[Ord. 2004-O-2, -/-/2004, § 501]
1.
The following provisions shall apply to all sound originating within
the boundaries of Newtown Township:
A.
Environmental Performance Standards.
(1)
Maximum Permissible Sound Levels by Receiving Zoning District.
No person shall operate or cause to be operated on public or private
property any source of continuous sound in such a manner as to create
a sound level which exceeds the limits set forth for the receiving
zoning category in the following table when measured at or within
the property boundary of the receiving zoning district. Sound levels
exceeding the limits set in the following table are hereby declared
to be a nuisance.
|
Maximum Continuous Sound Levels Within Receiving District
| ||
|---|---|---|
|
Receiving Zoning District
|
From 7:00 a.m. to 7:00 p.m.
|
From 7:00 p.m. to 7:00 a.m.
|
|
CM, R1, R2, PS2, OR, TC, and TC
|
60 dBA
|
50 dBA
|
|
CC and PC
|
65 dBA
|
55 dBA
|
|
LI, O-LI, MS, EIR and POS
|
65 dBA
|
55 dBA
|
(2)
Terminology. All technical terminology used in this Part, not
defined below, shall be in conformance with applicable publications
of the American National Standards Institute (ANSI), its latest approved
revisions thereof or its successor body.
(a)
Continuous Sound. Any sound, which is steady state, fluctuating
or intermittent with a recurrence greater than one time in any 15
second interval.
(b)
Impulsive Sound. Any sound of short duration, with an abrupt
onset and rapid decay and an occurrence of not more than one time
in any 15 second interval.
(c)
Pure Tone. A sound sensation characterized by its singleness
of tone.
(3)
Standards. For the purpose of measuring sound in accordance
with the applicable provisions of these regulations, test equipment
methods and procedures shall conform to the latest approved standards
as published by ANSI or its approved equivalent.
(4)
Correction for Character of Sound. For any source of sound,
which emits a pure tone, the maximum sound level limits set forth
in § 501.1.A of this Part shall be reduced by five dBA.
For any source of sound which emits an impulsive sound, the excursions
of sound pressure level shall not exceed 20 dBA over the ambient sound
pressure level, regardless of time of day or night or receiving land
use, using the "fast" meter characteristic of Type II meter, meeting
the IEC-651 and ANSI S1.4 Type 2 Specification.
(5)
Sound Measurements. The sound meter shall be operated in accordance
with the manufacturer's instructions. The sound meter shall be calibrated
with each use. The sound meter shall be operated using the "A" weighting
and fast response settings. Readings shall be taken in such a way
that traffic noise is factored into the reading.
B.
Intentionally left blank.
[Ord. No. 2018-O-4, 9/26/2018]
C.
Special Prohibitions. The following acts and causes thereof are hereby
declared to be a nuisance and in violation of this Part:
(1)
[1]Performing any construction operation or operating or permitting
the operation of any tools or equipment used in construction, drilling,
blasting, demolition, excavating, extraction of stone or other such
activities between the hours of 8:00 p.m. and 6:00 a.m. or at any
time on Sunday. This provision does not apply to domestic power tools.
[1]
Editor's Note: Former Subsection 1C(1), (2), (4), and (5)
were repealed by Ord. No. 2018-O-4, 9/26/2018.
[Ord. 2004-O-2, -/-/2004, § 502]
1.
The restrictions set forth in § 501 of this Part shall
not apply to any of the following noise sources:
A.
Vehicles, machinery, appliances and equipment or hand tools used
in conjunction with agricultural activities.
B.
The emission of sound for the purpose of alerting persons to the
existence of an emergency.
C.
Emergency work performed to protect public health or safety, including
fire protection, protection from flood or other disasters, and work
performed to provide electricity, water or other public utilities
when public health or safety is involved.
D.
Public gatherings, performances and the like for which a permit has
been obtained from the Township.
E.
Warning devices on authorized emergency vehicles and/or required
for safety purposes.
F.
Vehicles, machinery, appliances and equipment used in the case of
an emergency and snow removal.
G.
Operating or permitting the operation of any mechanically powered
saw, drill, sander, grinder, lawn or garden tool or similar device
used out of doors between the hours of 7:00 a.m. and 10:00 p.m.
[Ord. 2004-O-2, -/-/2004, § 503; Ord. No. 2018-O-4, 9/26/2018]
[Ord. 2004-O-2, -/-/2004]
1.
Any Township law enforcement officer, zoning officer or other person
designated by the Board of Supervisors may issue an Order requiring
the abatement of any source of sound or other nuisance in violation
of this Part. The owner or operator of the subject property or equipment
shall be notified of the violation upon hand or certified mail delivery
of the order, which shall specify the nature, date and time of the
violation and shall direct that the conduct violating this Part cease
forthwith (the "abatement order"). If a person or entity does not
comply with the abatement order as directed, a summary citation may
be issued.
2.
Any person or business entity who shall violate any of the provisions
of this Part shall, upon summary conviction thereof, be punishable
by a minimum fine of not less than $100 and a maximum fine of not
more than $1,000, plus costs of prosecution and, in default of such
fine and costs, by imprisonment in the County jail for a term not
exceeding 30 days. Each violation of any of the provisions of this
Part shall be deemed to be a separate and distinct offense, and when
a violation continues beyond the time limit set forth in the abatement
order, shall be deemed to be a separate and distinct offense. When
a second and/or subsequent violation is committed by the same person
or entity within any twelve-month period, 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.
3.
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 Part.
