Borough of Green Lane, PA Noise

Purpose. This article aims to ensure that public health, safety and welfare shall not be abridged by the making and creating of public nuisances from disturbing, excessive or offensive noises in Green Lane Borough. The residents of Green Lane Borough 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 noise is minimized for the community good. This article attempts to foster mutual respect among residents and businesses and to establish a community position against noise pollution.

Scope. This article applies to all persons, property, animals, equipment, appliances, instruments and other sound-emitting devices, as regulated herein.

Relationship with other restrictions. The provisions of this article are not intended to interfere with, abrogate or annul other rules, regulations or ordinances, including Title 18 (Crimes Code) and Title 75 (Vehicle Code), Pennsylvania Consolidated Statutes. If more stringent requirements concerning noise abatement are contained in the other rules, regulations or ordinances, the more stringent regulation shall apply.

§ 251-2 Definitions.

The following words and phrases, when used in this article, shall have, unless the context clearly indicates otherwise, the meanings given to them in this section. All acoustical terminology shall be interpreted in accordance with that contained in ANSI SI.I, "Acoustical Terminology." All other words and terms not defined herein shall be used with a meaning of standard usage.

Words used in the present tense include the future tense; the singular number includes the plural and the plural number includes the singular; words of masculine gender include feminine gender and words of feminine gender include masculine gender; the word "includes" or "including" shall not limit the term to the specific example, but is intended to extend its meaning to all other instances of like kind and character; the words "shall" and "must" are mandatory; the words "may" and "should" are permissive; the words "used" or "occupied" include the words "intended, designed, maintained or arranged to be used or occupied."

ANSI

American National Standards Institute, Inc., or its successor.

BOROUGH

The Borough of Green Lane, Montgomery County, Pennsylvania.

DECIBEL (dB)

A unit of sound level which is a division of a logarithmic scale used to express the ratio of the sound pressure of the source to the pressure of an arbitrarily chosen reference pressure; the ratio is expressed on the decibel scale by multiplying its base 10 logarithm by 20.

DISTRICT

The zoning districts as set forth on the Zoning Map of Green Lane Borough, as amended from time to time.

MOTOR VEHICLE

A vehicle which is self-propelled, except one which is propelled solely by human power or by electric power obtained from overhead trolley wires, but not operated upon rails.

NOISE

Any sound emitted by a person, animal, appliance, equipment, instrument, or other device.

NOISE DISTURBANCE

Any noise which:

(1)

Endangers or injures the safety or health of humans or animals; or

(2)

Annoys or disturbs a reasonable person of normal sensibilities; or

(3)

Jeopardizes the value of property or erodes the integrity of the environment; or

(4)

Is in excess of the allowable sound level established in this article; or

(5)

Is in excess of the allowable sound level established in Chapter 415, Zoning, applicable to a particular district.

PERSON

Includes an individual, firm, association, organization, partnership, trust, company, corporation or any other similar entity.

PROPERTY LINE

An imaginary line drawn through the points 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 such buildings. All areas devoted to public rights-of-way shall be deemed to be across the property line. For the purpose of this definition, the property line includes all points on a plane formed by projecting the property line in a manner deemed appropriate by the enforcing Borough Code Enforcement Officer, Police Officer and other person designated by the Borough Council.

SOUND LEVEL

The sound pressure level (SPL) obtained by the use of a sound level meter and frequency weighting network, such as A, B, or C, as specified in American National Standards Institute specifications for sound level meters (ANSI SI 4-1971, or the latest approved revision thereof). The unit of measurement is the decibel. If the frequency weighting employed is not indicated, the A-weighting shall apply.

SOUND LEVEL METER

An instrument or combination of instruments which meets or exceeds the requirements for an ANSI Type SIA or Type S2A Sound Level Meter.

§ 251-3 Noises prohibited.

General prohibitions. It shall be unlawful for any person(s) to make or cause to be made, a "noise disturbance," as defined in § 251-2B of this article within the limits of the Borough of Green Lane, except as provided in this article. All such disturbances are declared to be public nuisances.

Specific prohibitions. Without limiting the generality of the foregoing, the following are specifically prohibited and are declared to be public nuisances, except as otherwise provided in this article.

(1)

Radios, television sets, phonographs, compact discs, CD-ROM, computer-generated musical instruments, and similar devices, as follows:

(a)

Operating or permitting the use of operation of any musical instrument, radio, television, phonographs, compact discs, CD-ROM, computer-generated musical instruments, loudspeaker, sound amplifier or other device for the production, reproduction or amplification of sound, in such a manner as to cause a noise disturbance.

(b)

Operating any such device between the hours of 9:00 p.m. and 7:00 a.m. the following day in such a manner as to be audible across a property line, or creating a noise disturbance 50 feet from such device when operated within a motor vehicle on a public right-of-way or in a public space.

(2)

Street sales. Selling anything by shouting or by outcry except by permit.

(3)

Loading operations. Loading, unloading, opening or otherwise handling boxes, crates, containers or similar objects between the hours of 9:00 p.m. and 7:00 a.m. the following day in such a manner as to create a noise disturbance within a residential district, except during an emergency.

(4)

Equipment and machinery. Operating or causing to be operated any equipment or machinery, including, without limitation, equipment and machinery used in commercial construction, repair, alteration or demolition work on buildings, structures, streets, alleys or appurtenances thereto, equipment and machinery used in quarrying operations, and equipment and machinery used for tree harvesting, forestry, or logging in the following manner:

(a)

With sound control devices which have been tampered with;

(b)

In violation of any regulation of the United States Environmental Protection Agency or Pennsylvania Department of Environmental Protection; or

(c)

Between the hours of 7:00 p.m. and 7:00 a.m. the following day on weekdays and between 7:00 p.m. on Saturday evenings and 9:00 a.m. on Sunday mornings, which creates a noise disturbance, unless otherwise exempted in this article, or by an act of the Borough or by law.

(5)

Explosives, firearms, or similar devices. The use or firing of explosives, firearms, or similar devices which creates a noise disturbance.

(6)

Yelling, shouting, whistling. Yelling, shouting, or whistling on public streets between the hours of 9:00 p.m. and 7:00 a.m. in such a manner as to create a noise disturbance.

(7)

Power equipment. Operating, or permitting to be operated, any power saw, sander, drill, grinder, garden equipment or tools of a similar nature outdoors in residential districts between the hours of 9:00 p.m. and 7:00 a.m. the following day, in such a manner as to create a noise disturbance.

(8)

Motor vehicles. Operating a motor vehicle between the hours of 9:00 p.m. and 7:00 a.m. the following day on a public right-of-way or in a public space in such a manner as to create a noise disturbance when measured from a distance of 50 feet or greater from the motor vehicle, or operating a motor vehicle between the hours of 9:00 p.m. and 7:00 a.m. the following day on private property in such a manner as to create a noise disturbance.

(9)

No person(s) shall create or permit to be created noise which exceeds the following sound level when measured at or beyond the property line of the noise source except as otherwise provided in this article:

(a)

60 decibels [dB(A)] between the hours of 9:00 p.m. and 7:00 a.m. the following day; and

(b)

70 decibels [dB(A)] between the hours of 7:00 a.m. and 9:00 p.m.

§ 251-4 Exemptions.

Noise from the following sources shall be exempt from the noise standards specified herein:

All safety signals and warning devices (e.g., stationary emergency signal devices, intrusion alarms, backup alarms on trucks, police/fire/ambulance sirens) or any other device used to alert persons to an emergency or used during the conduct of emergency work.

The provision, repair and maintenance of municipal facilities, services or public utilities.

Bells, chimes and carillons used for religious purposes or in conjunction with national celebrations or public holidays.

Appliances, lawn and garden equipment or household power tools in use between the hours of 7:00 a.m. and 9:00 p.m., provided such are operated within the manufacturer's specifications and with all standard noise-reducing equipment in use, unmodified and in proper operating condition.

Snow removal equipment, operated within the manufacturer's specification and with all standard noise-reducing equipment in use, unmodified and in proper operating condition.

Air conditioners, fans, heating units and similar devices, provided such are operated within the manufacturer's specifications when all reasonable measures have been taken to reduce noise levels as required and approved by the Borough Code Enforcement Officer.

Airplanes, helicopters and normal activities of properly licensed airports; trains operating on railroads.

Musical, recreational and athletic events conducted by schools or a local government, including such outdoor practices as may be necessary in preparation for such events.

Activities permitted by special waiver, as provided herein, and activities conducted in accordance with special activity permits for use of public property or the public rights-of-way, approved by the Borough Council.

The lawful use of a motor vehicle horn.

§ 251-5 Administration.

The provisions of this article shall be enforced by the Borough Code Enforcement Officer, Police Officers and other person(s) designated by the Borough Council.

§ 251-6 Special waivers.

A temporary waiver from strict compliance with the noise standards specified herein may be granted to persons for emergencies, as determined by the Borough Code Enforcement Officer and other person(s) designated by the Borough Council, to protect health and safety or to comply with other lawful rules, regulations and ordinances.

§ 251-7 Ratification.

This article shall in no other way affect, amend or modify the ordinances of Green Lane Borough.