[Ord. 218, 3/21/2006, § 1]
1.
The following words and phrases, when used in this Part, shall have,
unless the context clearly indicates otherwise, the meanings given
to them in this Section.
2.
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.
3.
AMBIENT SOUND PRESSURE LEVEL
ANSI
BACKGROUND NOISE
CONTINUOUS SOUND
DECIBEL (dB)
EXCESSIVE NOISE
IMPULSIVE SOUND
NIGHT TIME
NOISE
NOISE LEVEL
NOISE POLLUTION
NORMAL AGRICULTURAL OPERATION
PERIOD OF OBSERVATION
PERSON
PURE TONE
SOUND LEVEL (UNWEIGHTED SOUND PRESSURE LEVEL)
SOUND LEVEL METER
SOUND PRESSURE LEVEL
TOWNSHIP
VEHICLE
Specific Definitions.
The all-encompassing background sound pressure levels associated
with a given environment at a specified time, without the sound contribution
of the specific source in question. Ambient noise is usually a composite
of sounds from near and far sources, none of which is particularly
dominant.
American National Standards Institute or its successors.
The total noise from all sources other than a particular
sound that is of interest (i.e., other than the sound being measured).
Any sound which is in a steady, fluctuating or intermittent
state of prolonged duration.
A unit of level which denotes the ratio between two quantities
that are proportional to power; the number of decibels is 10 times
the common logarithm of this ratio. One decibel is 1/10 of a bel.
Excessive noise is sound that: (1) is injurious or unreasonably
interferes with the comfortable enjoyment of life and property. Measured
noise levels in excess of limits established in these regulations
or those specified in valid permits are declared to be excessive noise;
(2) is annoying to a person of ordinary auditory sensibilities.
Any sound of short duration (less than one second), with
an abrupt onset and rapid decay (including metal-to-metal impacts
or exploding impacts) separated in time by at least one second.
10:00 p.m. to 7:00 a.m., prevailing time, conversely, Day
Time- 7:00 a.m. to 10:00 p.m., prevailing time.
Any sound which annoys or disturbs humans of normal auditory
sensitivity or which causes or tends to cause an adverse psychological
or physiological effect on humans of normal auditory sensitivity,
excluding all aspects of noise regulated by the Federal Occupational
Safety and Health Act.
Same as sound level but usually used to describe unwanted
sound.
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.
The customary and generally accepted activities, practices
and procedures that farmers adopt, use or engage in year after year
in the production and preparation for market of poultry, livestock
and their products, and in the production and harvesting of agricultural,
agronomic, horticultural, silvicultural and aquacultural crops and
commodities.
The time interval during which acoustical data are obtained.
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.
A sound that can be distinctly heard as a single pitch or
a set of single pitches. For the purposes of this Part, a pure tone
shall exist if the 1/3 octave band sound pressure level in the band
with the tone exceeds the arithmetic average of the sound pressure
levels of the two contiguous 1/3 octave bands by 15 dB for bands with
center frequencies less than 160 Hz, by 8 dB for bands with center
frequencies of 160 Hz to 400 Hz, and by five dB for bands with center
frequencies greater than 400 Hz.
20 times the common logarithm of the ratio of a given sound
pressure (obtained with a standardized frequency weighting, with standard
exponentially weighted time averaging) to the reference sound pressure
of 20 micropascals. Time and frequency weightings employed should
be specified; if not specified, fast time- and A- frequency-weightings
are understood. Unit symbol: dB.
Instrument or combination of instruments used for the measurement
of sound level, with a standard frequency-weighting and standard exponentially
weighted time-averaging, which meets or exceeds the requirements for
an ANSI Type S1A or Type S2A Sound Level Meter.
In air, 20 times the common logarithm of the ratio of the
given sound pressure to the reference sound pressure of 20 micropascals.
Unit symbol: dB.
East Rockhill Township, Bucks County, Pennsylvania, its Board
of Supervisors, Township Manager, and all employees and appointees
of the Township.
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, farm machinery, industrial machinery, highway
graders, tractor-trailers, and semi-trailers.
[Ord. 218, 3/21/2006, § 2]
1.
The following provisions shall apply to all sound originating within
the boundaries of East Rockhill Township:
A.
Environmental Performance Standards.
(1)
Maximum Permissible Sound Levels by Receiving Zoning District.
No person shall create or allow the creation of any noise or operate
or cause to be operated on property owned, leased, occupied, or otherwise
controlled by such person, and/or on a public street or in a public
park any source of 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 tables 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.
(2)
Table 1. Maximum Continuous Sound Levels Within Receiving District.
|
Receiving Zoning District
|
From 7:00 a.m. to 10:00 p.m.
|
From 10:00 p.m. to 7:00 a.m.
|
|---|---|---|
|
RP, AP, RR, S, R-1 and VR
|
60 dBA
|
50 dBA
|
|
VC, C-E, C-0
|
65 dBA
|
55 dBA
|
|
I-1, I-2, and E
|
65 dBA
|
55 dBA
|
|
Table 2. Maximum Permissible Noise Levels Above Background (ambient)
From Commercial, Industrial, & Institutional Establishments Measured
Within Receiving District.
|
|
Continuous Time Period
|
Measured at RP, AP, RR, S, R-1 and VR
|
Measured at VC, C-E, C-O, I-1, I-2 and E
|
|---|---|---|
|
Longer than 1 minute
|
5 dBA
|
10 dBA
|
|
1 minute or less
|
15 dBA
|
20 dBA
|
(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, cyclically varying sound or repetitive impulse
sound, the maximum sound level limits set forth in 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 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.
Excessive Noise Prohibited. 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, suffer or permit to be made or
caused upon a property owned, occupied or controlled by him or it
or upon any public land, street, alley or thoroughfare in the Township
of East Rockhill 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 person of normal auditory sensibilities
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 East Rockhill Township or any number of residents thereof.
C.
Special Prohibitions. The following acts and causes thereof are hereby
declared to be a nuisance and in violation of this Part:
(1)
Possessing, harboring or keeping any animal or bird which makes
any noise continuously and/or incessantly for a period of 10 minutes
or more, or makes such noise intermittently for 1/2 hour or more to
the disturbance of any person any time of the day or night, regardless
of whether the animal or bird is physically situated in or upon private
property, provided that at the time the animal or bird is making such
noise no person is trespassing or threatening to trespass upon private
property in or upon which the animal or bird is situated, nor is there
any other legitimate cause which justifiably provoked the animal or
bird.
(2)
Operating, playing or permitting the operation or playing of
any radio, television, audio equipment, sound amplifier, musical instrument
or other such device in such a manner as to disturb the peace, quiet
and comfort of the neighboring inhabitants or at any time with louder
volume than is necessary for convenient hearing for the person or
persons who are in the room or vehicle in which such machine or device
between the hours of 10:00 p.m. and 7:00 a.m. Sunday through Friday
and between 11:00 p.m. and 7:00 a.m. Friday through Sunday.
(3)
Loud speakers, Amplifiers. Using, operating or permitting the
playing, use or operation of any radio receiving set, musical instrument,
phonograph, loudspeaker, sound amplifier or other machine or device
for the producing or reproducing of sound which is cast upon the public
streets for the purpose of commercial advertising or attracting the
attention of the public to any building or structure except in the
course of an approved legitimate business activity or auction sale.
(4)
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 7:00 p.m. and 7:00 a.m. Monday through
Saturday or at any time on Sunday. This provision does not apply to
domestic power tools.
(5)
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.
(6)
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 10:00 p.m. and 7:00 a.m. on
any day in such a manner as to cause annoyance to persons across a
real property boundary from the noise source.
(7)
Horns, Signaling Devices, etc. Sounding any horn or signaling
device on any vehicle on any street or public place of the Township
except as a danger warning; creating, by means of any such signaling
device, any unreasonable loud or harsh sound; or the sounding of any
such device for any unnecessary or unreasonable period of time.
(8)
Yelling, Shouting, etc. Yelling, shouting, hooting, whistling
or singing on the public streets, between the hours of 10:00 p.m.
and 7:00 a.m. Sunday through Friday and between 11:00 p.m. and 7:00
a.m. Friday through Sunday or at any time or place so as to annoy
or disturb the quiet, comfort or repose of persons in any dwelling,
hotel or other type of residence, or any persons in the vicinity.
(9)
Exhausts. The discharge into the open air of the exhaust of
any stationary internal combustion engine, or motor vehicle except
through a muffler or other device which will effectively prevent loud
or explosive noise therefrom.
[Ord. 218, 3/21/2006, § 3]
1.
Noise emitted from the following sources shall be exempt from the
noise standards specified herein:
A.
Vehicles, machinery, appliances and equipment or hand tools used
in conjunction with normal agricultural operations.
B.
Any other farm related operations and activities involving normal
agricultural operations, and those activities necessary for the preservation
and health of farm animals and livestock at any time.
C.
The emission of sound for the purpose of alerting persons to the
existence of an emergency.
D.
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).
E.
Vehicles, machinery, appliances and equipment used in the case of
an emergency and snow removal.
F.
Emergency work including training activities 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.
G.
The provision, repair and maintenance of municipal services or public
utilities.
H.
Public gatherings, performances and the like for which a permit has
been obtained from the Township.
I.
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 10:00 p.m. (prevailing time), provided such are operated
within the manufacturer's specification and with all standard noise
reducing equipment in use, unmodified, and in proper cooperating conditions.
J.
Heavy construction equipment except as may otherwise be permitted
by a permit issued by East Rockhill Township when being used on a
specific short term project (such as construction of a building; constructing,
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. (prevailing time) and 7:00 p.m.
(prevailing time) for the duration of such short term specific project,
provided such heavy construction equipment is operated within the
manufacturer's specifications and with all standard noise-reducing
equipment in use, unmodified, and in proper operation condition.
K.
Air conditioner, 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.
L.
Airplanes, helicopter and normal activities of properly licensed
airports and trains operating on railroad.
M.
Permitted musical, recreational and athletic events conducted by
or permitted by schools, local government, and/or community associations.
N.
Permitted outdoor weapons firing ranges in use between the hours
of 7:00 a.m. (prevailing time) and 10:00 p.m. (prevailing time).
O.
All motor vehicles being operated on the public road in East Rockhill
Township provided such are operated within the manufacturer's specifications
and with all standard noise reducing equipment in use, unmodified
and in proper working conditions.
P.
Activities permitted by special waiver, as provided herein, according
to the terms and conditions of said waiver.
Q.
Bells, chimes, and carillons used for religious purposes or in conjunction
with national celebration or public holidays.
[Ord. 218, 3/21/2006, § 4]
A temporary waiver from strict compliance with the noise standards
of this Part may be granted to persons to permit a reasonable time
to attain compliance as determined by the Board of Supervisors.
[Ord. 218, 3/21/2006, § 5]
It is the policy of the Board of Supervisors in adopting this
Part not to cause any existing industrial or commercial business to
cease operations. However, it is the policy of the Board to work with
industrial and commercial businesses to investigate ways to modify
noise levels to the standards permitted by this Part.
[Ord. 218, 3/21/2006, § 6]
1.
The following activities are hereby declared to be a nuisance and
shall be unlawful within the Township of East Rockhill:
A.
Any person or business entity engaging in any use or activity upon
property which by reason of odors, fumes, vapors, vibration or dust
unreasonably interferes with the use, comfort and enjoyment of another's
property or endangers the health or safety of the occupants of another's
property.
B.
Any operation producing intense glare or heat in such a manner as
to create a nuisance to those working or living in the area, unless
performed within an enclosed building or behind adequate shielding.
[Ord. 218, 3/21/2006, § 7]
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.
2.
The following procedures and penalties are proscribed for enforcement
of this Part.
A.
Warnings. If it is determined that a noise level is in excess of
the levels prescribed by this Part, the Township shall upon written
complaint by an affected person, issue a written warning to the person
responsible. Any such warning shall be in effect for two weeks.
B.
Offenses. If it is determined that a noise level in excess of the
levels permitted by this Part shall have been caused or permitted
by any person within one month after the issuance of a warning, any
person affected thereby, and/or the Township may file a complaint
against such person causing or permitting said noise level before
the District Justice.
C.
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 $500 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.
D.
Injunctions. In addition, any person affected thereby, may file legal
or equitable actions in court to abate or enjoin violations of this
Part.
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 Part 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.
[Ord. 218, 3/21/2006, § 8]
The provisions of this Part arc 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 shall apply.
