[HISTORY: Adopted by the Board of Supervisors of the Township
of West Goshen 4-25-2012 by Ord. No. 03-2012. Amendments noted
where applicable.]
This chapter shall apply to the control of all sound originating
within the limits of West Goshen Township.
As used in this chapter, the following terms shall have the
meanings indicated herein:
The operation of heavy construction equipment in construction
or demolition projects.
Any site preparation, assembly, erection, repair, alteration,
remodeling, or similar action, including demolition and removal 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.
Trucks with three or more axles, earthmoving grading equipment.
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 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 5 dB for center frequencies
of 500 Hz and above, by 8 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 chapter shall meet
the current American National Standard Institute specifications.
The West Goshen Township Police and Code Enforcement Officers shall have the power to administer the terms of this chapter, investigate complaints and prosecute violations of this chapter in accordance with § 52A-6 of this chapter. When enforcing the terms of this chapter, the Police and Code Enforcement Officers may retain consultants and engineers with experience in measuring sound levels with the use of sound level meters.
A.Â
Specific prohibited acts. The following actions are specifically
prohibited regardless of the sound level which is emitted, unless
otherwise exempted in this chapter:
(1)Â
No person shall operate, play or permit the operation or playing
of any radio, television, phonograph, drum, musical instrument, cassette
player, electronic recording device, sound amplifier or similar device
which produces, reproduces or amplifies sound in such a manner as
to be plainly audible across a property line except between the hours
of 7:00 a.m. until 9:00 p.m. every day of the week.
(2)Â
No person shall operate or permit the outdoor operation of any tools,
equipment or machinery used for commercial construction, drilling
or demolition, or in the sweeping of parking lots in such a manner
as to be plainly audible across a property line except between the
hours of 7:00 a.m. until 7:00 p.m. Monday through Friday and from
9:00 a.m. to 5:00 p.m. on Saturdays. It shall be unlawful to operate
or permit the outdoor operation of any tools, equipment or machinery
used for commercial construction, drilling or demolition, or in the
sweeping of parking lots in such a manner as to be plainly audible
across a property line on Sundays and legal holidays (which shall
include the following holidays: New Year's Day, Martin Luther
King Day, Presidents' Day, Memorial Day, Fourth of July, Labor
Day, Columbus Day, Veterans' Day, Thanksgiving and Christmas).
(3)Â
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) in such
a manner as to be plainly audible across a property line except between
the hours of 7:00 a.m. until 9:00 p.m. every day of the week.
(4)Â
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 in such a manner as to be
plainly audible across a property line except between the hours of
7:00 a.m. until 9:00 p.m. every day of the week, except that municipal
trash trucks may operate between the hours of 6:00 a.m. until 9:00
p.m. every day of the week.
(5)Â
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)Â
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)Â
No person shall repair, rebuild or test or otherwise work on any
motorcycle, motor vehicle, motorboat or aircraft outdoors in such
a manner as to be plainly audible across a property line except between
the hours of 7:00 a.m. until 9:00 p.m. every day of the week.
(8)Â
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.Â
General performance standards/noise levels.
(1)Â
In those cases not specifically controlled by § 52A-4 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)Â
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.
|
65 dBA
| |
10:00 p.m. to 7:00 a.m. plus Sundays and legal holidays
|
60 dBA
| ||
Residential uses permitted by ordinance in an industrial or
industrial-commercial district
|
At all times
|
65dBA
| |
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)Â
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 § 52A-4 of this chapter:
A.Â
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.Â
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.Â
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.Â
Authorized emergency vehicles responding to an emergency.
E.Â
A snowplow, snowblower or other similar device in operation used
to remove snow or ice.
F.Â
Work or activities performed or sponsored by schools and governmental
agencies or their contractors in the performance of public service.
G.Â
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.
I.Â
Public celebrations specifically authorized by the Township.
J.Â
Agriculture.
K.Â
Between the hours of 7:00 a.m. and 7:00 p.m., industrial uses which were in existence as of April 25, 2012 (the date of adoption of this chapter), shall be exempt from all standards in § 52A-4 of this chapter. Between the hours of 7:00 p.m. and 7:00 a.m., industrial uses which were in existence as of April 25, 2012 (the date of adoption of this chapter), shall be required to comply with only the general performance standards/noise levels in § 52A-4B of this chapter.
[Added 10-10-2012 by Ord. No. 07-2012]
Any person who violates or permits the violation of any provision
of this chapter shall, upon conviction thereof in a summary proceeding
brought before a District Justice under the Pennsylvania Rules of
Criminal Procedure, be guilty of a summary offense, and shall be subject
to the payment of a fine of not less than $100 and not more than $1,000,
plus the costs of prosecution. In default of payment thereof, the
defendant may be sentenced to imprisonment in the county prison for
a term of not more than 30 days. Each section of this chapter violated
shall constitute a separate offense, and each day or portion thereof
in which a violation of this chapter is found to exist shall constitute
a separate offense, each of which violations shall be punishable by
a separate fine imposed by the District Justice of not less than $100
and not more than $1,000, plus the costs of prosecution, or upon default
of payment thereof, the defendant may be sentenced to imprisonment
in the county prison for a term of not more than 30 days. All fines
and penalties collected for the violation of this chapter shall be
paid to the Township Treasurer.