[HISTORY: Adopted by the Board of Supervisors of the Township
of Coolbaugh 6-6-1996 by Ord. No. 89 (Ch. 6, Part 1, of the
1999 Code of Ordinances). Amendments noted where applicable.]
This chapter shall be known as the "Coolbaugh Township Noise
Ordinance."
[Amended 2-16-1999 by Ord. No. 97]
This chapter is enacted pursuant to §§ 1506,
1516, 1527, 1529 and 1601 of the Second Class Township Code, 53 P.S.
§§ 66506, 66516, 66527, 66529 and 66601.
The purpose of this chapter is to ensure that public health,
safety and welfare shall not be abridged by the making and creating
of noise pollution or of public nuisances from disturbing, excessive
or offensive noises in the Township. The residents of the Township
recognize that uncontrolled noise represents a danger to the health
and welfare of their neighbors and that each person in the community
is entitled to live in an environment in which the level of impulsive
and amplified noise is minimized for the community good. It is the
purpose and scope of this chapter to provide regulations defining
the maximum sound levels that vehicles, appliances and equipment shall
be allowed to produce at specified distances from these devices, and
also to provide for the prohibition of other kinds of offensive noises.
These regulations and prohibitions are intended to protect the physical,
mental and social well-being of the residents of Coolbaugh Township.
The Board of Supervisors finds that the failure of individuals,
businesses, industries, persons maintaining animals, social gatherings
and other activities to regulate the noise emanating from their premises
constitutes a violation of the peace and enjoyment of the residents
of the Township and a public nuisance. Specifically, such noise emanating
from home occupations, businesses, industries, sound amplification
equipment, radios, electronic sound recording equipment, vehicles,
persons maintaining animals, social gatherings and other activities:
A.
Creates a nuisance in that residents are deprived of the enjoyment
of their homes, disturbed in their sleep and otherwise prevented from
the quiet enjoyment of their residential premises.
B.
Affects the property values of residences in the residential districts
of the Township.
C.
Affects the public welfare by reflecting negatively on the residential
districts established for the Township.
D.
Disturbs the peace and good order of the Township.
E.
Creates noise pollution which may be injurious to health.
The following words and phrases, when used in this chapter,
shall have, unless the context clearly indicates otherwise, the meanings
given to them in this section. All acoustical terminology shall be
interpreted in accordance with that contained in "ANSI S1.1, Acoustical
Terminology." All other words and terms not defined herein shall be
used with a meaning of standard usage.
American National Standards Institute, or its successor.
A unit of sound level which is a division of a logarithmic
scale used to express the ratio of the sound pressure of the source
to the pressure of an arbitrarily chosen reference pressure; the ratio
is expressed on the decibel scale by multiplying its "base 10 logarithm"
by 20.
That sound which is:
A noise whose sound level varies significantly with time.
A noise characterized by brief excursions of sound level.
The duration of a single impulse is usually less than one second.
A noise whose sound level exceeds the ambient noise levels
at least twice during the period of observation, which is one minute
or more. The period of time during which the level of the noise remains
at an essentially constant value different from that of the ambient
is on the order of one second or more.
9:00 p.m. to 7:00 a.m., prevailing time.
Any sound emitted by a person, animal, appliance, equipment,
instrument or other device.
Airborne sound levels expressed in Db and obtained by the
use of specific frequency dependent weighing networks, as specified
in the referenced standards and indicated by proper notation; if "A"
weighing is employed, the sound level is identified as Db(A).
Noise of such loudness and character from a single source
or from multiple sources, which is or may be predicted with reasonable
certainty to be, injurious to health or which unreasonably interferes
with the enjoyment of property or with any lawful business or activity.
Noise/sound pressure levels exceeding those permitted in any district
shall constitute "noise pollution."
A social gathering.
The time interval during which acoustical data are abstained.
The period of observation is determined by the characteristics of
the noise being measured and the instrumentation being used. The period
of observation must be at least as long as the response time of the
instrumentation. The greater the variance in individual sound level,
the longer must be the observation time for a given expected accuracy
of measurement.
Includes an individual, firm, association, organization,
partnership, trust, company, corporation or any other similar entity.
Society of Automotive Engineers.
See "noise level."
An instrument or combination of instruments which meets or
exceeds the requirements for an ANSI S2.4 and S1.25 type S2A sound
level meter.
A noise whose level remains essentially constant (i.e., fluctuations
are less than five Db during the period of observation) is a steady
noise.
The Township of Coolbaugh.
Any device, or combination of devices, used for or capable
of being used for transporting persons or property. Vehicles include,
but are not limited to, the following: automobiles, trucks, buses,
motorcycles, motorized bicycles, snowmobiles, scooters, all-terrain
vehicles, go-carts, racers and like devices, farm machinery, industrial
machinery, highway graders, trailers, graders and semitrailers.
Those districts as set forth on the Zoning Map of the Township.
The following limits are established for noise in the Township:
A.
General standards. No person shall create or allow the creation of
any noise or operate or cause to be operated any source of sound on
property owned, leased, occupied or otherwise controlled by such person,
which causes the sound level, when measured at or beyond the boundaries
of the lot on which such activities take place, to exceed the noise
levels specified below for the various zoning districts.
|
Zoning Districts
|
Noise Level
[Db(A)]
| |
|---|---|---|
|
All forest, agricultural and residential districts
|
62
| |
|
All other zoning districts
|
70
|
B.
Special regulations. No person shall create or permit to be created
any sound which can be heard at the residence of any neighbor in any
residential district, as follows:
C.
Vehicles. No person shall operate either a motor vehicle of a type
subject to registration, except in police, fire equipment, ambulance
or other government emergency vehicles, at any time or under any condition
of grade, load, acceleration or declaration in such a manner as to
exceed the following noise limits for the category of minor vehicles
based on a distance of 50 feet from the center of the lane traveled
on within the speed limit specified in this section, under test procedures
established by this chapter.
|
Speed Limit
| |||
|---|---|---|---|
|
Type of Vehicle
|
35 mph or Less
|
More than 35 mph
| |
|
Any motor vehicle with a manufacturer's gross combination
weight rating of 10,000 pounds or more and any combination of vehicles
towed by such motor vehicle
|
86 Db(A)
|
90 Db(A)
| |
|
Any other vehicle or any combination of vehicles towed by such
motor vehicle
|
76 Db(A)
|
82 Db(A)
| |
|
Any motorcycle or motor-driven cycle
|
78 Db(A)
|
82 Db(A)
| |
D.
Equipment. No person shall operate any powered equipment or power
hand tool that produces a maximum noise level exceeding the following
noise limits at a distance of 50 feet, under test procedures established
by this chapter.
|
Type of Equipment
|
Noise Limit
| |
|---|---|---|
|
Construction and industrial machinery such as crawler-tractors,
dozers, rotary drills and augers, loaders, power shovels, cranes,
derricks, motor graders, paving machines, off-highway trucks, ditches,
trenches, compactors, scrapers, pavement breakers, truck loaders,
conveyor belts, stone crushers, compressors and pneumatic power equipment,
but not including pile drivers
|
86 Db(A)
| |
|
Agricultural tractors and equipment
|
86 Db(A)
| |
|
Power commercial equipment of 2 HP or less, intended for infrequent
use in residential areas, such as chain saws, pavement breakers, log
chippers, power hand tools, etc.
|
86 Db(A)
| |
|
Power equipment intended for repetitive use in residential areas,
such as lawn mowers, small lawn and garden tools, riding tractors,
snow removal equipment, etc.
|
70 Db(A)
|
Noise emitted from the following sources shall be exempt from
the noise standards specified herein:
A.
All safety signals and warning devises (e.g., intrusion alarms, backup
alarms on trucks); 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
work).
B.
The provision, repair and maintenances of municipal services or public
utilities.
C.
Bells, chimes and carillons used for religious proposes or in conjunction
with national celebrations or public holidays; existing bells, chimes
and carillons that are currently in use for any purpose.
D.
Appliances, lawn and garden equipment, snow removal equipment and
household power tools in use between the hours of 7:00 a.m. (prevailing
time) and 9:00 p.m. (prevailing time), provided such are operated
within the manufacturer's specifications and with all standard
noise reducing equipment in use, unmodified, and in proper operating
condition.
E.
Heavy construction equipment when being used for a relatively short
period of time on a specific short-term project (such as constructing
a building; repairing or cleaning a road; drilling a well; and other
similar short-term, specific, construction, demolition or repair projects)
in use between the hours of 7:00 a.m. and 6:00 p.m., prevailing time,
for the duration of such short-term, specific project; provided, such
heavy construction equipment is operated within the manufacturer specifications
and with all standard noise-reducing equipment in use, unmodified
and in proper operating condition.
F.
Air conditioners, fans, heating units and similar comfort devices;
provided such are operated within the manufacturer's specifications
and reasonable measures are taken to reduce noise levels as approved
by the Noise Enforcement Officer.
G.
Airplanes, helicopters and normal activities of properly licensed
airports.
H.
Musical, recreational and athletic events conducted by or permitted
by schools or local government.
I.
Activities permitted by special waiver and provided herein, according
to the terms and conditions of said waiver; activities conducted in
accordance with a special activity permit approved by the Board of
Township Supervisors.
A temporary waiver from strict compliance with the noise standards
specified herein may be granted to persons during emergency circumstances,
as determined by the Noise Enforcement Officer, to permit reasonable
time to effect repairs and/or adjustments to equipment, appliances,
instruments and other sound emitting devices which, when in use, exceed
the noise level limits, provided that the use of such devices shall
be essential to preserve and protect health and safety or to comply
with other lawful rules, regulations and ordinances.
For the administration of this chapter, the Board of Supervisors
shall appoint a Noise Enforcement Officer, who shall not hold any
elective office in the Township and who shall be qualified by training
and experience to perform the necessary measurements and procedures
required to determine violations of this chapter. The duties of the
Noise Enforcement Officer shall be:
A.
To make inspection and observations of noise conditions and to investigate
complaints.
B.
To issue all warnings, citations and special waivers as provided
herein, and to undertake all other activities necessary for the enforcement
and administration of this chapter.
C.
To prepare and maintain records of all activities undertaken in the
course of the administration or enforcement of this chapter.
This chapter may be enforced by the Noise Enforcement Officer
or any police officer.
The following procedures and penalties are prescribed for enforcement
of this chapter:
A.
First offense. If it is determined by the Noise Enforcement Officer
or a police officer that a noise level is in excess of the levels
prescribed by this chapter, the Officer shall issue a written warning
to the person responsible. Any such warning shall be in effect for
90 days.
B.
Second and subsequent offenses. If it is determined by the Noise
Enforcement Officer or a police officer that a noise level in excess
of the levels permitted by this chapter shall have been caused or
permitted by any person within 90 days after the issuance of a warning
for a first offense, the officer shall issue a citation to such person
causing or permitting said noise level, and prosecute the same before
the Magisterial District Judge.
C.
Injunctions. In addition, the Noise Enforcement Officer or a police
officer may, after obtaining approval by the Board of Supervisors,
file legal or equitable actions in court in the name of the Township
to abate or enjoin violations of this chapter.
D.
Other penalties. Nothing in this chapter shall be construed to impair
any cause of action, for legal remedy of any person or the public
for injury or damage arising from the emission or release into the
atmosphere or ground from any source whatever of noise in such place
or manner, or at such levels which may give rise to such cause of
action.
E.
Public nuisance. Any emission of noise from any source in excess
of the limitations established herein is hereby declared to be a public
nuisance and may be abated by administrative or judicial proceedings,
fines and penalties herein provided.
F.
Other remedies. Nothing in this chapter shall be construed to impair
any cause of action or legal remedy thereof of any person or the public
for injury or damage arising from the emission or release into the
atmosphere or ground from any source whatever of noise on such place
or manner, or at such levels which may give to such cause of action.
G.
Noise pollution. This chapter is enacted as an ordinance for protection
of the public health and safety and for the control of noise pollution
in the Township.
The provisions of this chapter are not intended to interfere
with, abrogate or annul other rules, regulations or ordinances, including
Title 18 (Crimes Code) and Title 75 (Vehicle Code), Pennsylvania Consolidated
Statutes. If more stringent requirements concerning noise abatement
are contained in the other statutes, rules, regulations or ordinances,
the more stringent regulation shall apply.
[Amended 2-16-1999 by Ord. No. 97]
Any person firm, or corporation who shall violate any provision
of this chapter, upon conviction thereof in an action brought before
a district justice in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not less than $25 nor more than $1,000
plus costs and, in default of payment of said fine and costs, to a
term of imprisonment not to exceed 90 days. Each day that a violation
of this chapter continues or each section of this chapter which shall
be found to have been violated shall constitute a separate offense.
