[HISTORY: Adopted by the Board of Supervisors of the Township
of Silver Spring as indicated in article histories. Amendments noted
where applicable.]
[Adopted 3-26-2014 by Ord. No. 2-2014]
This article shall be known as the "Silver Spring Township Noise
Ordinance."
This article is enacted pursuant to the Second Class Township
Code.[1]
[1]
Editor's Note: See 53 P.S. § 65101 et seq.
The purpose of this article is to ensure that public health,
safety and welfare shall not be abridged by the making and creating
of noise pollution or of public nuisances from disturbing, excessive
or offensive noises in the Township. The residents of the 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 defining
a noise disturbance, which vehicles, appliances, and equipment shall
be not allowed to produce within specified distances from their neighbors,
and also to provide for the prohibition of other kinds of offensive
noises. These regulations and prohibitions are intended to protect
the physical, mental and social well-being of the residents of Silver
Spring Township.
The Board of Supervisors finds that failure of individuals,
businesses, industries, persons maintaining animals, social gatherings
and other activities to regulate the noise emanating from their premises
constitutes a violation of the peace and enjoyment of the residents
of the Township and a public nuisance. Specifically, such noise emanating
from home occupations, businesses, industries between certain hours;
sound amplification equipment; radios; electronic sound-recording
equipment; vehicles; persons maintaining non-farm animals; social
gatherings and other activities:
A.
Creates a nuisance in that residents are deprived of the enjoyment
of their homes, disturbed in their sleep, and otherwise prevented
from the quiet enjoyment of their residential premises;
B.
Affects the property values of residences in the Township;
C.
Affects the public welfare by reflecting negatively on the quality
of life in residential areas of the Township;
D.
Disturbs the peace and good order of the Township; and
E.
Creates noise pollution.
As used in this article, the following term shall have the meaning
indicated:
Noise of such loudness, character, duration or repetition
from a single source or from multiple sources, which is or may be
predicted with reasonable certainty to be injurious to health, or
which unreasonably interferes with the enjoyment of property or with
any lawful business or activity, or annoying to a reasonable person
of normal sensitivities.
A.
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.
B.
The following acts and the causing thereof are declared to be noise
disturbances between the hours of 10:00 p.m. and 6:00 a.m., and therefore
in violation of this section.
(1)
Radios, television sets, musical instruments, and similar devices.
Operating, playing or permitting the operation or playing of any radio,
television, disc jockey equipment, drum, musical instrument, sound
amplifier, automobile radio, automobile stereo, or similar device
which produces, reproduces or amplifies sound at any time in such
a manner as to cause a noise disturbance across a property boundary.
(2)
Construction. Operating or permitting the operation of any tools
or equipment used in construction operations, drilling or demolition
in a manner as to cause a noise disturbance across a property boundary.
(3)
Domestic power tools. Operating or permitting the operation of any
mechanically powered saw, drill, sander, grinder, lawn or garden tool,
or similar device used outdoors in residential areas so as to cause
a noise disturbance across a property boundary.
(4)
Loading and unloading. Loading, unloading, opening, closing or other
handling of boxes, crates, containers, building materials, or similar
objects in such a manner as to cause a noise disturbance across a
property boundary.
C.
Domesticated 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 30 minutes or makes such noise intermittently for one 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.
D.
Off-road vehicles. Operating or permitting the operation of off-road
vehicles so as to create a noise disturbance across a property boundary.
E.
Motor vehicle prohibitions.
(1)
Squealing tires, burn-outs, peel-outs, power-braking, or similar
activity. No person shall cause or allow the tires of a motor vehicle,
which the person is operating, to squeal except when necessary in
order to avoid a collision with another person, vehicle or other property.
(2)
Racing engine/rapid throttle advance. No person shall operate a motor
vehicle in such a manner that the public's attention is drawn
to the source of the noise. The prohibition of this section shall
include racing the engine or rapid throttle advance and/or revving
of an internal combustion engine resulting in an increase of noise
from the engine.
Noise emitted from the following sources shall be exempt from
the noise standards specified herein:
A.
All safety signals and warning devices of authorized vehicles when
responding to emergencies (e.g., police, fire, ambulance sirens or
any other device used to alert persons to an emergency or used during
the conduct of emergency work).
B.
The provision, repair and maintenance of municipal services, public
utilities, or any other governmental entity.
C.
Bells, chimes and carillons used in conjunction with celebrations
or public holidays.
D.
Tools, materials and equipment are exempt from the time limitations
if used in the case of an emergency (such as a weather event).
E.
Musical, recreational and athletic events conducted by or permitted
by schools, local government, community festivals, or events sponsored
by nonprofit organizations.
F.
Existing weapons firing ranges during daytime hours, as defined herein.
Any weapons firing ranges used for training or certifying law enforcement
agencies shall be exempt from this article.
G.
All motor vehicles being operated on the public roads in Silver Spring
Township, provided such are operated within the manufacturer's
specifications, and with all standard noise-reducing equipment in
use, unmodified and in proper working condition.
H.
Activities permitted by special waiver, as provided herein, according
to the terms and conditions of said waiver.
I.
All agriculturally-related operations and activities.
J.
Snow removal equipment, provided such are operated within the manufacturer's
specifications and with all standard noise-reducing equipment in use,
unmodified and in proper operating condition.
K.
Any existing legitimate or licensed business, commercial or industrial
operation, provided any appliances, equipment, machinery or devices
used in such operation are operated within the manufacturer's
specifications and with all standard noise-reducing equipment in use,
unmodified and in proper operating condition.
A temporary waiver from strict compliance with the noise standards
specified herein may be granted to persons during special circumstances,
as determined by the Board of Supervisors or its designee, to permit
reasonable time to effect repairs.
This article may be enforced by any police officer, zoning officer
or code enforcement officer.
The provisions of this article are not intended to interfere
with, abrogate or annul other rules, regulations or ordinances. If
more stringent requirements concerning noise abatement are contained
in other statutes, rules, regulations or ordinances, the more stringent
regulation shall apply.
Any person, firm or corporation who shall violate any provision
of this article shall, upon conviction before a Magisterial District
Judge as a summary offense, be sentenced to pay a fine of not more
than $1,000 and, in default of payment, to imprisonment for a term
not to exceed 30 days. Every day that a violation of this article
continues shall constitute a separate offense.
If any sentence, clause, section or part of this article 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, sections
or parts of this article. It is hereby declared as the intent of the
Board of Supervisors that this article would have been adopted had
the unconstitutional, illegal or invalid sentence, clause, section
or part thereof not been included therein.
All ordinances or parts of ordinances which are inconsistent
herewith are hereby repealed.
This article shall take effect five days from the date of adoption.
[Adopted 7-13-2016 by Ord. No. 2-2016]
This article shall be known as the "Regulation and Use of Engine-Retarding
Devices Ordinance."
A.
The purpose of this article is to protect the health, safety and
welfare of the residents of the Township of Silver Spring by regulating
the use of engine-retarding devices within the Township as follows:
B.
The Silver Spring Township Board of Supervisors finds that the operation
of motor- or engine-retarding devices commonly known as "Jake brakes®" (but referred to herein as an "engine-retarding
device") on gasoline-, diesel- or other fuel-powered vehicles, whether
or not such vehicles are equipped with proper exhaust mufflers or
defective or modified exhaust mufflers or systems, creates noise which
adversely affects the public health, safety and welfare of residents
in certain areas of the Township.
The Silver Spring Township Board of Supervisors finds that the operation of engine-retarding devices creates such noise and disturbance as to create a nuisance in certain areas of the Township, which nuisance the Board is authorized to prohibit as per the previously established Silver Spring Township Noise Ordinance (Ord. No. 2014-02; see Article I of this chapter). Necessary approval to regulate engine-retarding devices as contemplated by this article has been obtained from the Pennsylvania Department of Transportation in accordance with 67 Pa. Code § 179.10(20) as a condition precedent to the exercise by the Board of Supervisors of its authority under this article.
As used in this article, the following term shall have the meaning
prescribed below:
Any motor-/engine-retarding device, engine brake retarder,
exhaust brake retarder or hydraulic brake retarder, retarding device
or system that acts as or is intended to act to supplement the service
brakes or wheel brakes and that brakes on the motor, engine or other
system other than the wheels for purposes of or as a means of slowing
or stopping a truck, truck tractor, motor carrier vehicle, motor vehicle
or vehicle.
No person, firm, corporation, association or entity shall use
an engine-retarding device on or along the following roadways located
within Silver Spring Township:
Signs shall be erected on Township highways or roadways as identified in§ 257-19 above, notifying persons of the prohibition against the use of engine-retarding devices in the Township, which signs and their specific locations shall be in compliance with any applicable regulations of the Pennsylvania Department of Transportation.
The enforcement of this article shall be by action before a
Magisterial District Judge in the same manner as provided for the
enforcement of a summary offense. Any person, firm, corporation, association
or entity violating any provision of this article shall, upon conviction,
be subject to pay a fine not to exceed $1,000, reasonable attorneys'
fees incurred by the Township, plus costs of prosecution and, in default
of the payment thereof, be sentenced to undergo imprisonment as allowed
by law for the punishment of a summary offense.
This article shall be enforced by any law enforcement officer
of the Township of Silver Spring.
All ordinances or parts of ordinances inconsistent herewith
are hereby repealed.
