[HISTORY: Adopted by the Borough Council of the Borough of
Green Lane as indicated in article histories. Amendments noted where
applicable.]
[Adopted 9-9-2004 by Ord.
No. 2004-08]
A.Â
Title. This article shall be known and may be cited as the "Green
Lane Borough Noise Control Ordinance."
B.Â
Authority. This article is enacted pursuant to the Borough Code,
8 Pa.C.S.A. § 101 et seq. and more specifically, pursuant
to 8 Pa.C.S.A. § 1202.
C.Â
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.
D.Â
Scope. This article applies to all persons, property, animals, equipment,
appliances, instruments and other sound-emitting devices, as regulated
herein.
E.Â
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.
A.Â
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.
B.Â
ANSI
BOROUGH
DECIBEL (dB)
DISTRICT
MOTOR VEHICLE
NOISE
NOISE DISTURBANCE
(1)Â
(2)Â
(3)Â
(4)Â
(5)Â
PERSON
PROPERTY LINE
SOUND LEVEL
SOUND LEVEL METER
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."
American National Standards Institute, Inc., or its successor.
The Borough of Green Lane, Montgomery County, Pennsylvania.
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.
The zoning districts as set forth on the Zoning Map of Green
Lane Borough, as amended from time to time.
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.
Any sound emitted by a person, animal, appliance, equipment,
instrument, or other device.
Any noise which:
Endangers or injures the safety or health of humans or animals;
or
Annoys or disturbs a reasonable person of normal sensibilities;
or
Jeopardizes the value of property or erodes the integrity of
the environment; or
Is in excess of the allowable sound level established in this
article; or
Is in excess of the allowable sound level established in Chapter 415, Zoning, applicable to a particular district.
Includes an individual, firm, association, organization,
partnership, trust, company, corporation or any other similar entity.
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.
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.
An instrument or combination of instruments which meets or
exceeds the requirements for an ANSI Type SIA or Type S2A Sound Level
Meter.
A.Â
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.
B.Â
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)Â
Radios, television sets, phonographs, compact discs, CD-ROM, computer-generated
musical instruments, and similar devices, as follows:
(a)Â
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)Â
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)Â
Street sales. Selling anything by shouting or by outcry except by
permit.
(3)Â
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)Â
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)Â
With sound control devices which have been tampered with;
(b)Â
In violation of any regulation of the United States Environmental
Protection Agency or Pennsylvania Department of Environmental Protection;
or
(c)Â
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)Â
Explosives, firearms, or similar devices. The use or firing of explosives,
firearms, or similar devices which creates a noise disturbance.
(6)Â
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)Â
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)Â
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)Â
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:
Noise from the following sources shall be exempt from the noise
standards specified herein:
A.Â
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.
B.Â
The provision, repair and maintenance of municipal facilities, services
or public utilities.
C.Â
Bells, chimes and carillons used for religious purposes or in conjunction
with national celebrations or public holidays.
D.Â
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.
E.Â
Snow removal equipment, operated within the manufacturer's specification
and with all standard noise-reducing equipment in use, unmodified
and in proper operating condition.
F.Â
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.
G.Â
Airplanes, helicopters and normal activities of properly licensed
airports; trains operating on railroads.
H.Â
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.
I.Â
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.
J.Â
The lawful use of a motor vehicle horn.
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.
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.
This article shall in no other way affect, amend or modify the
ordinances of Green Lane Borough.