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:
CONSTRUCTION
Any site preparation, assembly, erection, repair, alteration,
remodeling, or similar action, including demolition and removal of
buildings or structures.
CONTIGUOUS LAND USE
Any land use bordering or abutting, whether divided by real
property boundary or by real property boundary and public street.
CONTINUOUS SOUND
Any sound which is static, fluctuating or intermittent with
a recurrence greater than one time in any fifteen-second interval.
DECIBEL (DB)
A numerical expression of the relative loudness of a sound.
DEMOLITION
Any dismantling, destruction, or removal of buildings, structures
or roadways.
EMERGENCY
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage which demands immediate
action.
IMPULSIVE SOUND
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.
LAND USE
The actual real use of land and buildings thereon situated
regardless of the zoning or other classification attributed to such
land and buildings.
MOTOR VEHICLE
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.
NOISE
Any sound which annoys or disturbs humans or which causes
or tends to cause an adverse psychological or physiological effect
on humans.
PLAINLY AUDIBLE SOUND
Any sound that can be detected by a person using his or her
unaided hearing facilities.
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 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.
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 DISSIPATIVE DEVICE
A noise-control device intended to abate or lessen the noise
made by vehicles, equipment or machinery.
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 SI.4-1971, or the latest approved revision
thereof). 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. 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.
The following noises are exempted from the provisions set forth in §
52A-4 of this chapter:
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 snowplow, snowblower or other similar device in operation used
to remove snow or ice.
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 450 of Title 67 of the Pennsylvania Code of Regulations,
Subchapter B, Established Sound Levels.
I. Public celebrations specifically authorized by the Township.
K. 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.