[Ord. 08-121, 6/24/2008, § I]
This Part may be cited as the "Noise Control Ordinance of Cumberland
Township, Adams County, Pennsylvania."
[Ord. 08-121, 6/24/2008, § II]
1. Excessive sound is a serious hazard to the public health and welfare
and the quality of life to the citizens of Cumberland Township.
2. A substantial body of science and technology exists by which excessive
sound may be substantially abated.
3. Activities which generate excessive vibrations, dust, fumes, and
vapors are detrimental to the health, safety and welfare of the citizens
of Cumberland Township and interfere both with the quiet enjoyment
of residential and public property and the operation of business and,
therefore, should be controlled to the greatest extent possible.
4. The Township is empowered to ensure the public safety and to define
conduct that constitutes disturbing the peace pursuant to § 1506
of the Second Class Township Code, 53 P.S. § 66506, as amended.
[Ord. 08-121, 6/24/2008, § III]
1. Definition of Noise Disturbance. Any sound that endangers the safety
or health of any person, disturbs a reasonable person of normal sensitivities,
or endangers personal or real property.
2. Excessive Noise and Noise Disturbance Prohibited. It is hereby declared
to be a nuisance and shall be unlawful for any person, firm or business
entity to make, cause, suffer, or permit to be made or caused upon
a property owned, occupied or controlled by him, or upon any public
land, street, alley or thoroughfare in Cumberland Township, any excessive
noises, noise disturbance, 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 Cumberland Township
or any number of residents thereof.
3. Special Prohibitions. The following acts and causes thereof are hereby
declared to be a nuisance and in violation of this Part.
A. Possessing, harboring or keeping a domestic animal or bird which
makes any noise continuously and/or persistently for a period of 15
minutes or more, in such a manner as to disturb or annoy any person
at any time of the day or night, regardless of whether the animal
is situated upon private property. This shall not apply to livestock
kept for agricultural purposes.
B. Operating, playing, or permitting the operation or playing of any
radio, television, audio equipment, loud speaker, public address system,
sound amplifier, musical instrument, or similar device that reproduces
or amplifies sound through electric or battery means in such a manner
as to create a noise disturbance or to cause annoyance to persons
in the vicinity for any person other than the operator of the device
or to be audible greater than 30 feet from the source and not operated
upon the property of the operator or with the knowledge, permission
or consent of the owner or legal occupant of the property, and if
operated on the property of the operator or with the knowledge, permission
or consent of the owner or legal occupant of the property, then so
as to be audible greater than 30 feet from a boundary of the property
or, in the case of residential properties, across a residential real
property boundary from the noise source.
C. Using or operating of any loudspeakers, public address system, or
similar device for commercial purposes, such that the sound there
from creates a noise disturbance across a residential real property
line.
D. Repairing, rebuilding, modifying, testing, or operating a motor vehicle,
motorcycle, recreational vehicle or powered model vehicle in such
a manner as to cause annoyance to persons across a real property boundary
from the noise source.
E. The sounding of any horn or signaling device on any automobile, motorcycle
or other vehicle on any road or public place of the Township, except
as a danger warning pursuant to the Motor Vehicle Code of the Commonwealth
of Pennsylvania; or the sounding of any such device for an unnecessary
and unreasonable period of time.
F. The discharge into the open air of the exhaust of any steam engine,
stationary internal combustion engine, motor board or motor vehicle
except through a muffler or other device as provided by the Motor
Vehicle Code of the Commonwealth of Pennsylvania, which will effectively
prevent loud or explosive noises therefrom; or the spinning of wheels
or squealing of tires; or the racing of internal combustion engines,
without cause clearly created by road or weather conditions.
G. The erection (including excavating), demolition, alteration or repair
of any building other than between the hours of 7:00 a.m. and 9:00
p.m. daily except in case of urgent necessity in the interest of public
health and safety.
H. The creation of loud and excessive noise in connection with loading
and unloading any vehicle, or the opening or destruction of bales,
boxes, crates and containers.
I. 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 9:00 p.m. and 7:00 a.m. in
such a manner as to cause annoyance to persons across real property
boundary from the noise source.
J. Operating or permitting the operation of any motor vehicle or any
auxiliary equipment attached to such a vehicle, for a period of longer
than five minutes in any hour while the vehicle is stationary, for
reasons other than traffic congestion or emergency work, with the
exception of railroad engines which may idle during a warm-up period
not to exceed 20 minutes.
K. Operating or permitting the operation of any device for exhibition
or show purposes in such a manner as to cause annoyance to persons
across a real property boundary from the noise source.
[Ord. 08-121, 6/24/2008, § IV]
1. The restrictions set forth in §§
10-302 and
10-303 hereof shall not apply to any of the following noise sources:
A. The emission of sound for the purpose of alerting person to the existence
of an emergency.
B. Emergency work performed to protect public health and 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.
C. Public gatherings, performances and the like for which a special event permit has been obtained from the Township in accordance with the Township's Special Event Ordinance [Chapter
13, Part
2].
D. Warning devices on authorized emergency vehicles and/or required
for safety purposes.
E. Vehicles, machinery, appliances and equipment used in the case of
an emergency snow removal.
F. Normal and customary agricultural operations.
[Ord. 08-121, 6/24/2008, § V]
1. Any full or part time Cumberland Township Police Officer may issue
a summary citation which shall specify the nature, date and time of
the violation.
2. Any person or business entity, including but not limited to property
owner, renter, user and/or possessor, who shall violate any of the
provisions of this Part shall, upon first summary conviction thereof,
be punishable by a minimum fine of up to $100. Each violation of any
of the provisions of this Part 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 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.