[Ord. No. 233, 2/20/2007]
The Board of Supervisors find that excessive levels of sound
are detrimental to the physical, mental and social well-being of the
people 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 Amity.
[Ord. No. 233, 2/20/2007]
The following words, terms and phrases when used in this Part
shall have the meaning ascribed to them in this section, except where
the context clearly indicates a different meaning. All terminology
used in this Part, not defined below, shall be in conformance with
the applicable publications of the American National Standards Institute
(ANSI S1.4 - 1983, ANSI S1.4a - 1985, and its revisions) or its successor
body.
The sound pressure level in decibels as measured on a sound
level meter using A-weighting network. The level so read is designated
dB(A).
The all-encompassing noise associated with a given environment,
being usually a composite of sounds from many sources near and far.
The erection, repair, renovation, demolition or removal of
any building or structure; and the excavation, filling, grading and
regulation of lots in connection therewith.
A unit for measuring the sound pressure level.
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage.
Any work performed for the purpose of preventing or alleviating
the physical trauma or property damage threatened or caused by an
emergency.
Sound of short duration, usually less than one second, with
an abrupt onset and rapid decay. Examples of impulsive sound include
explosions, drop forge impacts and the discharge of firearms.
A device designed or used for decreasing or abating the level
of sound escaping from an engine or machinery system.
Any sound which annoys or disturbs humans or which causes
or tends to cause an adverse psychological or physiological effect
on humans.
Any sound which:
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 to corporation, the
officers and managers thereof or any of them.
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.
Any street, avenue, boulevard, highway, sidewalk, alley or
similar place which is owned or controlled by a governmental entity.
Any real property or structures thereon which are owned or
controlled by a governmental entity.
An imaginary line drawn through the points of contact of
adjoining lands, apartments, condominiums, townhouses, and duplexes
owned, rented of 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 lawn drawn midway between any two such
buildings. All areas devoted to public right of way shall be deemed
to be across the property line. For the purpose of this regulation,
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.
Any sound which can be heard as a single pitch or a set of
single pitches. For the purpose of this Part, a pure tone shall exist
if the 1/3rd octave band sound pressure level in the band which the
tone exceeds the arithmetic average of the sound pressure levels of
the two contiguous octave bands by 5dB for center frequencies of 500
Hz and above and by 8dB for center frequencies between 160 and 400
Hz and by 15dB for center frequencies less than or equal to 125 Hz.
All land whether publicly or privately owned, whether improved
or not improved, with or without structures, exclusive of any areas
devoted to public right-of-way.
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.
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 American National Standards Institute specifications
for sound level meters (ANSI S1.4 & S1.4a, or the latest revision
thereof). If the frequency weighting employed is not indicated, the
A-weighting shall apply.
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
as specified in ANSI S1.4 & ANSI S1.4a. The manufacturer's
published indication of compliance with such specifications shall
be prima-facie evidence of such compliance.
The land use districts established by Chapter 32, entitled "Zoning," of the Township of Amity Code of Ordinances, and all subsequent amendments thereto.
[Ord. No. 233, 2/20/2007]
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
to control.
[Ord. No. 233, 2/20/2007]
The following acts, and the causing thereof, are declared to
be noise disturbances and therefore in violation of this Part:
(a)
Radios, Televisions 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 or 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 line (boundary), or between the hours of 10:00 p.m.
and 7:00 a.m. so as to be plainly audible across a property line (boundary);
or
(2)
In such a manner as to create a noise disturbance across a property
line (boundary) or at 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; or
(3)
In such a manner as to create a noise disturbance to any person
other than the operator of the device, when operated by any passenger
on a common carrier.
(c)
Construction Tools or Equipment. Operating or permitting the operation
of any tools or equipment used in construction operations, drilling
or demolition work:
(1)
Between the hours of 10:00 p.m. and 6:00 a.m. the following
day on weekdays and Saturdays or at any time on Sundays, such that
the sound therefrom creates a Noise Disturbance across a residential
real property line (boundary) except for emergency work.
(2)
At any other time such that the sound level at or across a real
property line (boundary) exceeds 85 dB(A) for a period of one hour.
(3)
This Subsection (c) shall not apply to the use of domestic power
tools as hereinafter provided in Subsection (d) hereof.
(d)
Domestic Power Tools. Operating or permitting the operation of any
mechanically powered saw, drill, sander, grinder, lawn or garden tool,
snowblower or similar device used outdoors in residential areas between
the hours of 10:00 p.m. and 6:00 a.m. so as to cause a noise disturbance
across a residential property line (boundary) except in an emergency.
(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 10:00 p.m. and 6:00
a.m. in such a manner as to cause a noise disturbance across a residential
property line (boundary).
(f)
Animals and Birds. Owning, possessing, harboring or controlling any
animal or bird which howls, barks, meows, squawks, or makes other
sounds continuously and/or incessantly for a period of 10 minutes
or makes such noise intermittently for 1/2 hour or more to the disturbance
of any person at any time of the day or night regardless of whether
the animal or bird is situated in or upon private property; provided,
however, that at the time the animal or bird is making such noise,
no person is trespassing or threatening to trespass upon private property
in or upon which the animal or bird is situated or for any other legitimate
cause which teased or provoked the animal or bird.
(g)
Powered Model Vehicles. Operating or permitting the operation of
powered model vehicles so as to create a noise disturbance across
a residential property line (boundary) between the hours of 10:00
p.m. and 6:00 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 of the Township (see Table I in § 7-209), except between the hours of 6:00 a.m. and 10:00 p.m., and at no time in such a manner as to violate § 7-209 hereof, relating to sound levels by districts.
(i)
Tampering. The following acts or the causing thereof are prohibited:
(1)
The removal or rendering inoperative by any person, other than
for the purposes of maintenance, repair or replacement, of any muffler
or sound dissipative device or element of design or noise label of
any product.
(2)
The intentional moving or rendering inaccurate or inoperative
of any sound monitoring instrument or device positioned by or for
the Police Department, provided such device or the immediate area
is clearly labeled in accordance with noise control regulations, to
warn of the potential illegality.
(3)
The use of a product which has had a muffler or sound dissipative
device or element of design or noise labeled removed or rendered inoperative,
with knowledge that such action has occurred.
(j)
Trash and Recycling Trucks. Operating or permitting the operation
of and Trash Truck or Recycling Truck in residential areas between
the hours of 10:00 p.m. and 6:00 a.m. so as to cause a noise disturbance
across a residential property line (boundary).
(k)
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 residential
real property line (boundary).
[Ord. No. 233, 2/20/2007]
No person shall operate or cause to be operated a public or
private motor vehicle or motorcycle, or any equipment attached to
such a vehicle, on a public right of way at any time in such a manner
that the sound level emitted by the motor vehicle or motorcycle, or
any equipment attached to such a vehicle exceeds the level set forth
in Pennsylvania Code Title 67, Chapter 157, entitled Established Sound
Levels.
[Ord. No. 233, 2/20/2007]
No person shall operate or permit the operation of any motor
vehicle or any auxiliary equipment attached to such a vehicle for
a period longer than 15 minutes in any hour while the vehicle is stationary
for reasons other than traffic congestion, anywhere within 150 feet
of any residence in such a manner as to cause a noise disturbance
across a residential property line (boundary).
[Ord. No. 233, 2/20/2007]
No person shall at any time sound the horn or other warning
device of a vehicle except when necessary as a warning while actually
driving such vehicle or unless necessary in the testing of such for
state inspection purposes.
[Ord. No. 233, 2/20/2007]
No person shall operate amplifying equipment mounted on or attached
to any motor vehicle at any time in such a manner as to exceed the
maximum permissible motor vehicle noise emissions as set forth herein.
[Ord. No. 233, 2/20/2007]
No person shall operate or cause to be operated any source of
sound in such a manner as to create a sound level which exceeds the
limits set forth in the zoning designations category in Table I below
when measured at or across the property line (boundary) from the noise
source. Any sound source that produces sound in excess of those levels
shall constitute a Noise Disturbance.
|
Table I. Sound Levels by Zoning Districts as May be Amended
From Time to Time
| |||
|---|---|---|---|
|
Zoning District of the Property on Which the Source of the Noise
is Located
|
Sound Level Limit, dB(A)
| ||
|
6:00 a.m. to 10:00 p.m.
|
10:00 p.m. to 6:00 a.m.
| ||
|
Residential
|
57
|
52
| |
|
Includes RC, LDR, MDR and MHP
| |||
|
Commercial
|
85
|
62
| |
|
Includes HC and SCC
| |||
|
Manufacturing
|
77
|
77
| |
|
Includes LI
| |||
[Ord. No. 233, 2/20/2007]
The sound level limits set forth in Table I shall be exceeded
when any one or more of the following occur:
(a)
The sound at any one point in time exceeds any of the established
zone limits in Table I above by a measured sound level of 15 dB(A);
or
(b)
The sound exceeds any of the established zone limits in Table I above
by a measured sound level of 10 dB(A) for a cumulative total of one
minute or more out of any ten-minute period; or
(c)
The sound exceeds, except in the Manufacturing District, any of the
established zone limits in Table I above by a measured sound level
of three dB(A) continually for a period of five minutes, or a total
of five minutes out of any ten-minute period.
[Ord. No. 233, 2/20/2007]
For the purposes of this Part, sound shall be measured at or
beyond the property line (boundary) of the property on which the noise
source is located.
[Ord. No. 233, 2/20/2007]
For any source of sound which emits a pure tone or impulsive
sound, the limits set forth in Table I above shall be reduced by five
dB(A).
[Ord. No. 233, 2/20/2007]
All sound measurements shall be made on a sound level meter
calibrated in the manner required by the manufacturer's specifications.
[Ord. No. 233, 2/20/2007]
The provisions of this Part shall not apply to:
[Ord. No. 233, 2/20/2007]
The following sounds are exempted from the provisions of this
Part:
(a)
Amplified Announcements. Stationary electronically amplified announcements
at athletic events, political events and civic events.
(b)
Blasting. Blasting, under proper permit. Such blasting may occur
only between the hours of 9:00 a.m. and 4:00 p.m., Monday through
Friday, unless specifically authorized by permit.
(c)
Concerts, Etc. 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:
(1)
Such activities do not produce sound 15 dB(A) in excess of sound levels set forth in Table I of § 7-209 hereof; and
(2)
Such activities do not occur between the hours of 10:00 p.m.
and 8:00 a.m.; and
(3)
All necessary permits as defined by Township ordinances have
been procured, i.e., special event permit.
(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 motor vehicle racing events.
(g)
Warning Devices. Sounds made by warning devices operating continuously
for three minutes or less except in the event of an actual emergency,
the time limitation shall not apply.
[Ord. No. 233, 2/20/2007]
This Part shall be enforced by the Amity Township Police Department.
[Ord. No. 233, 2/20/2007]
Any person who violates any provision of this Part shall, upon
conviction thereof, in a summary proceeding be fined not more than
$1,000 for each and every offense, plus costs of prosecution and/or
imprisonment for a term not exceeding 90 days. Each day during which
any person violates any provision of this Part shall constitute a
separate offense.
[Ord. No. 233, 2/20/2007]
Parents of persons under 18 years of age shall be held jointly
and severally liable with the Minor for penalties incurred by, caused
or committed by their children.
[Ord. No. 233, 2/20/2007]
If any section of this Part is held invalid, the remainder of
this Part, and the application of such provision to other persons
or circumstances, shall not be affected thereby.
