This chapter shall be known as, and may be cited as, the "Franklin
Township Noise Nuisances Ordinance."
For the purposes of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
CONSTRUCTION OPERATIONS
The erection, repair, renovation, demolition or removal of
any building, facility, equipment, machinery or structure and the
excavation, filling, grading and regulation of lots in connection
therewith.
EMERGENCY
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage.
EMERGENCY WORK
Any work performed for the purpose of preventing or alleviating
the physical trauma or property damage threatened or caused by an
emergency.
MOTOR VEHICLE
A vehicle which is self-propelled, except an electric personal
assistive mobility device or a vehicle which is propelled solely by
human power.
MOTORCYCLE
A motor vehicle having a seat or saddle for the use of the
rider and designed to travel on not more than three wheels in contact
with the ground.
NOISE
Any sound emitted by a person, animal, or noise-creating
device.
NOISE DISTURBANCE
In addition to the specific noise disturbance set forth in
this chapter, any sound that endangers the safety or health of any
person, disturbs a reasonable person of normal sensitivities, or endangers
personal or real property.
NOISE-CREATING DEVICE
Any electrical, mechanical, or chemical device or instrument,
or combination thereof, that creates noise during its operation by
a person.
PERSON
Any individual, partnership, limited partnership, limited
liability partnership, limited liability company, association, firm,
corporation, or any other legally recognized entity. Whenever used
in any provision prescribing and imposing a penalty, "person" includes
the individual members, partners, officers and managers of any legally
recognized entity.
POLICE
The Pennsylvania State Police, or any properly authorized
member or officer thereof in any other law enforcement agency having
jurisdiction within the Township of Franklin.
POWERED MODEL VEHICLE
Any self-propelled airborne, waterborne or landborne plane,
vessel or vehicle which is not designed to carry persons, including
but not limited to any model airplane, boat, car or rocket.
PROPERTY LINE (BOUNDARY)
An 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 separate 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. As used herein, the property line includes all
points on a plane formed by projecting the property line in a manner
deemed appropriate by the enforcing police.
PUBLIC
Affecting or likely to affect persons in a place to which
the public or substantial group has access.
PUBLIC RIGHT-OF-WAY
Any street, alley, sidewalk or similar place which is either
owned or controlled by the Township of Franklin for the benefit and
use of the public.
PUBLIC SPACE
Any real property or structure thereon which is either owned
or controlled by the Township of Franklin for the benefit and use
of the public.
REAL PROPERTY
All land, whether publicly or privately owned, whether improved
or not improved, with or without structures, exclusive of any areas
devoted to public rights-of-way.
SOUND
An auditory sensation evoked by the oscillation of air pressure.
TAMPERING
The removal or rendering inoperative by any person, other
than for purposes of maintenance, repair or replacement, of any muffler
or sound-dissipative device or element of design of any motor vehicle
or motorcycle.
TOWNSHIP
The Township of Franklin, Adams County, Pennsylvania.
TRUCK
A motor vehicle designed primarily for the transportation
of property.
UNREASONABLE NOISE
In residential districts, it shall be considered an unreasonable
noise and a public nuisance if, between the hours of 9:00 p.m. of
one day and 6:00 a.m. the following day, regardless of the sound level
which is emitted, for any person to engage in the following conduct:
A.
Play or permit the operation of the playing of any radio, television,
drum, musical instrument, music player, sound amplifier, phonograph
or similar device which produces, reproduces or amplifies sound in
such a manner as to be plainly audible across a property line or from
within another dwelling unit.
B.
Rebuild, test, operate on other than a public road, or otherwise
work on any motorcycle, motor vehicle, motor boat or aircraft in such
a manner as to be plainly audible across a property line.
C.
To yell, shout, whistle, sing or otherwise create noise across
property lines that disturbs the quiet, comfort or repose of persons
in any dwelling, hotel, or other type of residence.
VEHICLE
Every device in, upon or by which any person or property
is or may be transported or drawn upon a highway, except devices used
exclusively upon rails or tracks. The term does not include a self-propelled
wheelchair or an electrical mobility device operated by and designed
for the exclusive use of a person with a mobility-related disability.
VEHICLE CODE
The Vehicle Code of the Commonwealth of Pennsylvania (75
Pa.C.S.A. § 101 et seq.), as is hereafter amended, supplemented,
modified, or reenacted by the General Assembly of the Commonwealth
of Pennsylvania.
The following activities shall be exempt from the provisions
of this chapter:
A. Noise as safety signals, warning devices, emergency pressure relief
valves or other sound needed to alert people about an emergency.
B. Noise resulting from emergency work.
C. Noise resulting from permitted public festivals, celebrations, or
other lawfully authorized public gatherings.
D. Noise resulting from any athletic, recreational, or other such outdoor
activity on fields and sites specifically set aside for such purposes.
E. The provision, repair and maintenance of municipal services or public
utilities.
F. The sounding of bells, chimes and carillons used for religious purposes
or in conjunction with national celebrations or public holidays.
G. The operation of snow removal equipment.
H. The operation of air conditioners, fans, heating units and similar
comfort devices.
I. The operation of airplanes, helicopters and normal activities of
properly licensed airports; trains operating on railroads.
J. The operation of all motor vehicles being operated on public roads.
K. All farm related operations and activities.
L. Any lawfully existing or licensed business, commercial or industrial
operation.
M. Public gatherings, performances and the like for which a special
event permit has been obtained from the Township in accordance with
the Township's Special Event Ordinance.
N. Events. Events such as but not limited to concerts, block parties,
carnivals, festivals, fireworks, or other performances or similar
activities publicly or privately sponsored and presented in any public
or private space outdoors, provided that such activities do not occur
between the hours of 11:00 p.m. and 6:00 a.m.
O. School and Public Activities. Sounds resulting from organized school-related
programs, activities, athletic and entertainment events or other public
programs, activities or events, provided that such programs, activities
or events do not occur between the hours of 11:00 p.m. and 6:00 a.m.
It shall not be necessary to establish that any occurrence has
lasted for a specific period of time in order to find the violation
of this section. If the offending noise emanates from private property,
it shall be conclusively presumed that the occupant of the property
authorized and/or permitted and participated in the violation.
Upon written application to the Township not less than 30 days
in advance, a temporary waiver from strict compliance with the noise
standards specified herein may be granted to persons for reasonable
cause, as determined by the Board of Supervisors.
Provisions of this chapter may be enforced by any peace officer.
Enforcement may also be by any person who, after prior notice is given
as required, shall, as an affiant, institute a private criminal proceeding
by filing a complaint with the District Magistrate as provided by
law.
If any section, subsection, sentence, clause, phrase or portion
of this chapter is for any reason held to be invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall
not affect the validity of the remaining portions thereof.
This chapter shall take effect five days after its enactment.