chapter shall be fined
for each offense not more than $600.
(2) Any person who willfully or knowingly violates any provision of this
chapter shall be fined for each offense a sum of not more than $600.
(3) Each day of violation of any provision of this chapter shall constitute
a separate offense.
B. Abatement orders.
(1) Except as provided in Subsection
B(2), in lieu of issuing a notice of violation as provided for in §
170-10C, the CPSC or other official responsible for enforcement of any provision of this chapter may issue an order requiring abatement of any source of sound or vibration alleged to be in violation of this chapter within a reasonable time period and according to guidelines, to be approved by Borough Council, which the CPSC may prescribe.
(2) An abatement order shall not be issued: a) for any violation covered by §
170-10A; or b) when the CPSC or his designated agent has reason to believe that there will not be compliance with the abatement order.
C. Notice of violation. Except where a person is acting in good faith to comply with an abatement order issued pursuant to §
170-10B(1), violation of any provision of this chapter shall be cause for a notice of violation issued according to procedures which the CPSC or his designated agent may prescribe.
D. Immediate threats to health and welfare.
(1) The CPSC shall order an immediate halt to any sound which exposes any person, except those excluded pursuant to Subsection
D(2), to continuous sound levels in excess of those shown in Table III or to impulsive sound levels in excess of those shown in Table IV. Within 15 days following issuance of such an order, the CPSC shall apply to the appropriate court for an injunction to replace the order.
(2) No order pursuant to Subsection
D(1) shall be issued if the only persons exposed to sound levels in excess of those listed in Tables III and IV are exposed as a result of: a) trespass; b) invitation upon private property by the person causing or permitting the sound; c) employment by the person or a contractor of the person causing or permitting the sound.
(3) Any person subject to an order issued pursuant to Subsection
D(1) shall comply with such order until: a) the sound is brought into compliance with the order, as determined by the CPSC; or b) a judicial order has superseded the CPSC order.
(4) Any person who violates an order issued pursuant to this subsection
shall, for each day of violation, be fined not less than $20 nor more
than $600.
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Table III
Continuous Sound Levels Which Pose an Immediate
Threat to Health and Welfare
(measured at 50 feet or 15 meters)
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Sound Level Limit
(dBA)
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Duration
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90
|
24 hours
|
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93
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12 hours
|
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96
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6 hours
|
|
99
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3 hours
|
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102
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1.5 hours
|
|
105
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45 minutes
|
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108
|
22 minutes
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NOTE:
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*
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Use equal energy time-intensity trade-off if level varies; find
energy equivalent over 24 hours.
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Table IV
Impulsive Sound Levels Which Pose an Immediate
Threat to Health and Welfare
(measured at 50 feet or 15 meters)
|
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Sound Level Limit
(dBA)
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Number of Repetitions Per 24-Hour Period
|
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|
145
|
1
|
|
135
|
10
|
|
125
|
100
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E. Citizen suits.
(1) Any person, other than persons responsible for enforcement of this
chapter, may commence a civil action on his own behalf: (a) against
any person who is alleged to be in violation of any provision of this
chapter set forth in Table V below; or (b) against the CPSC where
there is alleged a failure of the CPSC to perform any act under this
chapter which is not discretionary. The Magisterial District Court
shall have jurisdiction, without regard to the amount in controversy,
to grant such relief as it deems necessary.
(2) No action may be commenced:
(a)
Under Subsection E(1)(a):
[1]
Prior to 10 days after the plaintiff has given notice of the
alleged violation to the CPSC (and to the alleged violator) of such
violation; or
[2]
If the CPSC has commenced and is diligently prosecuting an action
against the alleged violator with respect to such violation, (but
in such action any affected person may intervene as a matter of right).
(b)
Under Subsection E(1)(b), prior to 10 days after the plaintiff
has given notice to the CPSC that he will commence such action. Notice
under this subsection shall be given in a manner prescribed by the
CPSC.
(3) In any action under this section, the CPSC, if not a party, may intervene
as a matter of right.
(4) The court, in issuing any final order in any action brought pursuant to Subsection
E(1) may, at its discretion, award the costs of litigation to any party.