[Ord. 1997-4, 10/29/1997, § 1]
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 prohibited
noises. These regulations and prohibitions are intended to protect
the physical, mental and social well-being of the residents of the
Township of Vernon.
[Ord. 1997-4, 10/29/1997, § 2]
[Ord. 1997-4, 10/29/1997, § 3]
1.
The following devices are exempt from the provisions of these regulations:
A.
Aircraft (except model aircraft).
B.
Police, fire, ambulance and other governmental emergency vehicles.
C.
Back-up alarm devices on trucks and other equipment when installed
and operated in accordance with Society of Automotive Engineers'
recommended practice J 994, "Criteria for Back-Up Alarm Devices."
D.
Governmental warning devices (i.e., civil defense or fire siren).
E.
Machinery and equipment being utilized in agricultural activity or
while the same is in transit in anticipation of being used in agricultural
activity.
[Ord. 1997-4, 10/29/1997, § 4]
All acoustical terminology shall be that contained in ANSI S1.1,
"Acoustical Terminology."
American National Standards Institute or its successors.
Any device or combination of devices used or capable of being
used as a means of accomplishing a desired end, such as a window air
conditioning unit.
The twenty-four-hour period starting at local midnight.
6:00 a.m. to 6:00 p.m.
A unit of sound level which is a division of logarithmic
scale used to express the ratio of the sound intensity of the source
to the intensity of an arbitrarily chosen reference intensity. The
ratio is expressed on the decibel scale by multiplying its "base 10
logarithm" by 10.
Any device or combination of devices to accomplish a desired
end, such as a chain saw, bulldozer, etc.
That would 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.
A noise whose sound level varies significantly with time.
Characterized by brief excursions of sound level. The duration
of a single impulse is usually less than one second.
A noise whose sound level exceeds the ambient noise levels
at least twice during the period of observation which is one minute
or more. The period of time during which the level of the noise remains
at an essentially constant value different from that of the ambient
is on the order of one second or more.
Any sound emitted by a person, animal, vehicles, appliance,
equipment or other device and its environmental interaction.
Any person appointed by the Township of Vernon with responsibility
to enforce municipal ordinances or any sworn member of the Vernon
Township Police Department.
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.
Either the owner or operator of vehicles, appliances, equipment
or devices.
Society of Automotive Engineers.
Airborne sound levels are expressed in dB and obtained by
the use of specific frequently dependent weighing networks as specified
in the referenced standards. The specific weighing network used must
be indicated by the proper notation. If the A-weighing is employed,
the sound level is identified as db(A).
An instrument, or combination of instruments, which meets
or exceeds the requirements for an ANSI Type S1A or Type S2A Sound
Level Meter.
A noise whose level remains essentially constant (i.e., fluctuations
are less than five dB during the period of observation is a steady
noise.)
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 like devices, farm machinery, industry,
highway graders, trailers, graders and semitrailers.
[Ord. 1997-4, 10/29/1997, § 5]
1.
Abatement. Any emission of noise from any source in excess of the
limitation established in or pursuant to this Part herein described
shall be deemed and hereby declared to be a public nuisance and may
be abated, in addition to the administrative proceedings, fines and
penalties herein provided. Such abatement may be made by any police
officer or the Ordinance Enforcement Officer, or may be made by order
of the Court of Common Pleas of Crawford County, Pennsylvania, on
compliant, or petition filed on behalf of the Township of Vernon.
2.
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 in such place or manner,
or at such levels which may give rise to such cause of action.
3.
The Noise Enforcement Officers of the Township of Vernon shall:
A.
Be qualified by training and experience to perform the necessary
measurements and procedures required to determine violations of the
provisions of this Part.
B.
File complaints with the District Justice to prosecute violations
of this Part.
C.
Investigate complaints of violations of this Part and make inspections
and observations of noise conditions.
D.
Be authorized to issue a warning to persons considered in violation
of these regulations, a warning which may allow an appropriate time
not to exceed 30 calendar days for correction to bring the offending
vehicle(s), appliance(s), equipment or other device(s) within the
provisions of these regulations before enforcement by prosecution.
[Ord. 1997-4, 10/29/1997, § 6]
1.
The Township of Vernon shall:
A.
Have available in convenient form as in a unit the provisions of
this Part and the recommended practices, rules, regulations and standards
which have been adopted. A copy of the information sources shall kept
on file in the Township of Vernon offices.
B.
Prepare and maintain records of all orders issued by the Noise Enforcement
Officers and the Appeals Board.
C.
By the Board of Supervisors of Vernon Township, issue all standards,
permits, certificates, notices or other matters required under the
provisions of this Part and notify all persons concerned of any decisions
rendered and provide such persons with an opportunity to be heard
as herein set forth.
D.
Establish an Advisory Committee to investigate and make recommendations
from time to time to the Board of Supervisors of Vernon Township with
respect to needed additions or revisions of this Part.
[Ord. 1997-4, 10/29/1997, § 7]
1.
The Board of Supervisors of Vernon Township shall establish an Appeals
Board consisting of five members to hear and decide cases regarding
interpretations of this Part and variances for undue hardship situations.
2.
The membership of the Appeals Board shall contain at least one member
who is qualified by training and experience in the field of noise
control and noise control regulations.
[Ord. 1997-4, 10/29/1997, § 8]
1.
General. No person shall make, permit or cause to be made, any excessive
noise of any kind by crying, calling or shouting, or by means of any
whistle, rattle, bell, gong, clapper, hammer, drum, horn, hand organ,
mechanically-operated piano, other musical instrument, wind instrument,
mechanical device, radio, phonograph, sound amplifying or other similar
electronic device unless said person has obtained a special permit
from the Board of Supervisors of the Township of Vernon or their designated
agent as provided in this Part.
2.
Musical Instruments. No person shall use or perform on any hand organ
or other musical instrument or device, for pay or in expectation of
payment, in any public way or public open space of the Township of
Vernon before 6:00 a.m. or after 6:00 p.m. of the day unless said
person has obtained a special permit from the Board of Supervisors
of Vernon Township or their designated agent.
3.
Noise from Premises. No person owning, or in possession or control
of any building or premises shall use the same, permit the use of
the same or rent the same to be used for any business or employment
or residential use, or for any purpose of pleasure or recreation if
such use shall, by its boisterous nature, disturb the peace of the
neighborhood as measured at the property line in which such building
or premises is situated or be dangerous or detrimental to health.
4.
Equipment Noise. It shall be unlawful for any person to use any pile
driver, shovel, hammer, derrick, hoist, tractor, roller or other mechanical
equipment operated by fuel or electric power in building or construction
operations from 6:00 p.m. to 6:00 a.m. of the following day except
for emergency work on public improvements, work of public service
utilities and municipal services unless such equipment has been manufactured
or modified for sound control and meets the provisions of this Part.
5.
Noise in Handling Refuse Cans. No person shall make any unnecessary
noise in the handling of ash, trash and garbage cans, either in loading
or unloading, whether full or empty.
6.
Noise in Vicinity of Hospitals, Schools and Churches. No person shall
make any unnecessary noise in the vicinity of any hospital, or church
during the hours of public worship or school during school hours.
7.
Unlawful to Keep to Keep Noisy Animals. No person shall keep, or
permit to be kept, harbor or otherwise maintain any animal which shall
disturb the quiet of any public street or other public place or of
any neighborhood; provided, however, that a noisy animal shall be
defined as one or more animals which makes noises habitually, so as
to constitute annoyance to a person of ordinary sensibilities.
8.
Noise by Peddlers. No peddler or other person who plies a trade or
calling of any nature on the streets of the Township of Vernon shall
use any horn, bell or other sound instrument to make any noise tending
to disturb the peace and quiet of the neighborhood for the purpose
of directing attention to his wares, trade or calling.
9.
Use of Horns and Other Devices on Vehicles. No person, operating
any vehicle, other than police, fire, public service or ambulance
operators, shall sound any horn, bell, gong, siren or whistle except
for the ordinary horn installed on such vehicle by the manufacturer,
or sound any type of horn except when reasonably necessary to prevent
accidents or to otherwise comply with the law of motor vehicles.
10.
The operational performance standards established by this Part shall
not apply to any public performance being conducted in accordance
with provisions of a special permit obtained from the Board of Supervisors
of Vernon Township or their designated agent for the conduct thereof.
11.
Vehicles. No person shall operate either a motor vehicle of a type subject to registration except in police, fire equipment, ambulances, or other government emergency vehicles at any time, under any condition of grade, load, acceleration or deacceleration in such a manner as to exceed the following noise limits for the category of minor vehicles based on a distance of 50 feet from the center of the lane traveled on within the speed limit specified in this section under test procedures established by § 10-310 of this Part.
|
Type of Vehicle
|
Speed Limit of 35 MPH or Less
|
Speed Limit of 35 MPH or More
| |
|---|---|---|---|
|
(1)
|
Any motor vehicle with a manufacturer's gross combination
weight rating of 10,000 pounds or more and any combination of vehicles
towed by such motor vehicle
|
86 dB(A)
|
90 dB(A)
|
|
(2)
|
Any other vehicle or any combination of vehicles towed by such
motor vehicle
|
76 dB(A)
|
82 dB(A)
|
|
(3)
|
Any motorcycle or motor driven cycle
|
78 dB(A)
|
82 dB(A)
|
A.
This section applies to the total noise from a vehicle or combination
of vehicles and shall not be construed as limiting or precluding the
enforcement of any other provisions of this Code relating to motor
vehicle mufflers for noise control.
B.
No person shall modify or change the exhaust muffler, intake muffler
or any other noise abatement device of a motor vehicle so that the
noise level is increased above that emitted by the vehicle as originally
manufactured. Procedures used to establish compliance with this subsection
shall be those used to establish compliance of a new motor vehicle
with the requirements of this Part.
C.
No person shall sell or lease or offer for sale or lease a new or second-hand vehicle that produces a maximum noise exceeding the noise limit at a distance of 50 feet from the center line of travel as stated in Subsection 8 of this section. The manufacturer, distributor, importer or designated agent shall, if requested, certify in writing to the Township of Vernon that his vehicles sold or leased within the Township of Vernon comply with the provisions of this Part.
12.
Equipment.
A.
No person shall operate any powered equipment or powered hand tool that produces a maximum noise level exceeding the following noise limits at a distance of 50 feet under test procedures established by § 10-310 of this Part.
|
Type of Equipment
|
Noise Limit
| |
|---|---|---|
|
(1)
|
Construction and industrial machinery such as crawler-tractors,
dozers, rotary drills and augers, loaders, power shovels, cranes,
derricks, motor graders, paving machinery, off-highway trucks, ditchers,
trenchers, compactors, scrapers, pavement breakers, compressors and
pneumatic power equipment but not including pile drivers
|
86 dB(A)
|
|
(2)
|
Agricultural tractors and equipment
|
86 dB(A)
|
|
(3)
|
Powered commercial equipment of 2 HP or less intended for infrequent
use in residential areas such as chain saws, pavement breakers, log
chippers, powered hand tools, etc.
|
84 dB(A)
|
|
(4)
|
Powered equipment intended for repetitive use in residential
areas such as lawnmowers, small lawn and garden tools, riding tractors,
snow removal equipment, etc.
|
70 dB(A)
|
B.
No person shall sell or lease or offer for sale or lease new or second-hand
equipment that produces a maximum noise exceeding the noise limit
at a distance of 50 feet as stated in Subsection 12A above. The manufacturer,
distributor, importer or designated agent shall, if requested, certify
in writing to the Township of Vernon that his equipment sold or leased
within the Township complies with the provisions of this Part.
[Ord. 1997-4, 10/29/1997, § 9]
1.
Any property use established in a zoning district as defined and designated under the provisions of the Vernon Township Zoning Ordinance [Chapter 27] shall be such as to comply with the performance standards governing noise set forth hereinafter for the district in which such use shall be located.
2.
Noise levels shall be measured in terms of the sound level in dBA
using equipment which meets the requirements established by this Part.
3.
In all commercial and industrial zoning districts, at no point on the boundary of any residential zoning district shall the sound level of any individual operation, or business, or the combined operations of any person, firm or corporation exceed the dBA levels shown below for the zoning district indicated from 6:00 p.m. to 6:00 a.m. of the following day, as measured under the test procedures established by § 10-310, Subsection 2, of this Part.
A.
Maximum sound levels dB(A) along district boundaries as measured
by conventional sound level meters on slow response:
|
Residential
|
Commercial/Industrial
| |
|---|---|---|
|
A-scale levels
|
55 dB(A)
|
62 dB(A)
|
B.
In commercial zoning districts all activities involving the production,
processing, cleaning, servicing, testing, repair of materials, goods
or products, or any property use shall conform with the performance
standards state above; provided, that performance standards shall,
in every case, be applied at the boundaries of the lot on which any
such activities take place, except in such cases where the maximum
permitted sound levels may be exceeded at a more distant point.
C.
In residential zoning districts, any property use shall conform with
the performance standards stated above for residential district boundaries;
provided; that performance standards shall, in every case, be applied
at the boundaries of the lot on which such use is established except
in such cases where the maximum permitted sound levels may be exceeded
at a more distant point.
[Ord. 1997-4, 10/29/1997, § 10]
1.
Test procedures to determine whether maximum noises emitted by new motor vehicles sold or offered for sale or lease meet the noise limits stated in § 10-308, Subsection 12, of this Part shall be in substantial conformity with standards and recommended practices established the SAE, Incorporated, and the Pennsylvania Department of Environmental Resources as well as the United States Environmental Protection Agency and such other and further standards as may be propounded in the Code of Recommended Practices of the Township of Vernon.
2.
Test procedures to determine whether maximum noises emitted by powered equipment or powered hand tools, sold or leased, or offered for sale or lease, meet the noise limits stated in § 10-308, Subsection 12, of this Part shall be in substantial conformity with Standards and recommended Practices established by the SAE., Incorporated, and the Pennsylvania Department of Environmental Resources as well as the United States Environmental Protection Agency and such other and further standards as may be propounded in the Code of Recommended Practices of the Township of Vernon.
[Ord. 1997-4, 10/29/1997, § 11; as amended by Ord.
1998-2, 3/5/1998]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a district justice in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, 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 90 days. Each day that a violation of this Part continues
or each section of this Part which shall be found to have been violated
shall constitute a separate offense.
