[Ord. 717-2006, 9/6/2006, § 1]
The East Pennsboro Township Board of Commissioners, finding
that excessive levels of sound are detrimental to the physical, mental
and social well-being of the residents, as well as to their comfort,
living conditions, general welfare and safety, and being therefore
a public health and welfare hazard, hereby declares it to be necessary
to provide for the greater control and more effective regulation of
excessive sound and the sources of excessive sound within the Township
of East Pennsboro.
[Ord. 717-2006, 9/6/2006, § 2]
The following words, terms and phrases, when used in this Part,
shall have the meanings herein given, except where the context clearly
indicates a different meaning.
CONSTRUCTION OPERATION
The erection, repair, renovation, demolition or removal of
any building or structure; and the excavation, filling, grading and
regulation of lots in connection therewith.
EMERGENCY
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage.
EMERGENCY WORK
Any work performed for the purpose of preventing or alleviating
the physical trauma or property damage threatened or caused by an
emergency.
IMPULSIVE SOUND
Sound of short duration, usually less than one second, with
an abrupt onset and rapid decay. Examples of impulsive sounds include
explosions, dropped forge impacts and discharge of firearms.
NOISE
Any sound which annoys or disturbs humans or which causes
or tends to cause an adverse psychological or physiological effect
on humans.
NOISE DISTURBANCE
Any noise which:
(1)
Endangers or injures the safety or health of humans or animals.
(2)
Annoys or disturbs a reasonable person of normal sensitivities.
(3)
Endangers or injures personal or real property.
PERSON
Any individual, association, partnership or corporation,
and includes any officer, employee, department, agency or instrumentality
of a state or any political subdivision of a state. Whenever used
in any clause prescribing and imposing a penalty, "person" includes
the individual members, partners, officers and managers or any of
them of partnerships and associations, and as for corporations, the
officers and managers thereof or any of them.
POWERED MODEL VEHICLE
Any self-propelled airborne, waterborne or landborne plane,
vessel or vehicle, which is not designed to carry persons including,
but not limited to, any model airplane, boat, car or rocket.
PROPERTY OR BOUNDARY LINE
An imaginary line drawn through the points of contact or
adjoining lands, apartments, condominiums, townhouses and duplexes
owned, rented or leased by different persons; a demarcation or a line
of separate properties; and also, for any two or more buildings sharing
a common grounds, the line drawn midway between any two such buildings.
All areas devoted to public rights-of-way shall be deemed to be across
the property line. For the purpose of this definition, the property
line includes all points on a plane formed by projecting the property
line in a manner deemed appropriate by the enforcing police officer.
PUBLIC RIGHT-OF-WAY
Any street, avenue, boulevard, highway, sidewalk, alley or
similar place which is open to public use as a matter of right.
PUBLIC SPACE
Any real property or structures thereon which are owned or
controlled by a governmental entity.
REAL PROPERTY
All land, whether publicly or privately owned, whether improved,
with or without structures, exclusive of any areas devoted to public
right-of-way.
[Ord. 717-2006, 9/6/2006, § 3]
1. Noise Disturbance Prohibited. No person shall make, continue or cause
to be made or continued any noise disturbance, nor shall any person
suffer, allow or permit any noise disturbance to be made or continued
from or at any property, whether real or personal, that is subject
to such person's right of control.
2. Specific Prohibitions. The following acts and the causing thereof
are declared to be noise disturbances and therefore in violation of
this Part:
A. Radios, television sets, musical instruments and similar devices,
operating, playing or permitting the operation or playing of any radio,
television, phonograph, drum, musical instrument, sound amplifier,
automobile radio, automobile stereo, high-fidelity equipment or similar
device which produces, reproduces or amplifies sound:
(1)
At any time in such a manner as to cause a noise disturbance
across a property or boundary line or between the hours of 9:00 p.m.
and 7:00 a.m. so as to be plainly audible across a property or boundary
line.
(2)
In such a manner as to create a noise disturbance across a property
or boundary line or at a distance of 50 feet from such device, whichever
is less, when the device is operated in or on a motor vehicle or hand
carried on a public right-of-way or public space.
(3)
In such a manner as to create a noise disturbance to any person
other than the operator of the device.
B. Yelling and Shouting, etc. Engaging in loud or raucous yelling, shouting,
hooting, whistling or singing:
(1)
On the public streets between the hours of 9:00 p.m. and 7:00
a.m.
(2)
At any time or place in such a manner as to create a noise disturbance.
C. Construction.
(1)
Operating or permitting the operation of any tools or equipment
used in construction operations, drilling or demolition work:
(a)
Between the hours of 9:00 p.m. and 7:00 a.m., Monday through
Saturday or at any time on Sundays or legal holidays, such that the
sound therefrom creates a noise disturbance across a residential real
property or boundary line, except for emergency work.
D. Domestic Power Tools. Operating or permitting the operation of any
mechanically powered saw, sander, grinder, lawn or garden tool or
similar devices used outdoors between the hours of 9:00 p.m. and 7:00
a.m.
E. Loading and Unloading. Loading, unloading, opening, closing or other
handling of boxes, crates, containers, building materials, garbage
cans or similar objects between the hours of 9:00 p.m. and 7:00 a.m.
in such a manner as to cause a noise disturbance across a residential
property or boundary line. This section shall not apply to municipal
or utility services in or about a public right-of-way.
F. Animals.
(1)
For the purposes of this subsection, "animal" is defined as
any dog, cat or other domesticated animal or fowl or any undomesticated
animal confined on that person's premises.
(2)
No person shall allow any animal, as defined in Subsection
2F(1) above, to make any loud or harsh noise or disturbance continuously or incessantly for a period of 10 minutes or to make such noise intermittently for 1/2 hour or more to the disturbance of any person at any time of the day or night which shall interfere with or deprive the peace, quiet, rest or sleep of any person within the township; provided, however, that at the time such animal is making such noise, no person is trespassing or threatening to trespass upon private property in or upon which the animal is situate or for any other legitimate cause which teased or provoked the animal.
G. Powered Model Vehicles. Operating or permitting the operation of
powered model vehicles so as to create a noise disturbance across
a residential property or boundary line between the hours of 9:00
p.m. and 7:00 a.m.
H. Street Sales. Offering for sale or selling by shouting or outcry
or by any other amplified or unamplified sound within any residential
or commercial area, except between the hours of 7:00 a.m. and 9:00
p.m.
I. Tampering. The following acts or the causing thereof are prohibited:
(1)
The removal or rendering inoperative by any person, other than
for the purpose of maintenance, repair or replacement, of any muffler
or sound dissipative device or element of design.
(2)
The use of product or equipment which has had a muffler or sound
dissipative device or element of design removed or rendered inoperative.
J. Vehicle, Motorboat or Aircraft Repairs and Testing. Repairing, rebuilding
or testing any motor vehicle, motorcycle, motorboat or aircraft in
such a manner as to cause a noise disturbance across a real property
or boundary line.
K. Motor Vehicle Prohibitions.
(1)
Standing Motor Vehicles. No person shall operate or permit the
operation of any vehicle or any auxiliary equipment attached to such
a vehicle, for a period of longer than 15 minutes in any hour while
the vehicle is stationary, for reasons other than traffic congestion,
anywhere within 100 feet of any residence in such a manner as to cause
a noise disturbance across a residential property or boundary line.
(2)
Unnecessary Horn Blowing. No person shall at any time sound
the horn or other warning device of a vehicle except when absolutely
necessary as a warning while actually driving such vehicle.
(3)
Operating motor vehicles on private property causing continuous
and excessive noise for a period of 1/2 hour or more.
[Ord. 717-2006, 9/6/2006, § 4]
1. The following sounds are exempted from the provisions of this Part.
A. Amplified Announcements. Electronically amplified announcements at
athletic events.
B. Blasting. Blasting may occur only between the hours of 8:00 a.m.
and 5:00 p.m., Monday through Saturday. No blasting is permitted on
Sundays.
C. Concerts, band concerts, block parties, church carnivals or other
performances or similar activities publicly or privately sponsored
and presented in any public or private space outdoors, provided that
such activities do not occur between the hours of 9:00 p.m. and 7:00
a.m.
D. Emergency Work. Sounds caused by the performance of emergency work
or by the ordinary and accepted use of emergency apparatus and equipment.
E. Municipal and Utility Services. Sounds resulting from the repair
or replacement of any municipal or utility installation in or about
the public right-of-way.
F. School and Public Activities. Sounds not electronically amplified,
created by organized school-related programs, activities, athletic
and entertainment events or other public programs, activities or events,
other than fireworks or fireworks displays and motor vehicle racing
events.
[Ord. 717-2006, 9/6/2006, § 5; as amended by Ord.
757-2009, 7/1/2009]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof, shall be sentenced to pay a
fine of not more than $1,000 plus costs and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 30
days. Each day that a violation of this Part continues shall constitute
a separate offense.