A. A-WEIGHTED DECIBEL ANSI CHIEF CODE ENFORCEMENT OFFICER DAYTIME DECIBEL NIGHTTIME NOISE NOISE DISTURBANCE(1) (2) (3) (4) SOUND LEVEL METER SOUND PRESSURE LEVEL ZONING DISTRICT CLASSIFICATION
Terminology and definitions. For the purposes of this section, the following words and phrases shall have the meanings respectively ascribed to them by this section:
The sound level, in decibels, measured with a sound level meter using the A-weighting network or scale as specified in the ANSI S1.4-1983 (specification for sound level meters). The level so read shall be postscripted dB(A) or dBA.
The American National Standards Institute, Inc., New York, New York.
The Chief of Police of West Rockhill Township or his authorized officers.
The West Rockhill Township Zoning Officer, or his or her authorized agents.
The local time of day between the hours of 7:00 a.m. and 10:00 p.m. weekdays and from 9:00 a.m. to 10:00 p.m. on Saturdays, Sundays and legal holidays unless otherwise specified.
A unit that describes the sound pressure level or intensity of sound. The sound pressure level in decibels is 20 times the logarithm to the base 10 of the ratio of the pressure of the sound in microbars to a reference pressure of 0.0002 microbar; abbreviated dB.
Those times excluded from the definition of daytime.
Any steady-state or impulsive sound occurring on either a continuous or intermittent basis that annoys or disturbs humans or that causes or tends to cause an adverse psychological or physiological effect on humans.
Any sound which:
Endangers or injures the safety or health of humans; or
Annoys or disturbs a reasonable person of normal sensitivities; or
Endangers or injures personal or real property; or
Exceeds the applicable maximum permissible sound levels as they appear in the table in Subsection B of this section.
An instrument to measure sound pressure levels that meets or exceeds performance standards for a Type 2 meter as specified by the ANSI.
The intensity in decibels (dB) of a sound.
The scheme of land use classification contained in this chapter, as amended from time to time.
B.
Maximum permissible sound levels generally. Except as otherwise provided, any noise which emanates from any operation, activity or source and which exceeds the maximum permissible sound levels established in this section below is hereby prohibited. Such levels shall be measured at the property boundary of the sound source or at any point within any other property affected by the noise. When a noise source can be identified and its noise measured in more than one zoning district classification, the limits of the most restrictive classification shall apply.
Table 18-1 Maximum Permissible Sound Pressure Levels | ||
|---|---|---|
Zoning District(s) | Classification Maximum dBA (Daytime/Nighttime) | |
Commercial | PC Planned Commercial District | 65/60 |
PC-2 Planned Commercial 2 District | 65/60 | |
Institutional | IS Institutional Service District | 65/60 |
Industrial | PI Planned Industrial District | 79/72 |
EXT Extraction District | 79/72 | |
Agricultural | RA Residential Agriculture | 60/55 |
Residential | SR Suburban Residential District | 60/55 |
RC Residential Conservation District | 60/55 | |
MHP Mobile Home Park District | 60/55 | |
Mixed-use districts | VC Village Commercial District | 65/60 |
VR Village Residential District | 65/60 | |
Recreational | REC Recreational District | 60/55 |
(1)
Heating and cooling systems, including but not limited to air conditioners and heat pumps, shall not be subject to the night levels enumerated above.
(2)
Any person with lawfully obtained building and/or land development permits who, between the hours of 7:00 a.m. and 6:00 p.m. weekdays and between the hours of 9:00 a.m. and 8:00 p.m. on Saturdays, Sundays and legal holidays, operates or causes to be operated any equipment used in construction, repair, alteration or demolition work on buildings, structures, alleys or appurtenances thereto in the outdoors in any residential district within 100 yards of a lawfully occupied dwelling shall not be subject to the levels enumerated above.
(3)
Persons performing construction of public projects, repair or maintenance work for such projects or persons performing work for private or public utilities for the repair of facilities or restoration of services shall not be subject to the levels enumerated above.
C.
Prohibitions generally. The following acts are violations of this chapter:
(1)
Operating or causing to be operated between the hours of 8:00 p.m. and 7:00 a.m. on weekdays and between the hours of 8:00 p.m. and 9:00 a.m. on Saturdays, Sundays and legal holidays any equipment used in construction, repair, alteration or demolition work on buildings, structures, alleys or appurtenances thereto in the outdoors in any residential district (as above set forth) within 100 yards of a lawfully occupied dwelling. This section shall not apply to construction of public projects, the repair or maintenance work performed on such projects or work performed by private or public utility companies for the repair of facilities or restoration of services.
(2)
Using, operating or causing to be operated mechanical loud speakers or other sound amplification devices on trucks or other moving vehicles for the purpose of commercial advertising or attracting the attention of the public during the nighttime. The use of such at all other times shall be subject to the following conditions:
(3)
Using, operating or causing to be operated mechanical loud speakers or other sound amplification devices in commercial establishments for the purpose of commercial advertising or attracting the attention of the public during the nighttime when such sound, as measured at the property line of the premises, exceeds the maximum permissible sound pressure levels for the zoning district from which the sound emanates as set forth in § 450-1800B above.
(4)
Operating or permitting to be operated any powered model aircraft in the outdoors during the nighttime.
(5)
The playing of radio, phonographs, television, tape or disc players, musical instruments or drums, sound amplifiers or similar devices which produce, reproduce or amplify sound in such a manner as to create a noise disturbance.
(6)
Talking, yelling, shouting, screaming, singing, or any other form of human sounds produced by any person or group of people that creates a noise disturbance.
(7)
Noise from animals.
(a)
It shall be unlawful for any person to allow within West Rockhill Township prolonged or intense barking or other harsh or excessive noises to be made by any animal under his ownership or control, at any time, so as to disturb the quiet, comfort or repose of the community.
(b)
For the purpose of this section, a harsh or excessive animal noise is one that disturbs the quiet, comfort or repose of a reasonable person with normal sensitivities. Continuous barking, yelping, howling or the making of any loud or harsh noise by an animal for more than 1/2 hour on any one occasion shall give rise to the presumption that such animal has disturbed the peace and has caused the annoyance and discomfort of persons in the Township.
(c)
For the purpose of this section, a person shall be deemed to have "allowed" his animal to bark or create other harsh or excessive noises if he has once been put on notice by the local policing authority or the West Rockhill Township Zoning Officer upon the written complaints of one or more person(s) and he thereafter fails to confine such animal inside his dwelling unit or other enclosed structure or take similar action calculated to terminate such disturbance. It shall not be necessary for the local policing authority or the West Rockhill Township Zoning Officer to issue a new notice for each repeated occurrence.
D.
Measurement procedures. The measurement of sound or noise pursuant to this chapter shall be as follows:
(1)
The measurement of sound or noise shall be made with sound level meters Type 1 or Type 2 that meet the standards prescribed by the ANSI. The instruments shall be maintained in calibration and good working order. A calibration shall be made of the system at the time of any noise measurement. Measurements recorded shall be taken so as to provide a proper representation of the noise source. The microphone during measurement shall be positioned so as not to create any unnatural enhancement or diminution of the measured noise. A windscreen for the microphone shall be used when required. A minimum of three sound level readings will be taken. The geometric mean of these readings will be used as the average sound level. If the background noise is equal to the levels set forth in Subsection B of this section above, three dB shall be subtracted out of the average sound level.
(2)
The slow meter response of the sound level meter shall be used to determine that the average amplitude has not exceeded the dBA readings or the limiting noise spectra set forth in Subsection B above.
(3)
Unless otherwise specified, the measurement shall be made at the property boundary on which such noise is generated, or at any point within the receiving property affected by the noise.
(4)
For any source of sound which emits an impulsive sound, the excursions of sound pressure level shall not exceed 20 dBA over the maximum sound level limits set forth Subsection B above, provided that in no case shall they exceed 80 dBA, regardless of time of day or night or receiving land use, using the "fast" meter characteristic of a Type II meter, meeting the American National Standards Institute Specifications Section 1.4- 1971.
E.
Exceptions. The maximum permissible sound levels established in § 450-1800B and the general prohibitions set forth in § 450-1800C hereof shall not apply to any of the following noise sources:
(1)
All emergency vehicles and implements, such as but not limited to firefighting equipment, law enforcement equipment, ambulance/medical equipment and any other equipment such as may be needed on short notice to protect personnel and/or property or secure the general welfare, are exempt from the noise control provisions of this chapter.
(2)
The work to provide electricity, water or other utilities when public health or safety is involved.
(3)
Licensed game hunting activities on property where such activities are authorized.
(4)
Agriculture. All farming and/or agricultural vehicles and implements are exempt from the noise control provisions of this chapter.
(5)
The noise of aircraft flight operations.
(6)
Public celebrations specifically authorized by the Township.
(7)
Surface carriers engaged in commerce by railroad.