[Ord. 99-13, 6/10/1999, § 601]
All terminology used in this Part, not defined below, shall
be in conformance with applicable publications of the American National
Standards Institute (ANSI) or its successor body.
The sound pressure level as measured on a sound level meter
using the A-weighting decibel network. The level so read shall be
designated dB(A).
The sound pressure level of the all-encompassing noise associated
with a given environment, being usually a composite of sound from
many sources.
The erection, repair, renovation, demolition or removal of
any building or structure and the excavation, filling, grading and
regulation of lots in connection therewith.
A logarithmic unit of measure used in describing the amplitude
of sound. Decibel is denoted as dB.
Any department, agency or authority of Susquehanna Township.
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage.
Work made necessary to restore property to a safe condition
following a public calamity, work to restore public utilities, or
work required to protect persons or property from an imminent exposure
to danger.
A motor vehicle used in response to a public calamity or
to protect persons or property from an imminent exposure to danger.
Noise characterized by brief excursions of sound pressure
which significantly exceed the ambient sound pressure. The duration
of a single impulse is usually less than 1 second.
The same as defined in the Pennsylvania Motor Vehicle Code.
A device decreasing or abating the level of sound escaping
from an engine or machinery system.
Any sound which is unwanted or which causes an adverse psychological
or physiological effect on human beings.
Sound which:
Any individual, association, partnership or corporation,
user, owner or operator and includes any officer, employee, department,
agency or instrument of a state or any political subdivision of a
state. Whenever used in any clause prescribing and imposing a penalty,
"person" includes the individual members, partners, officer and managers
or any of them of partnerships and associations, and as for corporations,
the officers and managers thereof or any of them, and in their absence,
the shareholders.
Any noise for which the information content of that noise
is unambiguously communicated to the listener, such as, but not limited
to, understandable spoken speech and comprehensible musical rhythms.
Any powered vehicles, either airborne, waterborne or landborne,
which are designed not to carry persons or property such as, but not
limited to, model airplanes, boats, cars, rockets and which can be
propelled by mechanical means.
An imaginary line exterior to any enclosed structure, at
the ground surface, which separates the real property owned, rented
or leased by one person from that owned, rented or leased by another
person, and its vertical extension.
Any street, avenue, boulevard, highway, sidewalk, alley or
similar place which is owned or controlled by a governmental entity.
Any real property or structures thereon which are owned or
controlled by a governmental entity.
Any sound which can be heard as a single pitch or a set of
single pitches. For the purpose of this Part, a pure tone shall exist
if the 1/3 octave band sound pressure level in the band with the tone
exceed the arithmetic average of the sound pressure levels of the
two contiguous octave bands be 5dB for central frequencies of 500
Hz and above and by 8 dB for center frequencies less than or equal
to 125 Hz.
All land whether publicly or privately owned, whether improved
or not improved, with or without structures, exclusive of any areas
devoted to public rights-of-way.
An oscillation in pressure, particle displacement, particle
velocity or other physical parameter, in a medium with internal forces
that cause compression and rarefaction of that medium or the superposition
of such propagated oscillation which evokes an auditory sensation.
The description of "sound" may include any characteristics of such
sound, including duration, intensity and frequency.
The weighted sound pressure level obtained by the use of
a sound level meter and frequency weighting network, such A, B or
C, as specified in the American National Standards Institute Specifications
for sound level meters (ANSI S1.4-1971, or of the latest revision
thereof). If the frequency weighting employed is not included, the
A-weighting shall apply.
An instrument, which includes, but is not limited to, a microphone,
amplifier, RMS detector, integrator or time average or output meter,
that measures sound pressure fluctuations. The output meter reads
sound pressure level when properly calibrated and the instrument is
of Type 2 or better as specified in American National Institute Publication
S1.4-1971, or its successor publication. The manufacturer's published
indication of compliance with such specifications shall comply.
Any stationary device, fixed or movable, which is located
or used on any real property.
[Ord. 99-13, 6/10/1999, § 602]
The power and authority to enforce the provisions of this Part
shall be vested in the Police Department and Codes Enforcement Officer
or his designee.
[Ord. 99-13, 6/10/1999, § 603]
The following acts are declared to be a noise disturbance and
in violation of this Part if occurring during the period of time set
for in this Section:
A.
Operating or permitting the use or operation of any radio set, musical
instrument, television, phonograph, sound amplifier, automobile radio,
automobile stereo, high fidelity equipment, portable stereo or other
device including, but not limited to, devices utilizing digital technology,
for the production or reproduction of sound.
(1)
Between the hours of 9:00 p.m. and 7:00 a.m. the following day so
as to create a noise disturbance within a dwelling unit which is not
the source of the sound.
(2)
If such noise exceeds the ambient noise level by greater than 15dB(A)
for more than 10% of the measurements period, which at any point within
the property affected by the noise. When the noise emanates from a
public right-of-way or public space, such noise level shall be measured
from the boundary line of the real property affected by the noise,
the curbline of a public street or way, or a point not less than 50
feet from the source of the noise, whichever is less. For the purpose
of this Section, the ambient noise level shall be measured when the
source is not operating.
B.
It shall be unlawful to own, possess or harbor any dog or animal
which howls, barks, meows or makes other sounds frequently or for
continuous duration which creates a noise disturbance. To the end
that no persons in Susquehanna Township shall be deprived of or suffer
unreasonable interference with peace, quiet, rest or sleep. Any person
who violates this subsection shall receive one warning, and upon a
second occurrence shall be issued a citation.
C.
Between the hours of 9:00 p.m. and 7:00 a.m. the next day, loading,
unloading or handling boxes, containers, garbage cans or other similar
objects in such a manner as to cause a noise disturbance across the
property line (boundary). This Section shall not apply to municipal
or utility services in or about the public right-of-way, and the collection
of refuse.
D.
Between the hours of 9:00 p.m. and 7:00 a.m. the next day, repairing,
rebuilding, modifying or testing any machine with an internal combustion
engine, in or near a residential use district if the noise of such
repairing, rebuilding, modifying or testing exceeds the ambient noise
level by greater than 15dB(A) for more than 10% of the measurement
period, which shall not be less than 10 minutes, when measured at
the property line or at any point within the property affected by
the noise. When the noise emanates from a public right-of-way or public
space, such noise level shall be measured from the boundary line of
the real property affected by the noise, the curbline of a public
street or way, or a point not less than 50 feet from the source of
the noise, whichever is less. For purposes of this Section, the ambient
noise level shall be measured when the source is not operating.
E.
Between the hours of 9:00 p.m. and 7:00 a.m. the next day, operating
or permitting the operation of powered model vehicles in such a manner
as to create a noise disturbance across any property boundary.
F.
Offering for sale or selling by shouting or outcry or by any other
amplified or unamplified sound within any residential manner, except
between the hours of 7:00 a.m. and 9:00 p.m. and at no time in excess
of the sound levels set forth in § 6-703(A)(2).
G.
The following acts or the cause thereof are prohibited:
(1)
The removal or render inoperative by any persons other than for purposes
of maintenance, repair or replacement, of any muffler or sound dissipative
device or element of design or noise label of any product.
(2)
The intentional moving or rendering inaccurate or inoperative of
any sound monitoring instrument or device positioned by or for the
personnel authorized to enforce this Part, provided such device is
clearly labeled in accordance with noise control regulations to ward
off the potential illegality.
(3)
The use of a product which has had a muffler or sound dissipative
device or element of design or noise label removed or rendered inoperative
with knowledge that such action has occurred.
H.
The noise from any of the aforesaid prohibited acts that disturbs
two or more residents in general agreement as to times and duration
of the noise and who reside in separate residences, including apartments
and condominiums located across a property line (boundary) from the
property on which the source of the noise is generated, shall be prima
facie evidence of noise disturbance.
[Ord. 99-13, 6/10/1999, § 604; as amended by Ord.
05-02, 3/10/2005, § 1]
1.
No person shall operate or permit the operation of any motor vehicle
or any auxiliary equipment attached to such a vehicle while the vehicle
is stationary, for reasons other than traffic congestions, anywhere
within 150 feet of any residence in such a manner as to cause a noise
disturbance across a residential property line (boundary).
2.
The noise from any of the prohibited acts that disturbs two or more
residents who are in general agreement as to time and duration of
the noise and who reside in separate residences, including apartments
and condominiums located across a property line (boundary) from the
property on which the source of the noise is generated, shall be prima
facie evidence of a noise disturbance.
3.
No person shall operate or permit the operation of any motor vehicles
or any auxiliary equipment attached to such a vehicle or any radio,
stereo, or any amplified music or sound in such vehicle such that
sound from that vehicle or equipment is audible at a distance of 50
feet from the source of the amplified sound. If the sound is audible
from a distance of 50 feet from the vehicle source, it shall be a
per se violation of this chapter.
[Ord. 99-13, 6/10/1999, § 605]
1.
Violation of this Part shall be cause for a citation to be issued
forthwith. In lieu of a citation, enforcement personnel may issue
a written 24 hour notice signed by a member of the authorized department,
served personally or be certified mail, with return receipt requested,
directly to the owner, occupant, person(s) in charge of or in control
of the device, building or premises to abate such violation of this
Section. The written notice shall explain the provisions of this Section.
Failure to comply with the order so issued and served shall constitute
a further violation of this Part.
2.
Upon good cause shown by the owner of any noise course, the member of the authorized department who issued the notice pursuant to § 6-706, shall have the power to grant an exemption from the operation of this Section in order to allow for sufficient time for installation of needed control equipment, such exemption may be renewed for an additional like period, but only if satisfactory progress toward compliance is shown.
[Ord. 99-13, 6/10/1999, § 606]
The following sounds are exempted from the provisions of this
Part:
A.
Railway locomotives and cars.
B.
Amplified Announcements. Electronically amplified announcements,
athletic events.
C.
Blasting. Blasting under permit, which blasting may occur only between
the hours of 9:00 a.m. and 4:00 p.m., Monday through Friday, unless
specifically authorized by such permit.
D.
Concerts, etc. Band concerts, block parties, church carnivals or
other performances or similar activities publicly or privately sponsored
and presented in any public or privately sponsored and presented in
any public or private space outdoors, provided:
E.
Emergency Operations. Sound caused by the performance of emergency
operations, or by the ordinary and accepted use of emergency apparatus
and equipment.
F.
Municipal and Utility Services. Sounds resulting from the repair
or replacement of any municipal or utility installation in or about
the public right-of-way.
G.
School and Public Activities. Sounds not electronically amplified,
created by organized school related activities, athletic and entertainment
events, other than fireworks or fireworks displays.
H.
Other Exemptions.
(1)
Highway noise.
(2)
Aircraft.
(3)
Idling of construction equipment on highways.
(4)
Farm animals located in an area zoned to allow farm animals.
(5)
Noise caused in the performance of emergency work for the immediate
safety, health or welfare of the community or individuals of the community,
or to restore property to a safe condition following a public calamity.
[Ord. 99-13, 6/10/1999, § 607]
Any person violating any of the terms of this Part shall, upon
conviction in a summary proceeding, be subject to a fine not to exceed
$500 or be less than $100 for each offense, as hereinafter set forth,
costs of prosecution and in default of payment of such fines and costs,
imprisonment for a period not exceeding 30 days.
