[HISTORY: Adopted by the Township Council of the Township of Hampton as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 105.
[Adopted 4-26-1983 by Ord. No. 298 (Ch. 10, Part 5, of the 1995 Code of Ordinances)]
The Council of the Township of Hampton has determined that:
A. 
The making, creation or maintenance of excessive, unnecessary, unnatural or unusually loud noises in the Township of Hampton which are prolonged, unusual and unnatural in their time, place and use affect and are a detriment to the public health, comfort, safety, welfare and property of the residents of Hampton; and
B. 
As a matter of legislative determination and public policy, the provisions, regulations, and prohibitions of this article are enacted pursuant to and for the purpose of securing and promoting the public health, comfort, safety, convenience and welfare of the Township of Hampton and its inhabitants.
As used in this article, all acoustical words and terms shall have the meaning set forth in the publication of the American National Standards Institute, New York, New York, entitled "Acoustical Terminology, "ANSI S1-1960 (R1976). All equipment used in making acoustical measurements shall meet or exceed the requirements set forth in the publication of said Institute entitled, "Specification for Sound Level Meters," ANSI S1.4-1971 (R-1976), and all such measurements so made shall be in full accordance with the methods and procedures set forth in ANSI S1.34-1980 entitled "Engineering Methods for the Determination of Sound Power Levels of Noise Sources for Essentially Free-Field Conditions Over a Reflecting Plane" and ANSI S1.36-1979 entitled "Survey Methods for the Determination of Sound Power Levels of Noise Sources."
A. 
No person shall cause to be made directly or indirectly, by any means whatsoever, any sound that either:
(1) 
Exceeds the following measurements on the A-weighting scale of the sound level meter when measured at any point on the complainant's property:
(a) 
Sixty-five decibels (dBA) between the hours of 7:00 a.m. and 10:00 p.m.
(b) 
Fifty decibels (dBA) between the hours of 10:00 p.m. and 7:00 a.m.
(2) 
Exceeds the following measurements on the A-weighting scale of the sound level meter when measured in the center of a closed room where the complaint originates:
(a) 
Fifty decibels (dBA) between the hours of 7:00 a.m. and 10:00 p.m.
(b) 
Forty decibels (dBA) between the hours of 7:00 a.m. and 10:00 p.m.
B. 
A noise measured or registered from a vehicle within Township limits at a distance of at least 25 feet from the noise source located within the public right-of-way shall not exceed standards set by the Commonwealth of Pennsylvania as set forth in § 202-4B(4) hereof.
A. 
Unless exempted under the provisions of this article, no person shall cause to be made, directly or indirectly, any loud noise which disturbs, injures, or endangers the health, comfort, safety, or welfare of others within the Township of Hampton.
B. 
The following specific acts are declared to be loud, disturbing, and unnecessary noises in violation of this article, but said enumeration shall not be deemed to be exclusive:
(1) 
Horns, signaling devices, etc. The sounding of any horn or signaling device on any automobile, motorcycle, bus, truck, or other vehicle on any street, road, or public place, except as a warning pursuant to the provisions of the Vehicle Code of the State of Pennsylvania; whistle or other device operated by engine exhaust; and, the use of any such signaling device when traffic is for any reason held up.
(2) 
Radio and television sets, phonographs, machines, etc. The use of radio or television receiving set, musical instrument, phonograph, or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet, and comfort of the neighboring inhabitants or at any time with volume louder than is necessary for convenient hearing for the person or persons who are in the room or vehicle in which such machine or device is operated and who are voluntary listeners thereto. The operation of any such set, instrument, phonograph, machine, or device between the hours of 11:00 p.m. and 7:00 a.m. in such a manner as to be plainly audible at a distance of 50 feet from the building, structure, or vehicle in which it is located shall be prima facie evidence of a violation of this section.
(3) 
Loudspeakers, amplifiers for advertising. The use of any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier, or other machine or device for producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising.
(4) 
Animals, birds, etc. The keeping of any animal or bird which by causing frequent or long continued noise shall disturb the comfort or repose of persons residing in the vicinity.
(5) 
Exhausts. The discharge into the open air of the exhaust of any internal combustion engine except through an adequate muffler or other device which will effectively prevent loud or explosive noises therefrom. (Pa. Vehicle Code for state law regarding muffler requirements on motor vehicles.) This includes, by way of example and not by way of limitation, internal combustion engines powering motor vehicles, lawn mowers and chain saws.
(6) 
Loading and unloading. The creation of a loud and excessive noise in connection with loading and unloading any vehicle or the opening or destruction of bales, boxes, crates, and containers.
(7) 
Construction activities. Any and all activities incidental to the erection, demolition, assembling, altering, installing or equipping of buildings, structures, roads or appurtenances thereto, including land clearing, grading, excavation and filling other than between the hours of 7:00 a.m. and 10:00 p.m., Monday through Saturday, except in case of urgent emergency, and then only with the approval of the Township Building Inspector.
(8) 
Domestic power equipment. The operation on private property or on the public way of any power equipment rated five horsepower or less and used for home or building repair or grounds maintenance between the hours of 10:00 p.m. of one day and 7:00 a.m. of the next day is prohibited. Such power equipment shall include, but not be limited to, lawn mowers, garden tools, snow removal equipment, electric or chain saws or any other power equipment used for home or building repair or grounds maintenance.
(9) 
Blowers, fans, pumps. The use of any blower, fan, or pump or engine or motor in connection therewith, including, by way of example and not by way of limitation, air-conditioning systems, compression devices, and pool filter systems, if such use creates loud, penetrating, or continuous noises that disturb the comfort or repose of persons residing in the vicinity.
(10) 
Schools, courts, churches, hospitals. The creation of any excessive noise adjacent to any school, institution of learning, house of worship, or judicial court while the same are in use, or adjacent to any hospital which unreasonably interferes with the workings of such institution, or which disturbs or unduly annoys patients in the hospital, providing conspicuous signs are displayed on the adjacent streets indicating that the same is a school, hospital, church, or court street. (Note: For state statute creating a disorderly person's offense for disturbing schools, churches, libraries, and other places of assembly, see Pennsylvania State Statutes.)
(11) 
Hawkers, peddlers. The shouting and crying of peddlers, hawkers, and vendors which disturbs the peace and quiet of the neighborhood.
(12) 
Drums, bells, and the like. The use of any drum, bell, horn, loudspeaker or other instrument or device for the purpose of attracting attention to any performance, show, or sale, or display of merchandise by any creation of noise or sound.
(13) 
Mobile loudspeakers. The use of mechanical loudspeakers or amplifiers on vehicles or aircraft for commercial advertising purposes.
(14) 
Yelling, shouting, and the like. Yelling, shouting, hooting, whistling, or singing on the public streets at any time or place so as to annoy or disturb the quiet, comfort, or repose of persons in any office, dwelling, hotel, motel, or other type of residence of any persons in the vicinity.
(15) 
Motor vehicles.
(a) 
No person shall operate either a motor vehicle or combination of vehicles of a type subject to registration, except police or fire equipment or ambulances, at any time or under any condition of grade, load, acceleration or deceleration in such a manner as to exceed the following noise limit for the category of motor vehicle based on a distance of 50 feet from the center of the lane of travel within the speed limits specified in this section:
[1] 
Speed limit of 35 miles per hour or less/speed limit of more than 35 miles per hour.
[a] 
Any motor vehicle with a manufacturer's gross vehicle weight rating of 7,000 pounds or more, any combination of vehicles towed by such motor vehicle, and any motor vehicle: 90 decibels/92 decibels.
[b] 
Any other motor vehicle and any combination of vehicles towed by such motor vehicles: 82 decibels/86 decibels.
(b) 
The testing procedures to determine violations of this section shall be in accordance with those adopted by the Commonwealth of Pennsylvania pursuant to the Act of June 17, 1976, P.L. 162, No. 81, § 1, 75 Pa.C.S.A. § 4523.
(c) 
This section applies to the total noise from a vehicle or combination of vehicles and shall not be construed as limiting or precluding the enforcement of any other provisions of this article relating to motor vehicle exhaust noise.
C. 
If any person who is not exempted under the provisions of this article shall cause to be made any of the noises prohibited under this § 202-4, and if said noises shall be proved to be in violation of the sound levels prescribed under § 202-3, said proof shall be sufficient to prove a violation under this § 202-4.
The prohibitions contained in this article shall not apply to persons:
A. 
Who are engaged in the performance of any public governmental function such as the sounding of a church or school bell, or a police fire, ambulance, air raid or like disaster warning, alert or alarm, whether such alarm be for an actual emergency purpose or for practice or drilling purposes.
B. 
Who are engaged in a religious, charitable, recreational, civic or political activity by means of a sound truck or other amplifying device for nonprofit purposes; provided that such persons shall have first filed with the Township an application for a permit setting forth the sponsorship, date, hours, and routes of such activity and the Township shall have issued a permit after having ascertained that such activity is not in conflict in terms of hours, route traffic volume and like factors, with any other previously scheduled activity.
C. 
Who are engaged in any activity specifically permitted or required by any ordinance, resolution, statute or governmental regulation.
[Amended 4-26-1995 by Ord. No. 505]
Any person who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine not exceeding $600 and costs, or in default of payment thereof, shall be subject to imprisonment for a term not to exceed 30 days. Each day that a violation of this article continues shall constitute a separate offense.
[Adopted 8-24-2005 by Ord. No. 659]
A person who drives a motor vehicle equipped with a compression release engine brake or Jake brake® upon any roadway within the Township shall not utilize the compression release engine brake or jake brake instead of the service brake system, except in the case of failure of the service brake system or emergency.
Any person who shall violate any provision of this ordinance shall, upon conviction thereof, be sentenced to pay a fine of $150 together with all costs.