[Ord. 217, 10/9/2017]
This Part shall be known and may be cited as the "East Coventry Township Noise Ordinance."
[Ord. 217, 10/9/2017]
For the purposes of this Part, the following terms, phrases, words and forms thereof shall have the meanings or interpretations given herein. When not inconsistent with the context, words used in the present tense include the future, words used in the plural include the singular, words used in the singular include the plural, words used in the male gender include the female, and words used in the female gender include the male. The word "shall" is to be construed to indicate mandatory, not merely directory, action or inaction.
Any site preparation, assembly, erection, repair, alteration or similar action, including demolition of buildings or structures.
The abbreviation for the sound level in decibels determined by the A-weighting network of a sound-level meter or by calculation from an octave band of 1/3 octave band data.
A unit of measure, on a logarithmic scale, of the ratio of a particular sound pressure squared to a standard reference pressure squared. For the purpose of this Part, 20 micropascals shall be the standard referenced pressure.
Any dismantling, destruction or removal of buildings, structures, or roadways.
Any occurrence of a set of circumstances involving actual or imminent physical trauma or property damage that demands immediate action.
Either a single pressure peak or a single burst (multiple pressure peaks) that has a duration of less than one second.
The intensity, frequency, duration and character of sound, including sound and vibration of sub-audible frequencies.
The presence of noise audible outdoors of sufficient 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, safety and comfort or unreasonably interferes with the peaceful enjoyment of property or with any lawful business or activity. Noise/sound-pressure levels exceeding those permitted in residential districts constitute noise pollution.
Any individual, group of individuals, lessee, lessor, guest, licensee, firm, partnership, voluntary association or corporation responsible for the use of the property.
Any real property or structures thereon that are owned, leased, or controlled by a governmental entity.
In decibels, the weighted sound-pressure level measured by the use of a sound-level meter satisfying the requirements of ANSI SI.4, Specifications for Sound-Level Meters. "Sound level" and "noise level" are synonymous.
An instrument meeting ANSI SI.4, Specifications for Sound-Level Meters, comprising a microphone, an amplifier, an output meter and frequency weighting network or networks that is used for the measurement of sound-pressure levels in a specified manner.
Minute fluctuations in atmospheric pressure that accompany the passage of a sound wave.
In decibels, 20 times the logarithm to the base 10 of the ratio of a sound pressure to the reference sound pressure of 20 micropascals (20 micronewtons per square meter). In the absence of any modifier, the level is to be that of a root-mean-square pressure.
East Coventry Township, Chester County, Commonwealth of Pennsylvania.
Any device or combination of devices used for or capable of being used for transporting persons or property. "Vehicle" or "vehicles" include, but are not limited to, the following: automobiles, trucks, buses, motorcycles, motorized bicycles, mopeds, mini-bikes, snowmobiles, scooters, all-terrain vehicles, go-carts, racers and like devices, farm machinery, industrial machinery, highway graders, trailers, graders and semitrailers.
[Ord. 217, 10/9/2017]
The following general noise regulations shall apply in the Township:
1.
Purpose. 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, annoying, excessive or offensive noise 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 all vehicles, appliances and equipment shall be allowed to produce at specified distances from such 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 the Township and residents outside the Township who are impacted by noise emanating from within the Township.
2.
Noise Control Enforcement.
A.
The provisions of this Part shall be enforced by the East Coventry Township police or other persons duly authorized to enforce this Part by the East Coventry Township Board of Supervisors.
B.
The East Coventry Township police and other persons authorized to enforce this Part shall possess training in noise enforcement activities.
3.
Maximum Permissible Sound Levels.
A.
The sound level of any operation (other than operations involved in the Township-approved construction or demolition of structures, emergency alarm signals or time signals) shall not exceed the decibel levels in the designated octave bands as stated below. The sound-pressure level shall be measured using a sound-level meter and an octave bank analyzer that conform to specifications published by the American Standards Association, American National Standard Specification for Sound-Level Meters, S 1.4-1983, American National Standards Institute, Inc., New York, New York, as may be amended from time to time, and the American Standard Specification for an Octave, Half Octave, and Third Octave Bank Filter Sets, S 1.11-2004, American Standards Association Inc., New York, New York, as may be amended from time to time.
B.
Sound-pressure levels shall be measured no closer than the property line of the property upon which the noise emission occurs.
C.
The maximum permissible sound-pressure levels for smooth and continuous noise shall be as follows:
Frequency Band (cycles per second) (hertz) | Maximum Permitted Sound-Pressure Level (decibels) |
|---|---|
0 to 150 | 67 |
150 to 300 | 59 |
300 to 600 | 52 |
600 to 1,200 | 46 |
1,200 to 2,400 | 40 |
2,400 to 4,800 | 34 |
Above 4,800 | 32 |
If the noise is not smooth and continuous or is radiating during sleeping hours, one or more of the corrections below shall be added to or subtracted from each of the decibel levels given above. |
Type of Operation or Character of Noise | Corrections in Decibels |
|---|---|
Noise occurs between the hours of 10:00 p.m. and 7:00 a.m. | -3 |
Noise occurs less than 5% of any 1-hour period | +5 |
Noise is of periodic character (hum, scream, etc.) or is of impulsive character (hammering, etc.) (In the case of impulsive sound, the correction shall apply only to the average pressure during an impulse, and impulse peaks shall not exceed the basic standards given above.) | -5 |
4.
Exceptions. The following shall constitute exceptions to the noise standards set forth in this Part:
A.
The emission of sound for the purpose of alerting persons to the existence of an emergency or associated practice drill.
B.
Emergency work to provide electricity, water or other public or private utilities when public health or safety is at risk.
C.
Operations by Township, county, or commonwealth employees.
D.
Public celebrations authorized by the Township.
E.
The operation of machinery and equipment for purposes of excavation, demolition, construction, renovation, agriculture, yard maintenance and similar activities carried on between the hours of 7:00 a.m. and 7:00 p.m. (prevailing time) on Monday through Friday and between the hours of 9:00 a.m. and 7:00 p.m. (prevailing time) on Saturday, Sunday and legal holidays.
F.
The operation of machinery and equipment for purposes of excavation and construction on federal or state roadways or properties.
[Ord. 217, 10/9/2017]
1.
Violation of any provision of this Part shall be cause for a citation to be issued by the Township Noise Enforcement Officer or another duly authorized law enforcement officer.
2.
Abatement Orders.
A.
In lieu of issuing a citation as provided in Subsection 1, noise enforcement personnel may issue an order requiring abatement of any sound source alleged to be in violation of this Part within a reasonable time period and according to guidelines which the officer may prescribe.
B.
An abatement order shall not be issued if any person willfully or knowingly violates any provision of this Part or if the code or law enforcement officer has reason to believe that there will not be compliance with the abatement order.
4.
No provision of this Part shall be construed to impair any common law or statutory cause of action, or legal or equitable remedy therefrom, of any person for injury or damage arising from any violation of this Part or from other law.