[HISTORY: Adopted by the Board of Supervisors of the Township
of Hopewell 7-8-2013 by Ord. No.
1-2013. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Hopewell
Township Noise Ordinance."
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The purpose of this chapter is to reduce avoidable noise within
the community while maintaining prosperous growth and to further establish
what constitutes unacceptable noise. It is hereby declared that the
enactment of this chapter is necessary for the protection, benefit
and preservation of the health, safety, comfort, peace and welfare
of the inhabitants of Hopewell Township. This chapter shall replace
and repeal all prior Township ordinance(s) and provisions dealing
with what constitutes unacceptable noise in the Township, including
but not limited to Ord. No. 1-2009, by the Township Board of Supervisors.
As used in this chapter, the following terms shall have the
meanings indicated:
All sound at a given place; usually a composite of sounds
from many sources near and far.
Any type of nonportable or portable radio, cassette, compact
disc, DVD, Blu-ray or mp3 player. Also included are devices installed
in a vehicle.
Unit of A-weighted sound level.
Sound or a sound of any kind.
Sound levels described in this chapter shall be measured
with a sound level measuring device as defined/determined by the American
National Standards Institute specifications.
Any noise that is excessive, unnecessary or any noise which
either annoys, disturbs or injures or endangers the comfort, repose,
health, peace or safety of others within the limits of the Township
of Hopewell. Unlawfully loud noise is such noise that is generated
in excess of 60 dB(a) of an A-weighted sound level measured from any
adjoining property line of the source of said noise.
It shall be unlawful for any person, owner or lessee to:
A.
Vehicle horns. Unnecessarily and repeatedly sound the horn or any
vehicle, or use any loud signaling device thereon, on any street or
public place of the Township, except as a danger warning or except
when used on an emergency vehicle or a vehicle on an emergency business
use.
B.
Audio amplification or reproductive device. To have/play any audio
amplification or reproduction device on any Township street or sidewalk,
in any Township park, on any public conveyance or in any other public
property or private property that emits unlawful noise.
C.
Vehicular exhaust. The discharge into the open air of the exhaust
of any steam engine, motorboat, or motor vehicle, including motorcycles,
without the use of a muffler or other device which will effectively
prevent loud, explosive and unlawful noises.
D.
Vehicular/commercial/industrial/recreational noises. The operation
of any excessive, unnecessary and avoidable noise coming from a motorcycle,
trail bike, or other motorized two-, three-, or four-wheeled vehicle
or from commercial/industrial/recreational operations.
E.
Noise from vehicles in disrepair. Noise created from a vehicle so
out of repair, so loaded or in any manner that creates loud, unlawful
and unnecessary noise, such as grating, grinding, rattling or other
unnecessary noise.
F.
Animal noise. Any animal or bird to be kept by a person which shall
cause frequent, long continued noise which disturbs the comfort or
repose of any person.
G.
Such other noise which could threaten the health, safety, comfort
and welfare of the citizens of the Township of Hopewell.
A person shall be exempt from the aforesaid prohibitions as
follows:
A.
If any audio amplification, reproduction device horn or loud signaling
device is being operated to request assistance or warn of a hazardous
situation;
B.
If the device is used on an authorized emergency vehicle or a vehicle
operated by a gas, electric, communication or a water utility;
C.
If the device is being used in connection with a parade, political
activity, amusement activity or community event that is being conducted
under any permit issued by the Township and is otherwise in compliance
with all applicable codes of Hopewell Township and that the recommended
sound level is not exceeded between the hours of 11:00 p.m. and 7:00
a.m.
D.
If noise levels exceeding the lawful sound level emanate from construction,
industry and/or maintenance activities areas between 7:00 a.m. and
9:00 p.m.; if said noise levels are estimated to occur for a period
of more than five hours consecutively and/or for five hours out of
the daily time period and/or are to occur on a Saturday or Sunday,
written approval by the Township must be given prior to noise occurring.
E.
If otherwise granted an exemption of protected status by the Township
Supervisors.
A person may apply for protected status under this chapter if
the activity to be conducted would result in a violation(s) of this
chapter. In order to be granted protected status, the individual must
apply following the conditional use procedures of the Township and/or
any other applicable procedures contained within Township ordinances.
Conduct in violation of this chapter will only be considered exempt
upon approval and the granting of protected status by the Township
Supervisors. Protected status may be reviewed at any time by the Township
Supervisors. The Board of Supervisors may set the cost of a protected
status application/permit by resolution.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this chapter
shall, upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000, plus costs of prosecution. In default of payment
thereof, the defendant may be sentenced to imprisonment for a term
not exceeding 90 days. Each day or portion thereof that such violation
continues or is permitted to continue shall constitute a separate
offense, and each section of this chapter that is violated shall also
constitute a separate offense.
The provisions of this chapter are severable. If any sentence,
clause, or section of this chapter is for any reason found to be unconstitutional,
illegal, or invalid, such unconstitutionality, illegality, or invalidity
shall not affect or impair any of the remaining provisions, sentences,
clauses, or sections of this chapter. It is hereby declared to be
the intent of the Board of Supervisors of Hopewell Township that this
chapter would have been adopted had such unconstitutional, illegal,
or invalid sentence, clause, or section not been included herein.
