[HISTORY: Adopted by the Board of Supervisors of the Township
of West Whiteland 9-11-2013 by Ord. No. 407. Amendments noted where
applicable.]
This chapter shall be known and may be cited as the "West Whiteland
Township Noise Ordinance."
A.
Excessive sound is a hazard to the public health, safety, and welfare
and to the quality of life of the residents of West Whiteland Township,
interfering with the quiet enjoyment of residential and public property
and the operation of businesses.
B.
It is the policy of the Board of Supervisors to prevent, to control,
or to mitigate environmental factors including noise pollution that
may jeopardize the health, safety, or welfare of Township residents
and businesses.
C.
The Township is empowered to define conduct that constitutes disturbing
the peace by § 1527 of the Second Class Township Code, 53
P.S. § 66527, to abate and to prohibit nuisances on private
and public property pursuant to § 1529 of the Second Class
Township Code, 53 P.S. § 66529, and to provide for enforcement
of noise pollution ordinances by summary offense by § 1601(c.1)(2)
of the Second Class Township Code, 53 P.S. § 66601(c.1)(2).
All sound exceeding the limits established hereinbelow are hereby
declared to be a public nuisance, and may be abated by administrative
or judicial proceedings, fines, and penalties herein provided.
A.
Limits established.
[Amended 7-9-2014 by Ord. No. 413]
(1)
No person shall operate or cause to be operated on private or public
property any source of continuous sound (that is, any sound which
is static, fluctuating, or intermittent with a recurrence greater
than one time in any fifteen-second interval) in such a manner as
to create a sound level that exceeds the limits set forth in the following
table for the land use of the property receiving the sound, as measured
at or within the boundary of the said receiving property.
|
Receiving Land Use Category
|
Time
|
Sound Level Limit
(dBA)
| |
|---|---|---|---|
|
Residential, public space, open space, agricultural, or institutional
|
7:00 a.m. to 9:00 p.m.
|
60
| |
|
9:00 p.m. to 7:00 a.m. plus Saturdays, Sundays, and legal holidays
|
50
| ||
|
Commercial or business
|
7:00 a.m. to 10:00 p.m.
|
65
| |
|
10:00 p.m. to 7:00 a.m. plus Sundays and legal holidays
|
60
| ||
|
Industrial
|
At all times
|
70
|
(2)
The proper designation of "receiving land use category" shall be
determined by the Township representative taking the sound measurement
for the purposes of enforcement of these provisions.
B.
Correction for character of sound.
(1)
For any source of sound which emits a pure tone, the maximum sound
level limits set forth in the above table shall be reduced by five
dBA.
(2)
For any source of sound which emits an impulsive sound (a 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) the maximum
sound level shall not exceed 20 dBA over the ambient sound level,
regardless of time of day or night or type of receiving land use.
C.
Measurement of sound.
(1)
For the purpose of measuring sound to determine compliance with the
provisions of this chapter, test equipment, methods, and procedures
shall conform to the latest approved standards of the American National
Standards Institute (ANSI), or equivalent entity as may be identified
by the Board of Supervisors.
(2)
Test equipment shall be operated in accordance with the manufacturer's
instructions, specifically including calibration requirements as necessary
to assure an accurate measurement.
(3)
The measurement of the sound shall be taken at or beyond the property
line of the property from which the sound being measured is emanating.
D.
Noise sources defined as nuisances.
(1)
The following sources of noise are hereby defined as public nuisances
and subject to control by the Township, regardless of decibel level:
(a)
A domesticated animal that makes a noise continuously or persistently
for a period of 15 minutes or more in such a manner as to disturb
persons beyond the property line of the property whereupon such animal
is kept.
(b)
The operation, playing, or permitting of operation or playing
of any musical instrument, radio, television, sound amplifier, audio
equipment, or similar device between the hours of 10:00 p.m. and 8:00
a.m. in such a manner as to disturb persons beyond the property line
of the property upon which such devices are located.
(c)
Performing any construction operation or operating or permitting
the operating of any tools or other equipment used in construction,
drilling, blasting, demolition, excavation, extraction of stone, or
other such activities between the hours of 7:00 p.m. and 7:00 a.m.,
prevailing time, Monday through Saturday or at any time on Sunday.
[Amended 7-9-2014 by Ord. No. 413]
(d)
The operation of an internal combustion engine in such a manner
as to disturb persons beyond the property line of the property upon
which the engine is located.
(e)
The operation or permitting of operation of any mechanically
powered saw, drill, sander, grinder, lawn or garden tool, or similar
device used out of doors between the hours of 10:00 p.m. and 7:00
a.m. in such a manner to disturb persons beyond the property line
of the property upon which such device is being operated.
[Amended 7-9-2014 by Ord. No. 413]
(2)
In addition to the above, it is hereby declared to be a nuisance
and shall be unlawful for any person, firm, or business entity to
make, cause, or allow to be made or caused upon a property owned,
occupied, or controlled by him or it any excessive noises or sounds
by means of vehicles, machinery, equipment (including sound amplification
equipment and musical instruments), or by any other means or methods
which are physically annoying to the comfort of any reasonable person
or which are so harsh, prolonged, unnatural, or unusual in their use,
time, and place as to occasion physical discomfort or which are otherwise
injurious to the lives, health, peace, and comfort of the inhabitants
of the Township.
The following noise sources are hereby exempted from the maximum
permissible sound levels provided hereinabove and are furthermore
deemed not to be nuisances:
A.
Devices used to alert persons to the existence of an emergency.
B.
Noise associated with emergency work to provide electricity, water,
or other utilities when the public health or safety is at risk.
C.
Noise caused by the operation of snow removal and other emergency
equipment operated by the Township or an individual or agency retained
by the Township to do such work.
D.
Hand-held power tools and yard maintenance equipment operated on
a residential property between the hours of 7:00 a.m. and 10:00 p.m.
[Amended 7-9-2014 by Ord. No. 413]
E.
Noise caused by construction activity between the hours of 7:00 a.m.
and 7:00 p.m., Monday through Saturday.
[Amended 7-9-2014 by Ord. No. 413]
F.
Noise attributable to agricultural operations.
G.
Public events authorized by the Township.
H.
Noise from trains.
I.
The unamplified human voice.
A.
Any Township law enforcement officer, the Code Administration Officer,
the Assistant Code Administration Officer, the Zoning Officer, or
any other person designated by the Board of Supervisors may issue
a notice of violation ("NOV") requiring the abatement of any source
of sound in violation of this chapter. The owner or operator of the
subject property or equipment shall be notified of the violation upon
hand or certified mail delivery of the NOV, which shall specify the
nature, date, and time of the violation and shall direct that the
conduct violating this chapter cease forthwith. If a person or entity
does not comply with the NOV as directed, a summary citation may be
issued.
B.
Any person or business entity who or which shall violate any of the
provisions of this chapter shall, upon summary conviction thereof
in an action brought before a magisterial district judge in the manner
provided for the enforcement of summary offenses under the Pennsylvania
Rules of Criminal Procedure, be punishable by a fine of not less than
$100 nor more than $1,000, plus costs of prosecution and, in default
of such fine and costs, by imprisonment for a term not exceeding 30
days. Each violation of any of the provisions of this chapter shall
be deemed to be a separate and distinct offense. When a violation
continues beyond the time limit as may be set forth in an NOV, each
day that a violation continues beyond the time limit shall be deemed
a separate and distinct offense. When a person or entity who or which
has been issued an NOV is found again to be in violation of this chapter
and issued another NOV within 12 months of the previous NOV, the fine
shall be double the amount of the previous fine up to a maximum fine
of $1,000 for each separate and distinct offense.
C.
In addition to the above, the Township may institute an action for
injunctive relief to prohibit or abate any activity in violation of
the provisions of this chapter.
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 to or damage arising from the emission or release into the
atmosphere or ground from any source whatsoever of noise in such a
place or manner, or at such levels which may give rise to such cause
of action.
[Added 7-9-2014 by Ord. No. 413]
Upon demonstrating evidence of a hardship or negative impact
on public safety, as determined at the sole discretion of the Township
Manager, applicants may request in writing a waiver from any of the
parameters specified herein. Requests shall be submitted to the Township
Manager or his/her designee and shall include the time and duration
of the requested waiver and the reason for the requested waiver. Waivers
granted by the Township Manager or his/her designee shall be issued
in writing and shall be kept on the premises upon which the waiver
is in effect for the duration specified.
