This chapter shall be known as the "Liberty Township Noise Ordinance."
[HISTORY: Adopted by the Board of Supervisors of the Township of Liberty 8-1-2000 by Ord. No. 2000-01. Amendments noted where applicable.]
The purpose of this chapter is to ensure that public health, safety and welfare shall not be abridged by the making of noise pollution or of public nuisances from excessive or unnecessarily offensive noises in the Township. This chapter and the provisions of it are intended to protect the physical, mental and social well-being of the residents of the Township, in recognition of the fact that uncontrolled noise represents a danger to the health and welfare of the residents and other members of the community.
The following words and phrases, when used in this chapter, shall have the meanings given to them in this section, unless the context clearly indicates otherwise.
The time period beginning at 7:00 a.m. to 9:00 p.m., prevailing time.
A unit of sound level which is a division of a logarithmic scale used to express the ratio of sound pressure of the source to the pressure of an arbitrarily chosen reference pressure, where the ration is expressed on the decibel scale by multiplying its base 10 logarithm by 20.
The time period beginning at 9:00 p.m. to 7:00 a.m., prevailing time.
Any sound emitted or caused to be emitted by a person, animal, appliance, equipment, instrument, or other device.
Airborne sound levels expressed in decibels (dBs).
An individual, firm, association, organization, partnership, trust, company, corporation, or other entity.
Noise level.
The Township of Liberty, Adams County, Pennsylvania.
Any device, or combination of devices, used for or capable of being used for transporting persons or property. "Vehicle" includes, but is not limited to, automobiles; trucks; buses; motorcycles; motorized bicycles; snowmobiles; scooters; all-terrain vehicles; go-carts; racers; self-propelled or movable farm machinery; self-propelled or movable industrial machinery; and any other device within the definition of "vehicle" as provided in the Pennsylvania Vehicle Code, 75 Pa.C.S.A. § 101 et seq., as amended.
No person shall create or allow the creation of any noise or operate or cause to be operated any source of sound on any public road or on any property owned, leased, occupied, or controlled by such person, which noise causes the sound level when measured at or within the boundary or boundaries of any other lot, parcel, tract or property to exceed the levels specified herein: 70 dB during daytime; 60 dB during nighttime; where the measurement of the sound level or noise level is not less than the response time of the sound level meter being employed.
Noise emitted from the following sources shall be exempt from the noise standards specified herein:
A.
All safety signals and warning devices (for example, burglar alarms, truck reverse gear warning tones, septic tank overflow alarms);
B.
All emergency vehicles when responding to or from an emergency, or as part of an authorized and organized practice or drill, or during an authorized parade;
C.
The conduct of municipal repairs and services and utility repairs;
D.
Bells, chimes and carillons used for religious purposes or in conjunction with regional or national celebrations or public holidays;
E.
Appliances, lawn and garden equipment, chain saws, snow removal equipment, and power tools in use during daytime, provided that all such items are operated within the manufacturer's specifications and equipped with all noise reduction equipment designed by the manufacturer and in proper condition;
F.
Heavy construction equipment when used on defined, temporary projects (such as building construction or remodeling, road construction, well drilling, building demolition) during daytime, provided that all such items are operated within the manufacturer's specifications and equipped with all noise reduction equipment designed by the manufacturer and in proper condition;
G.
Air conditioners, fans, heating units, and other heating/ventilating/air-conditioning equipment and devices, provided that all such items are operated within the manufacturer's specifications and equipped with all noise reduction equipment designed by the manufacturer and in proper condition;
H.
Aircraft and normal airport operations;
I.
Music festivals, recreational events, fairs, carnivals, outdoor expositions and similar events when sponsored by a school district or unit of local government, or when sponsored by a community organization or nonprofit entity which has obtained a permit or permission from the Township for such event;
J.
The operation, during daytime, of firing and shooting ranges which were in existence prior to the adoption of this chapter;
K.
Motor vehicles which have been inspected pursuant to the Pennsylvania Vehicle Code, provided that all such vehicles are operated within the manufacturer's specifications and equipped with all noise reduction equipment designed by the manufacturer and in proper condition;
L.
All farm-related activities and operations; and
M.
All business, commercial or industrial operations conducted in accordance with Chapter 350, Zoning, and conducted during daytime, provided that all fixtures and equipment employed in such operations are operated within the manufacturer's specifications and equipped with all noise reduction equipment designed by the manufacturer and in proper condition;
This chapter may be enforced on behalf of the Township by any police officer, by its Zoning Officer or Code Enforcement Officer, or by any other person so authorized by the Board of Supervisors of the Township.
A.
Warning. If, upon investigation based upon a complaint, it is determined that a violation has occurred resulting in noise or sound in excess of that permitted by this chapter, the enforcing officer shall for the first such violation issue a written warning to the person causing the violation or to the person allowing such a violation. No such violation shall be considered a first violation if a warning has been issued or a prosecution obtained within a period of six months immediately previous to the current violation.
B.
Application of penalties. If any investigation conducted after the issuance of a warning reveals a subsequent violation of this chapter, then the penalties provided for hereinafter may be pursued against the violator or the person allowing such violation.
C.
Nuisance; private enforcement. The violation of this chapter is declared to be a public nuisance and may be abated in accordance with law. Any person aggrieved by a violation of this chapter may pursue such remedies in the civil courts (at law or in equity) as are available to the aggrieved person against the offender.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense.
Any ordinance or part thereof which is inconsistent with this chapter is hereby repealed. If any provision of this chapter is determined, by a final order of a court with jurisdiction, to be invalid, the remainder of the chapter shall remain in full force and effect.