[Ord. No. 8, passed 6-14-1946]
No person shall throw or deposit wastepaper, sweepings, ashes,
household waste, nails, rubbish of any kind or debris in or on the
streets or roads of the Township.
[Ord. No. 8, passed 6-14-1946]
No person shall haul or carry wastepaper, sweepings, ashes,
household waste, nails, rubbish of any kind or debris in a truck,
wagon, cart or other vehicle that is not covered by a tarpaulin in
such manner as to prevent the contents from being blown in any form
upon the streets and highways of the Township.
[Ord. No. 36,
passed 3-3-1953]
No person shall dump, keep or suffer to remain on his, her or
its premises, or on any private property, including any vacant lots,
any garbage, rubbish, waste or waste materials or any other offensive
or unwholesome matter, or cast the same upon any vacant lot or piece
of ground within the Township, or on any highway, street or alley,
or upon the shores or margin of any stream within the Township or
so near the limits thereof as to annoy or be offensive to anyone.
[Ord. No. 447,
passed 9-10-2009]
(a)
Purpose. The purpose of this section is to ensure that public health,
safety and welfare shall not be abridged by the making and creating
of noise pollution, dust pollution or of public nuisances from disturbing,
excessive or offensive noises and dust in the Township. The residents
of the Township recognize that uncontrolled noise and dust 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 and dust is
minimized for the community good. It is the purpose and scope of this
section to provide regulations defining the maximum sound levels and
dust that vehicles, appliances and equipment shall be allowed to produce
at specified distances from these devices, and also to provide for
the prohibition of all kinds of offensive noises and dust. These regulations
and prohibitions are intended to protect the physical, mental and
social well-being of the residents of the Township.
(b)
Legislative findings. The Township Council finds that failure of
individuals, businesses, industries, persons maintaining animals,
social gatherings and other activities to regulate noise and dust
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 and dust emanating from home occupations,
businesses, industries, sound amplification equipment, radios, electronic
sound recording equipment, vehicles, persons maintaining animals,
social gatherings and other activities:
(1)
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;
(2)
Affects the property values of residences in the Township;
(3)
Affects the public welfare by reflecting negatively on the quality
of life in residential areas of the Township;
(4)
Disturbs the peace and good order of the Township; and
(5)
Creates noise and dust pollution.
(c)
Definitions. The following words and phrases, when used in this section,
shall have, unless the context clearly indicates otherwise, the meanings
given to them in this subsection.
(1)
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.
(2)
ANSI — Is the American National Standards Institute, or
its successors.
(3)
DECIBEL (dB) — Is a unit of sound level which is a division
of a logarithmic scale used to express the ratio of 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.
(4)
EXCESSIVE NOISE — Is that sound which is injurious or
which unreasonably interferes with the comfortable enjoyment of life
and property; and annoying to a person of ordinary sensibilities.
Measured noise levels in excess of limits established in these regulations
or those specified in valid permits are declared to be excessive noise.
(5)
NIGHT TIME — Is 10:00 p.m. to 7:00 a.m. prevailing time,
conversely, "day time" is 7:00 a.m. to 10:00 p.m., prevailing time.
(6)
NOISE — Means any sound emitted by a person, animal, appliance,
equipment, instrument or other device.
(7)
NOISE LEVEL — Means airborne sound levels expressed in
dB and obtained by the use of specific frequency dependent weighting
networks, as specified in the referenced standards and indicated by
proper notation; if all weighting is employed, the sound level is
identified as dB(A).
(8)
NOISE POLLUTION — Is 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".
(9)
PERSON — Includes an individual, firm, association, organization,
partnership, trust, company, corporation or any other similar entity.
(10)
SOUND LEVEL — Means noise level.
(11)
SOUND LEVEL METER — Is an instrument or combination of
instruments which meets or exceeds the requirements for an ANSI Type
SIA or Type S2A Sound Level Meter.
(12)
TOWNSHIP — Is the Township of Upper Providence, Delaware
County, Pennsylvania.
(13)
VEHICLE — Means any device, or combination of devices,
used for or capable of being used for transporting persons or property.
(14)
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 semi-trailers.
(d)
Noise limit. No person shall create or allow the creation of any
noise or operate or cause to be operated a source of sound on property
owned, leased, occupied or otherwise controlled by such person, which
causes the sound level, when measured at or beyond any boundary of
the lot, parcel, tract or property, on which such activities take
place, where such noise is either objectionable to a reasonable person
of normal sensitivities or where such noise exceeds the noise levels
specified below:
(1)
Sixty decibels (dB(A)) between the hours of 7:00 a.m. and 10:00
p.m., prevailing time.
(2)
Fifty decibels (dB(A)) between the hours of 10:00 p.m. and 7:00
a.m., prevailing time.
(3)
If the ambient sound level in an area of a noise disturbance
exceeds the applicable noise limit levels set forth in this subsection,
then the applicable noise limit set forth in this subsection shall
be the ambient sound level plus five decibels. In no event shall the
noise limit exceed 75 decibels.
(4)
No person shall operate or cause to be operated a motor vehicle
or motorcycle, or any equipment attached to such vehicle, on a public
right-of-way at any time or in such a manner that the sound level
emitted from said motor vehicle and/or motorcycle exceeds the minimal
set forth in 67 Pa. Code, Chapter 157, "Established Sound Levels".
(e)
Exemptions. Noise emitted from the following sources shall be exempt
from the noise standards specified herein:
(1)
All safety signals and warning devices (e.g. intrusion alarms,
back-up 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).
(2)
The provision, repair, and maintenance of municipal services
or public utilities.
(3)
Bells, chimes and carillons used for religious purposes or in
conjunction with national celebrations or public holidays.
(4)
Appliances, lawn and garden equipment, chain saws, snow removal
equipment and 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.
(5)
Construction equipment when being used on a construction project
or development for which the operator or land owner has obtained all
required Township approvals (such as permits, zoning approvals and/or
subdivision and land development approvals) in use between the hours
of 7:00 a.m. and 8:00 p.m., prevailing time, provided that such equipment
is being used within the manufacturer specifications and with all
standard noise-reducing equipment in use, unmodified and in proper
operating condition.
(6)
Air conditioners, fans, heating units and similar comfort devices,
provided such are operated within the manufacturer's specifications
and with all standard noise reducing equipment in use, unmodified,
and in proper operating condition.
(7)
Musical, recreational and athletic events conducted by or permitted
by schools, local government, community or community association or
village festivals, or events sponsored by non-profit organizations.
(8)
Activities authorized by waiver granted by the Township Council,
pursuant to all conditions imposed by Township Council in the grant
thereof which may include limitations on the duration of such activity
and/or the noise emanating from such activity.
(9)
All farm related operations and activities.
(10)
Any existing legitimate or licensed business, commercial or
industrial operation between the hours of 7:00 a.m. and 9:00 p.m.,
prevailing time, provided any appliances, equipment, machinery or
devices used in such operation are operated within the manufacturer's
specifications and with all standard noise-reducing equipment in use,
unmodified and in proper operating condition.
(f)
Special waiver. A request for a special waiver from the noise standards
specified herein shall be submitted to Township Council prior to the
requested activity. If, however, an emergency exists, the request
for special waiver shall be made to Township Council by 12:00 noon
the next business day following said emergency.
(g)
Policy. It is the policy of the Township Council in adopting this
section not to force any industrial or commercial enterprise out of
business, but rather to work with any industrial or commercial enterprise
to find ways to reduce noise levels to the level permitted by this
section.
(h)
Outdoor activities. All terrain vehicles, dirt bikes, motorcycles
and other motorized recreational vehicles.
(1)
All residents and/or operators of vehicles designated herein
must obtain a no cost permit in order to operate said vehicle on their
property. A permit must be obtained for each motor vehicle. A copy
of the permit will be maintained at the Township building identifying
the owner/operator and describing the vehicle.
(2)
Residents may operate permitted vehicles on their property in
compliance with this section. No more than two vehicles may be operated
on a resident's property at one time.
(3)
Subject to compliance with all other applicable laws, ordinances
and regulations, residents may operate the above-referenced vehicles
on their property in compliance with this section, however, they may
not drive on to a contiguous property, driveway, yard or acreage without
the consent of the owner of said contiguous property, driveway, yard
or acreage.
(4)
An operator must operate the vehicle in a manner that does not
create measurable dust. Measurable dust is the accumulation of dust,
debris or haze that can be seen with the naked eye. Resident/operator
may not produce dust clouds capable of rolling onto a neighbor's property.
(5)
An individual may operate the above-referenced vehicles during
daytime only. However, if a neighboring resident submits a reasonable
complaint about the noise, dust or manner of use to the Police Department,
which use, noise, dust or manner of use is objectionable to a reasonable
person of normal sensitivities, then the operator must discontinue
use in such a manner.
(6)
Nothing herein shall be construed in a manner so as to prohibit
an individual from lawfully operating a motorcycle or other motor
vehicle on a public right-of-way.
(i)
Enforcement officers. This section may be enforced by any police
officer of the Township or the Pennsylvania State Police.
(j)
Enforcement procedures. The following procedures and penalties are
prescribed for enforcement of this section.
(1)
Warnings. If it is determined by a sound level meter reading
that a noise level is in excess of the levels prescribed by this section,
the Township shall, upon written complaint by the affected person,
who resides in the Township, issue a written warning to the person
responsible. Any such warning shall be in effect for six months.
(2)
Offenses. If it is determined by a sound level meter reading
that a noise level in excess of the levels permitted by this section
shall have been caused or permitted by any person within six months
after the issuance of a warning, any person affected thereby, who
resides in the Township, may prosecute such person causing or permitting
said noise level before the District Magistrate.
(3)
Injunctions. In addition, any person affected thereby, may file
legal or equitable actions in court to abate or enjoin violations
of this section.
(4)
Public nuisance. Any emission of noise from any source in excess
of 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.
(5)
Other remedies. Nothing in this section 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 rise to such
cause of action.
(k)
Relationship with other restrictions. The provisions of this section
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 other statutes,
rules, regulations or ordinances, the more stringent regulation shall
apply.
(l)
Penalties. Any person, firm or corporation who shall violate any
provision of this section shall, upon conviction thereof, as a summary
offense, be sentenced to pay a fine of not more than $1,000; and in
default of payment, to imprisonment for a term not to exceed 30 days.
Every day that a violation of this section continues shall constitute
a separate offense.
[Added 2-11-2021 by Ord. No. 531]
(a)
Purpose. So long as marijuana shall be listed as a controlled substance
in The Controlled Substance, Drug Device and Cosmetic Act, 1972, April
14, P.L. 233, No. 64, § 1 et seq., 35 P.S. § 780-101
et seq., no person shall i) purchase or attempt to purchase, ii) be
in possession of, or iii) smoke a small amount of marijuana or possess
marijuana paraphernalia in the Township of Upper Providence, Delaware
County, Pennsylvania. The purpose and intent of this section is to
promote the general safety and welfare of the public by establishing
a mechanism to process the minor nonviolent offenses of personal possession
or personal use of a small amount of marijuana and personal possession
of marijuana paraphernalia within the limits of the Upper Providence
Township and is not to promote or condone the possession or use of
marijuana or marijuana paraphernalia.
(b)
Offense defined. The following shall be a civil violation of this
section.
(1)
Purchasing or attempting to purchase a small amount of marijuana;
(2)
Possessing a small amount of marijuana or marijuana paraphernalia;
or
(3)
Smoking a small amount of marijuana.
Provided, however, that this section shall not apply to any
of these violations to the extent that they take place within or on
the grounds of any public library or any public, private, or parochial
elementary or secondary school, which shall be charged as criminal
violations under the Pennsylvania State Criminal Statutes.
(c)
MARIJUANA or MARIHUANA
MARIJUANA PARAPHERNALIA
PUBLIC SPACE
SMALL AMOUNT OF MARIJUANA
SMOKING
MINOR
Definitions. As used in this section, the following terms shall have
the meanings as indicated:
All forms and/or varieties of the genus Cannabis, whether
growing or not, as defined by the Controlled Substance, Drug, Device
and Cosmetic Act, 1972, April 14, P.L. 233, No. 64, § 1
et seq., 35 P.S. § 780-101 et seq.
Any device, instrument, apparatus or object used, intended
to be used, or designed to be used for introducing marijuana into
the human body or for storing, containing, concealing or transporting
marijuana.
Any street, alley, highway, traffic way, park, sidewalk,
or a vehicle in or upon any of the referenced areas, or any other
place to which the public is invited.
Thirty grams or less of marijuana.
Inhaling, exhaling, burning or carrying any lighted cigarette,
ecigarette, vaporizer, cigar, pipe, water pipe, or other such delivery
device which contains marijuana.
Any individual under the age of 18 years at the time of violation
of this section.
(d)
Violations and remedies. Any person who is found in violation of
this section of this chapter shall, upon being found liable therefor
in a civil enforcement proceeding commenced by the Township, pay a
judgment of no less than $50 and no more than $300 plus all court
costs, including reasonable attorney's fees incurred by the Township.
If the defendant neither pays nor timely appeals the judgment, the
Township may enforce the judgement pursuant to the applicable rule
of civil procedure.
(e)
Violations by minors. The officer who identifies a violation of this
section by a minor shall:
(1)
Temporarily detain the minor and follow existing procedures
for the handling of a summary offense by a minor;
(2)
Advise the parent or guardian that the minor was found to be
purchasing or attempting to purchase a small amount of marijuana;
possessing a small amount of marijuana or marijuana paraphernalia;
or smoking a small amount of marijuana; and
(3)
Issue a civil complaint or nontraffic citation to the minor.
(f)
Enforcement.
(1)
It is the intent of Council that Upper Providence Township police
may exercise their lawful authority to enforce this section when a
violation occurs in the officer's presence within the Township.
(2)
A civil complaint or nontraffic citation issued under this section
shall be enforced consistent with rules of civil procedure as in effect
in the Commonwealth of Pennsylvania as the same may be amended from
time to time or the procedures established in Chapter 4 of the Pennsylvania
Rules of Criminal Procedure, Procedures in Summary Cases, Parts A
and B, Pa.R.Crim.P. 401 through 414, respectively.
(3)
This section shall not be construed to supersede any existing Pennsylvania or federal law. Upper Providence Township police officers retain the authority to enforce the applicable statutory laws. It is the intent of Council that police officers may: A) conduct any lawful search when there is probable cause to believe that a criminal offense has been or is being committed; and B) make a custodial arrest when there is probable cause to believe a criminal offense other than one of the violations described in § 680.06(b) has been or is being committed.
