[Ord. 2-2007, 4/12/2007, § 1]
This Part shall be known as the "Canton Township Noise Ordinance."
[Ord. 2-2007, 4/12/2007, § 2]
This Part is enacted pursuant to the Second Class Township Code.
[Ord. 2-2007, 4/12/2007, § 3]
The purpose of this Part is to ensure that public health, safety
and welfare shall not be abridged by the making and creating of noise
pollution or of public nuisances from disturbing, excessive or offensive
noises in the Township. The residents of the Township recognize that
uncontrolled noise 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 for the community good. It is the purpose and scope
of this Part to provide regulations defining the maximum sound levels
that vehicles, appliances and equipment shall be allowed to produce
at specified distances from these devices, and also to provide for
the prohibition of other kinds of offensive noises. These regulations
and prohibitions are intended to protect the physical, mental and
social well-being of the residents of Canton Township.
[Ord. 2-2007, 4/12/2007, § 4]
The Board of Supervisors finds that failure of individuals,
businesses, industries, persons maintaining animals, social gatherings
and other activities to regulate the noise 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 emanating
from home occupations, businesses, industries, sound amplification
equipment, radios, electronic sound recording equipment, vehicles,
persons maintaining animals, social gatherings, and other activities:
A.
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.
B.
Affects the property values of residences in the Township.
C.
Affects the public welfare by reflecting negatively on the quality
of life in residential areas of the Township.
D.
Disturbs the peace and good order of the Township.
E.
Creates noise pollution.
[Ord. 2-2007, 4/12/2007, § 5]
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.
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.
American National Standards Institute, or its successors.
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.
Sound which is (1) injurious or which 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)
annoying to a person of ordinary sensibilities.
9:00 p.m. to 7:00 a.m., prevailing time, conversely, DAY
TIME - 7:00 a.m. to 9:00 p.m., prevailing time.
Any sound emitted by a person, animal, appliance, equipment,
instrument or other device.
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)."
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 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.
Noise level.
An instrument or combination of instruments which meets or
exceeds the requirements for an ANSI Type S1A or Type S2A sound level
meter.
Township of Canton, Washington County, Pennsylvania.
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, racers, and life devices, farm machinery, industrial
machinery, highway graders, trailers, graders and semi-trailers.
[Ord. 2-2007, 4/12/2007, § 6]
1.
No person shall create or allow the creation of any noise or operate
or cause to be operated any source of sound on property owned, leased,
occupies or otherwise controlled by such person, which causes the
sound level, when measured at or beyond the boundaries of the lot,
parcel, tract or property, on which such activities take place, to
exceed the noise levels specified below:
[Ord. 2-2007, 4/12/2007, § 7]
1.
Noise emitted from the following sources shall be exempt from the
noise standards specified herein:
A.
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).
B.
The provision, repair and maintenance of municipal services or public
utilities.
C.
Bells, chimes and carillons used for religious purposes or in conjunction
with national celebrations or public holidays.
D.
Appliances, lawn and garden equipment, chain saws, snow removal equipment
and power tools in use between the hours of 7:00 a.m. 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.
E.
Heavy construction equipment when being used on a specific short
term project (such as constructing 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. and 9:00 p.m., prevailing time, for the duration
of such short term, specific project; provided, such heavy construction
equipment is operated within the manufacturer specifications and with
all standard noise-reducing equipment in use, unmodified and in proper
operating condition.
F.
Air conditioners, fans, hearing 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.
G.
Airplanes, helicopters and normal activities of properly licensed
airports and trains operating on railroads.
H.
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.
I.
Existing weapons firing ranges during day time as defined herein.
J.
All motor vehicles being operated on the public road in Canton Township;
provided, such are operated within the manufacturer's specifications
and with all standard noise reducing equipment in use, unmodified
and in proper working condition.
K.
Activities permitted by special waiver, as provided herein, according
to the terms and conditions of said waiver.
L.
All farm related operations and activities.
M.
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 operation condition.
[Ord. 2-2007, 4/12/2007, § 8]
A temporary waiver from strict compliance with the noise standards
specified herein may be granted to persons during emergency circumstances,
as determined by the Board of Supervisors, to permit reasonable time
to effect repairs.
[Ord. 2-2007, 4/12/2007, § 9]
It is the policy of the Board of Supervisors in adopting this
Part 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 Part.
[Ord. 2-2007, 4/12/2007, § 10]
This Part may be enforced by any police officer or by any person
affected by noise as defined herein.
[Ord. 2-2007, 4/12/2007, § 11]
1.
The following procedures and penalties are prescribed for enforcement
of this Part:
A.
Warnings. If it is determined by a sound level meter reading that
a noise level is in excess of the levels prescribed by this Part,
the Township shall, upon written complaint by the affected person
who resides in Canton Township, issue a written warning to the person
responsible. Any such warning shall be in effect for six months.
B.
Offenses. If it is determined by a sound level meter reading that
a noise level in excess of the levels permitted by this Part 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 Canton Township, may prosecute such person causing or permitting
said noise level before the Magisterial District Justice.
[Amended at time of adoption of Code]
C.
Injunctions. In addition, any person affected thereby, may file legal
or equitable actions in court to abate or enjoin violations of this
Part.
D.
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.
E.
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. 2-2007, 4/12/2007, § 12]
The provisions of this Part 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
Statues. If more stringent requirements concerning noise abatement
are contained in other statutes, rules, regulations or ordinances,
the more stringent regulation shall apply.
[Ord. 2-2007, 4/12/2007, § 13; amended at time
of adoption of Code]
Any person, firm or corporation who shall violate any provision
of this Part 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 90 days. Every
day that a violation of this Part continues shall constitute a separate
offense.
