[Ord. 2002-8, 9/23/2002, § 3]
This Part 4 shall be known and shall be cited as the "Doylestown
Borough Noise Control Ordinance."
For purposes of this Part 4, the following terms, phrases, words
and their derivations shall have the meaning given herein. When not
inconsistent with the context, words used in the present tense include
the future, words in the plural number include the singular number,
and words in the singular number include the plural number. The word
"shall" is always mandatory and not merely directory.
All acoustical terminology shall be interpreted in accordance
with that contained in ANSI S1.1-1994 or latest approved revision,
"Acoustical Terminology."
American National Standards Institute, or its successors.
A measure of sound pressure level designed to reflect the
acuity of the human ear, which does not respond equally to all frequencies.
The ear is less efficient at low and high frequencies than at medium
or speech-range frequencies. Therefore, to describe a sound containing
a wide range of frequencies in a manner representative of the ear's
response, it is necessary to reduce the effects of the low and high
frequencies with respect to the medium frequencies. The resultant
sound level is said to be A-weighted, and the units are dBA. The A-weighted
sound level is also called the "noise level." Sound level meters have
an A-weighting network for measuring A-weighted sound level.
Borough of Doylestown, Bucks County, Pennsylvania.
That person appointed by the Borough of Doylestown to enforce
this and other municipal ordinances, or such person's designee.
Unit of sound level. The weighted sound pressure level by
the use of the A metering characteristic and weighting specified in
ANSI Specifications for Sound Level Meters, S1.4A-1985 or latest approved
revision. dBA is used as a measure of human response to sound.
A unit of sound level, abbreviated dB.
Any sound not occurring in the natural environment, including
sounds emitted from residential, institutional, recreational, educational,
business, office, commercial, service, industrial and accessory uses
within the Borough by a person, animal, appliance, equipment, instrument
or other device.
For airborne sound, unless specified to the contrary, it
is the A-weighted sound level.
Includes an individual, firm, association, organization,
partnership, trust, company, corporation or any other similar entity.
The Doylestown Borough Police Department and any sworn member
thereof.
Any lot, tract, parcel of land or any building or other structure
or improvement thereon or any other separate and legally definable
area, including but not limited to leaseholds, condominiums, licenses
and other areas of separate and lawful occupancy or control.
An oscillation in pressure, stress, particle displacement,
particle velocity, etc., in an elastic or partially elastic medium,
or the superposition of such propagated alterations; an auditory sensation
evoked by the oscillation described above (not all sound waves can
evoke an auditory sensation: e.g., ultrasound).
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 ANSI Specifications for Sound Level Meters, ANSI
S1.4A-1985 or latest approved revision. If the frequency weighting
employed is not indicated, the A-weighting is implied.
An instrument comprised of a microphone, amplifier, output
meter, and frequency-weighting networks which is used as a sound level
measurement system for the measurement of noise.
Any device, or combination of devices, used for or capable
of being used for the transportation of persons or property. Vehicles
include, but are not limited to the following: motor vehicles such
as automobiles, trucks, buses, motorcycles, motorized bicycles, snowmobiles,
scooters, all-terrain vehicles, go-carts, racers, life devices, farm
machinery, industrial machinery, highway graders, trailers, graders,
and semitrailers.
[Ord. 2002-8, 9/23/2002, § 3]
1.
Approved Measurement Systems. The sound level measurement system
to be used in the enforcement of this Part 4 shall meet or exceed
the requirements of American National Standard Specifications for
Sound Level Meters, ANSI S1.4A-1985 or latest approved revision, throughout
the applicable frequency range for A Type S sound level meters which
have the following:
2.
Calibration. An approved sound level measurement system shall be
checked periodically, but in no event less than once each year, to
verify that its accuracy meets the design criteria of the manufacturer
and, if necessary, shall be calibrated and appropriately adjusted
to reflect such design criteria.
[Ord. 2002-8, 9/23/2002, § 3]
The Zoning Officer, or his designee, who is charged with the enforcement of the provisions of this Chapter pursuant to the provisions of Chapter 27, Part 10, § 1001 hereof, shall operate any approved sound measurement system and sound level meter used in the enforcement of this section in accordance with the instructions provided by its manufacturer.
[Ord. 2002-8, 9/23/2002, § 3]
No person shall create or permit the creation of any noise nor
operate nor cause the operation of any source of sound constituting
noise on property owned, leased, occupied or otherwise controlled
by such person which causes the sound level, when measured at or beyond
the boundaries of such property, to exceed the noise levels specified
below during the times indicated.
[Ord. 2002-8, 9/23/2002, § 3]
Noise emitted from the following sources shall be exempt from
the noise level standards specified herein:
1.
All safety signals and warning devices (e.g., intrusion alarms, back-up
alarms on trucks; provided however that burglar alarms not terminating
within 30 minutes after being activated shall not be exempted); authorized
vehicles when responding to emergencies (e.g., police, fire, ambulance
sirens or any other device used to alert persons to an emergency or
used during the conduct of emergency operations.)
2.
The provision, repair and maintenance of municipal services or public
utilities.
3.
Bells, chimes and carillons used for religious purposes or in conjunction
with national celebrations or public holidays.
4.
Appliances, lawn and garden equipment, chain saws, snow removal equipment
and power tools in use between the hours of 7:00 a.m. and 9:00 p.m.,
prevailing time, Monday through Saturday of each week and 11:00 a.m.
and 9:00 p.m., prevailing time, on Sunday of each week; provided,
however, that they are operated within the manufacturer's specifications
and with all standard noise reducing equipment in use, unmodified,
and in proper operating condition.
5.
Construction equipment when being used on a specific short-term or
temporary project (such as construction of a building; construction,
repairing or cleaning a road; drilling a well; and other similar short-term
construction, demolition or repair projects) between the hours of
7:00 a.m. and 9:00 p.m., prevailing time, Monday through Saturday
of each week and 11:00 a.m. and 9:00 p.m., prevailing time, on Sunday
of each week, for the duration of such short-term or temporary project;
provided, however, that such construction equipment is operated within
the manufacturer specifications and with all standard noise-reducing
equipment in use, unmodified, and in proper operating condition.
6.
Air conditioners, fans, heating units and similar comfort devices,
manifestly designed and used solely for individual single-family dwelling
units, provided such are operated within the manufacturer's specifications
and with all standard noise reducing equipment in use, unmodified,
and in proper operating condition.
7.
Airplanes, helicopters, normal activities of properly licensed airports
and trains operating on railroads.
8.
Musical, recreational and athletic events conducted, sponsored or
permitted by schools, local government, or community associations,
community or village festivals, or events sponsored by nonprofit organizations.
9.
Existing weapons firing ranges between the hours of 7:00 a.m. and
9:00 p.m., prevailing time.
10.
All motor vehicles being operated on roads, streets and alleys open
to the public within the Borough of Doylestown; provided, however,
they are operated within the manufacturer's specifications and with
all standard noise reducing equipment in use, unmodified, and in proper
working condition and otherwise in compliance with the provisions
of 67 Pa. Code § 157.11 relating to vehicular noise limits.
11.
All farm-related operations and activities.
[Ord. 2002-8, 9/23/2002, § 3]
1.
The Police Department and the Code Enforcement Officer are hereby
authorized and directed to enforce the provisions of this Part 4.
2.
Any emission of noise from any source which is in violation of the
provisions of this Part 4 shall be deemed and is hereby declared to
be a nuisance and, in addition to the imposition of any fines or penalties
herein provided, may be abated. It shall be lawful for the Code Enforcement
Officer or any police officer who observes any violation of the provisions
of this Part 4 to immediately abate such nuisance, and the failure
of any person to obey an order of the Code Enforcement Officer or
a police officer to comply with the provisions of this Part 4 shall,
in addition to the fines or penalties provided for herein, subject
such person to any other applicable criminal penalties as may be provided
by law.
[Ord. 2002-8, 9/23/2002, § 3]
Any person who shall violate any provision of this Part 4 shall,
upon conviction thereof, be sentenced to pay a fine of not more than
$300 and/or to imprisonment for a term not to exceed 90 days.
[Ord. 2002-8, 9/23/2002, § 3]
All ordinances or parts of ordinances which are inconsistent herewith are hereby repealed. If any sentence, clause, section or part of this Part 4 is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this Part 4. It is hereby declared as the intent of the Borough that this Part 4 would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part thereof not be included herein.
[Ord. 2002-8, 9/23/2002, § 3]
The provisions of this section are not intended to interfere
with, abrogate or annul other rules, regulations or ordinances, including
Title 18 Pa.C.S.A. (Crimes Code) and Title 75 Pa.C.S.A. (Vehicle Code).
If more stringent requirements for the regulation of noise are contained
in other applicable statutes, rules, regulations or ordinances, the
more stringent requirements shall apply.
