This article shall be known as the "Millcreek Township Noise
Control Ordinance."
This article is enacted pursuant to the Second Class Township
Code.
The purpose of this article is to ensure that the public health,
safety, welfare shall not be abridged by the making and creating of
noise pollution or of public nuisances from disturbing, excessive,
or offensive noises in Millcreek Township. The residents of Millcreek
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 article to provide regulations
prohibiting offensive noises. These regulations and prohibitions are
intended to protect the physical, mental, and social well-being of
the residents of Millcreek Township.
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
A-WEIGHTED SOUND LEVEL
The sound-pressure level, in decibels, as measured on a sound-level
meter using the A-weighting network. The level so read is designated
dB(A).
AMBIENT SOUND
The all-encompassing sound associated with a given environment,
usually a composite of sounds from many sources near and far.
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.
DECIBEL (dB)
A unit for measuring the sound-pressure level, equal to 20
times the logarithm to the base of 10 of the ratio of the pressure
of the sound measured to the reference pressure, which is 20 micropascals
(20 micronewtons per square meter).
EMERGENCY WORK
Any work performed for the purpose of preventing or alleviating
the physical trauma or property damage threatened or caused by an
emergency.
LANDSCAPING ACTIVITY
Any work done with or without equipment like lawnmowers,
hedge trimmers, weed whackers, etc., to care for, improve, alter,
or maintain the grounds and/or greenspaces on or part of a property.
MOTOR VEHICLE
As defined in Section 102 of the Pennsylvania Motor Vehicle
Code (75 Pa.C.S.A. § 102).
PERSON
Any individual, association, limited-liability company, 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. This term shall
be broadly interpreted to be inclusive.
PROPERTY LINE (BOUNDARY)
Any imaginary line drawn through the points of contact of
lands, apartments, condominiums, townhouses and duplexes owned, rented
or leased by different persons; a demarcation or a line of separation
of properties; and, also, for any two or more buildings sharing common
grounds, the line drawn midway between any two said 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 officer.
PUBLIC RIGHT-OF-WAY
Any street, avenue, boulevard, highway, sidewalk, alley or
similar place which is owned or controlled by a governmental entity.
SOUND
An oscillation in pressure, particle displacement, particle
velocity or other physical parameter, in a medium with internal forces
that causes compression and rarefaction of that medium, or the superposition
of such propagated oscillation which evokes an auditory sensation.
The description of sound may include any characteristics of such sound,
including duration, intensity and frequency.
SOUND LEVEL
The weighted sound-pressure level obtained by the use of
a sound-level meter and frequency weighting network, such as A, B
or C, as specified in the American National Standards Institute specifications
for sound-level meters (ANSI S1.4-1971, or the latest revision thereof).
If the frequency weighting employed is not indicated, the A-weighting
shall apply.
SOUND-LEVEL METER
An instrument which includes a microphone, amplifier, RMS
detector, integrator or time average, output meter and any applicable
weighting network used to measure sound-pressure levels which meets
or exceeds the requirements for a Type I or Type II sound-level meter
as specified in ANSI Specifications S1.4-1971. The manufacturer's
published indication of compliance with such specifications shall
be prima facie evidence of such compliance.
TOWNSHIP
Millcreek Township, Erie County, Pennsylvania.
ZONING DISTRICTS
The land use districts established by Chapter
145 of the Millcreek Township Code of Ordinances.
The following sounds are exempted from the provisions of this
chapter:
A. Preapproved events: sounds coming from properties hosting events
which have been approved or issued a permit by the Township so long
as the event complies with all the terms and conditions of said permit.
B. Construction operations: sounds coming from construction operations:
[Amended 8-8-2023 by Ord. No. 2023-6]
(1) Between the hours of 7:00 a.m. and 10:00 p.m. in Zoning Districts
CR, R-1, R-2, and R-3; and
(2) At all times in all other Zoning Districts other than CR, R-1, R-2,
and R-3.
C. Landscaping activity: sounds coming from landscaping activity between
the hours of 7:00 a.m. and 9:00 p.m. or until sunset, whichever occurs
first.
D. Emergency work: sounds caused by the performance of emergency work
or by the ordinary and accepted use of emergency apparatus and equipment.
Snow removal shall be considered emergency work.
E. Government and utility services: sounds resulting from the repair
or replacement of any government or utility installation in or about
the public right-of-way; utility services shall include the Township
trash collection program through its contracted bid.
F. School and Township activities, including, but not limited to, sounds
created by organized school-related programs, activities, entertainment
events and athletic events, including amplified announcements at athletic
events.
G. Operation of motor vehicles: sounds caused by the use, operation,
or control of a motor vehicle on public rights-of-way; provided, however,
that sounds emanating from stereos, radios, or from the persons inside
of motor vehicles on public rights-of-way are not covered by this
subsection and may constitute a noise disturbance per this article.
The exemption of this subsection does not extend to motor vehicles
located on private properties as opposed to those on public rights-of-way.
Moreover, nothing contained in this subsection shall conflict with
any provision of the Pennsylvania Vehicle Code (75 Pa.C.S.A. § 101
et seq.), including Section 4523 of the Pennsylvania Vehicle Code
dealing with noise controls of mufflers and other exhaust systems.
In the event of any conflict between the Pennsylvania Vehicle Code
and this article, the Pennsylvania Vehicle Code shall prevail.