The Board of Supervisors of Bethel Township, while respecting
the fair use of property, finds that excessive levels of sound are
detrimental to the physical, mental and social well-being of the residents
and therefore declares it to be necessary to provide for the control
of excessive sound within Bethel Township.
This chapter shall be known as the "Noise Disturbance Control
Ordinance of Bethel Township" and may be referenced as such.
All terminology not specifically defined in this section shall
be in conformity with applicable publications of the American National
Standards Institute [ANSI S1.1-1994 (R1999) and its revisions] or
its successor body. In addition, as used in this chapter, the following
definitions should apply:
A-WEIGHTED SOUND-PRESSURE LEVEL
The sound-pressure level as measured in decibels on a sound-level
meter using the A-weighted network. The level so read shall be designated
dB(A) or dBA.
AMBIENT NOISE LEVEL
The lowest sound level repeating itself during a ten-minute
period, as measured with a Type I or Type II sound-level meter (ANSI
S1.4-2014 and subsequent revisions). The minimum sound level shall
be determined with the noise source silent and in the same location
as the measurement of the sound level of the source when emitting
the sound under investigation.
C-WEIGHTED SOUND-PRESSURE LEVEL
The sound-pressure level as measured in decibels on a sound-level
meter using the C-weighted network. The level so read shall be designated
dB(C) or dBC.
EMERGENCY WORK
Work made necessary to restore property to a safe condition
following a public calamity, work to restore public utilities or work
required to protect persons or property from an imminent exposure
to danger.
IMPULSIVE NOISE
Any sound of short duration, with an abrupt onset and rapid
decay and an occurrence of not more than one time in any fifteen-second
interval.
LAEq
The average energy equivalent level of the A-weighted sound
over the measurement period.
LAmax
The maximum value the A-weighted sound-pressure level reaches
during the measurement period.
LCEq
The average energy equivalent level of the C-weighted sound
over the measurement period.
LCmax
The maximum value the C-weighted sound pressure level reaches
during the measurement period.
MOTOR VEHICLE
Any vehicle which is propelled or drawn by mechanical equipment,
including, but not limited to, passenger cars, trucks, truck-trailers,
semitrailers, campers, motorcycles, mini-bikes, go-carts, snowmobiles,
amphibious craft on land, dune buggies or racing vehicles.
NOISE
Any sound which is unwanted or which causes or tends to cause
an adverse psychological effect on human beings.
PERSON
Any individual, association, partnership or corporation,
and includes officers, employees, departments, agencies or instrumentalities
of a state or of any political subdivision of a state. Whenever used
in any clause prescribing and imposing a penalty, "person" includes
individual members, partners, officers and managers, or any of them,
of partnerships and associations, and as to corporations, the officers
and managers thereof, or any of them.
PROPERTY BOUNDARY LINE
Any imaginary line drawn through the points of contact of
adjoining lands, apartments, condominiums, townhouses and duplexes
owned, rented or 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 line drawn midway between any two said
buildings. All areas devoted to public rights-of-way shall be deemed
to be across the property line. For the purposes of this chapter,
the property line includes all points on a plane formed by projecting
the property line in a manner deemed appropriate by the enforcing
officer.
PUBLIC RIGHT-OF-WAY
Any street, avenue, boulevard, highway, sidewalk, alley or
similar place which is owned or controlled by a governmental entity.
PUBLIC SPACE
Any real property or structures thereon which are owned or
controlled by a governmental entity.
PURE TONE
Any noise that can be distinctly heard as a single pitch
or as a set of single pitches. For the purposes of measurement, a
pure tone exists when the 1/3 octave band sound-pressure level of
the tone exceeds the arithmetic average of the sound-pressure levels
of the two contiguous 1/3 octave bands by 5 dB for frequencies of
500 hertz and above, by 8 dB for frequencies between 160 and 400 hertz
and by 15 dB for frequencies less than or equal to 125 hertz.
No person shall cause, or allow to be caused, any noise disturbance as defined in §
278-5 of this chapter, unless a permit was granted or the acts fall under §
278-6 of this chapter.
This chapter shall not be construed to prevent the following:
A. Operation of properly licensed and properly maintained motor vehicles,
which are legally permitted to operate upon the public highways pursuant
to the Motor Vehicle Code of the Commonwealth of Pennsylvania.
B. Noise caused in the performance of emergency work for the immediate
safety, health or welfare of the community or individuals of the community,
or to restore property to a safe condition following a public calamity.
The use of stationary emergency signaling devices shall be for emergency
use only.
C. Sounds resulting from the repair or replacement of any municipal
utility installation.
D. Sounds made by warning devices, home alarms, motor vehicle alarms
and security alarms operating continuously for 10 minutes or less,
except that in the event of an actual emergency, the time limitation
shall not apply.
E. Sounds emanating from ordinary agricultural operations.
F. Sounds emanating from construction work and/or the repair of any
structure, but only between the hours of 7:00 a.m. and 5:00 p.m.,
Monday through Friday, and on Saturday between the hours of 9:00 a.m.
and 5:00 p.m.
G. Sounds emanating from the use of domestic power tools: any mechanically
powered saw, drill, sander, grinder, lawn or garden tool, lawn mower,
blower, powered trimmer or similar device used outdoors in residential
areas between the hours of 8:00 a.m. and 5:00 p.m. on Saturdays, Sundays
and legal holidays; and 7:00 a.m. and 7:00 p.m., Monday through Friday.
H. Sounds emanating from the operation of snow removal in order to remove
snow at any time.
The Township may grant permits for specific and temporary waivers
from this chapter, upon written request by the applicant and review
by the Board of Supervisors.
Any person who violates or permits a violation of this chapter
shall, upon being found liable therefor in a civil enforcement proceeding
commenced by the Township before a Magisterial District Judge, pay
a fine of not more than $1,000, plus all court costs, including reasonable
attorney's fees, incurred by the Township in the enforcement
of this chapter. If the person responsible for the violation neither
pays nor timely appeals the judgment, the Township may enforce the
judgment pursuant to the applicable Rules of Civil Procedure. Each
day a violation exists shall constitute a separate offense. Further,
the appropriate officers or agents of the Township are hereby authorized
to seek equitable relief, including injunction, to enforce compliance
with this chapter.
Any and all prior ordinances, resolutions and/or portions of
prior ordinances or resolutions in conflict with this chapter are
hereby repealed to the extent of such conflict.