[HISTORY: Adopted by the Board of Supervisors of the Township
of Bethel 4-9-2019 by Ord. No.
227. Amendments noted where applicable.
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:
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.
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.
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.
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.
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.
The average energy equivalent level of the A-weighted sound
over the measurement period.
The maximum value the A-weighted sound-pressure level reaches
during the measurement period.
The average energy equivalent level of the C-weighted sound
over the measurement period.
The maximum value the C-weighted sound pressure level reaches
during the measurement period.
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.
Any sound which is unwanted or which causes or tends to cause
an adverse psychological effect on human beings.
Any sound and/or vibration of excessive levels as set forth in § 278-5 of this chapter.
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.
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.
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.
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.
A.Â
No person shall operate or permit operation of any device or otherwise
cause or commit to be caused noise in such a manner as to create an
equivalent noise level, LAeq or a maximum noise level, LAmax, which
exceeds either of the limits set forth for the receiving land use
in Table 1, attached hereto,[1] when measured at the property boundary line. When a noise
source can be identified and the noise it creates can be measured
in more than one land use category, the limits of the most-restrictive
use shall apply at the boundaries between different zoning designations.
Any sound source that produces a sound in excess of those levels shall
constitute a noise disturbance.
[1]
Editor's Note: Table 1 is on file in the Township offices.
B.Â
When (LCeq-LAeq) is greater than or equal to 20 dBA, indicating significant
low-frequency content in the noise being measured, the limits in Table
1 shall be reduced by 3 dBA.
C.Â
Ambient sound. In the event that the background ambient sound levels
in an area of suspected noise disturbance exceed the levels set forth
in Table 1, the sound of the intrusive sound source shall be measured
with the ambient background sound levels being substituted as the
Table 1 sound-level limits.
D.Â
Where measured. For the purposes of this section, sound shall be
measured at or beyond the property line of the property on which the
noise source is located.
E.Â
Pure tone and impulsive sound. For any source of sound which emits
a pure tone or impulsive sound, the limits set forth in Table 1 shall
be reduced by 5 dB(A).
F.Â
Measuring instruments. All sound measurements shall be made on a
sound-level meter that meets ANSI Type II standards or better according
to ANSI S1.4-2014 and any subsequent revisions. An integrating sound-level
meter is required to determine LAeq.
G.Â
All measurements made with an integrating sound-level meter shall
be made with the meter set to the "fast" response time.
H.Â
For continuous noise sources, the averaging period for LAeq is to
be 10 minutes. For intermittent noise sources of less than 10 minutes'
duration, the averaging time for LAeq is to be set to the duration
of the noise source being measured.
I.Â
In the event of a noise source in a public space or a place of public
accommodation (as defined by the ADA Act, Title III) and within all
property lines, a noise disturbance occurs when the maximum noise
level (LAmax) exceeds the ambient noise level by 5 dBA or more when
measured at 50 feet from the source.
This chapter shall not be construed to prevent the following:
A.Â
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.Â
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.Â
Sounds resulting from the repair or replacement of any municipal
utility installation.
D.Â
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.Â
Sounds emanating from ordinary agricultural operations.
F.Â
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.Â
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.Â
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.
A.Â
Any Township Code Enforcement Officer may issue a notice requiring
the immediate abatement of any noise disturbance in violation of this
chapter. The owner or operator of the subject property or equipment
shall be notified of the violation upon hand delivery or certified
mail delivery of the notice, which shall specify the nature, date
and time of the Code violation and shall set forth the date and time
by which the violation must be abated, which date and time shall not
be more than 24 hours from the time of notification. If a person or
entity does not comply with the abatement notice upon its issuance
within the time specified in the notice, a summary citation may be
issued for such violation.
B.Â
In order to implement the purpose of this chapter, a Township Code
Enforcement Officer may:
(1)Â
Conduct, or cause to be conducted, measurements, studies, research
and monitoring related to noise.
(2)Â
For reasonable cause, and upon presentation of proper credentials,
enter upon any property and inspect any noise source for the purpose
of ascertaining compliance or noncompliance with this chapter.
C.Â
The measurement of sound or noise under this section shall be made
with an integrating sound-level meter meeting the standards prescribed
by the American National Standards Institute for a Type I or Type
II meter. The instrument shall be maintained in calibration and good
working order. A check for calibration of the system shall be made
at the time of any noise measurement. Measurements shall be recorded
so as to provide a proper representation of the noise source. The
microphone, during measurement, shall be positioned so as not to create
any amplification or attenuation of the measured noise. A windscreen
for the microphone should be used for all outdoor measurements. Traffic,
aircraft and other transportation noise sources and other background
noises shall not be considered in taking measurements, except where
such background noise interferes with the primary noise being measured.
The noise measurements are to be made using an integrating sound-level
meter using the fast response setting at the property boundary line
of the property on which such noise is generated or received as appropriate.
The microphone is to be located at least three feet above the ground
and at least five feet from any structure that reflects sound. In
case of an elevated or directional sound or noise source, compliance
is to be maintained at any elevation at the boundary.
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.
