This chapter shall apply to the control of all sound originating
within the limits of West Nantmeal Township.
As used in this chapter, the following terms shall have the
meanings indicated herein. All terminology used in this chapter and
not defined below shall be in conformance with applicable publications
of the American National Standards Institute (ANSI) or its successor
body.
AGRICULTURAL OPERATIONS
An enterprise that is actively engaged in the production
and preparation of crops, livestock and livestock products and in
the production, harvesting, and preparation of agricultural, agronomic,
horticultural, silvicultural and aquacultural crops and commodities.
ALL-TERRAIN VEHICLE (ATV)
Any motor vehicle designed for off-highway use by one operator
with no passengers, having a seat or saddle designed to be straddled
by the operator and handlebars for steering control.
AMBIENT NOISE LEVEL
The composite or normal or existing sound from all sources
measured at a given location for a specific time of the day or night.
A-WEIGHTED SOUND PRESSURE LEVEL
The sound pressure level as measured on a sound level meter
using the A-weighting network. The level so read shall be designated
"dB(A)" or "dBA."
CONSTRUCTION
Any site preparation, assembly, erection, repair, alteration
or similar action, including demolition of buildings or structures.
CONTIGUOUS LAND USE
Any land use bordering or abutting, whether divided by real
property boundary or by real property boundary and public street.
CONTINUOUS NOISE
A steady, fluctuating or impact noise which exists essentially
without interruption for a period of one hour or more.
CYCLICALLY VARYING NOISE
Steady, fluctuating or impulsive noise which may or may not
contain a pure tone and which varies in sound pressure level such
that the same level is obtained repetitively at reasonably uniform
intervals of time.
DECIBEL
A logarithmic (dimensionless) unit of measure often used
in describing the amplitude of sound. Decibel is denoted "dB."
DEMOLITION
Any dismantling, destruction, or removal of buildings, structures
or roadways.
EMERGENCY
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage which demands immediate
action.
EQUIVALENT NOISE LEVEL (Leq)
The level of a steady sound which, in a stated time period
and at a stated location, has the same A-weighted sound energy as
the time-varying sound.
FLUCTUATING NOISE
When the sound pressure level of a fluctuating noise varies
more than 6 dBA during the period of observation when measured with
the slow-meter characteristic of a sound level meter, and does not
equal the previously existing ambient noise level more than once during
the period of observation.
IMPULSIVE SOUND
A noise characterized by brief excursions of sound pressure
whose peak levels exceed the ambience by 10 dB. The duration of a
single impulse is usually less than one second and requires the use
of a sound level meter specially adapted for its measurement. Examples
of impulsive sound include but are not limited to gunshots, blasting
and hammering.
LAND USE
The actual real use of land and buildings thereon situated
regardless of the zoning or other classification attributed to such
land and buildings.
MOTOR VEHICLE
A vehicle which is self-propelled, except for one which is
propelled solely by human power or by electric power obtained from
overhead trolley wires.
NOISE
Any sound which annoys or disturbs humans or which causes
or tends to cause an adverse psychological or physiological effect
on humans or which endangers personal or real property.
NOISE DISTURBANCE
Any noise which:
A.
Endangers or injures the safety or health of humans or animals;
B.
Annoys or disturbs a reasonable person of ordinary sensibilities;
C.
Endangers or injures personal or real property;
E.
Creates a public nuisance.
PLAINLY AUDIBLE NOISE
Any noise for which the information content of that noise
is unambiguously communicated to the listener, such as, but not limited
to, understandable spoken speech or comprehensible musical rhythms.
POWERED MODEL VEHICLES
Any powered vehicles, either airborne, waterborne, or landborne,
which are designed not to carry persons or property and which can
be propelled by mechanical means, such as but not limited to model
airplanes, boats, cars and rockets.
PROPERTY BOUNDARY
An imaginary line at the ground surface, and its vertical
extension, which separates the real property owned by one person from
that owned by another person.
PURE TONE
Any sound which can be distinctly heard as a single pitch
or a set of single pitches. For the purposes of this chapter, a pure
tone shall exist if the 1/3 octave band sound pressure level in the
band with the tone exceeds the arithmetic average of the sound pressure
levels of the two contiguous 1/3 octave bands by 5 dB for center frequencies
of 500 Hz and above, by 8 dB for center frequencies between 160 Hz
and 400 Hz and by 15 dB for center frequencies less than or equal
to 125 Hz.
RECREATIONAL OFF-ROAD VEHICLES
Motor vehicles which are used for the purpose of recreation
off of the public right-of-way, such as, but not limited to, ATVs,
motorized dirt bikes, road bikes, off-highway motorcycles, go-karts
and snowmobiles.
SOUND
An oscillation in pressure, particle displacement, particle
velocity or other physical parameter in a medium with internal forces
that causes compression and rarefaction of that medium. The description
of sound may include any characteristic of such sound, including duration,
intensity and frequency.
SOUND DISSIPATIVE DEVICE
A noise control device intended to abate or lessen the noise
made by vehicles, equipment or machinery.
SOUND LEVEL
The weighted sound pressure level 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 S1.4-1971, or the latest approved revision
thereof). If the frequency weighting employed is not indicated, the
A-weighting shall apply.
SOUND LEVEL METER
An instrument which includes a microphone, amplifier, RMS
detector, integrator or time averager, output meter and weighting
networks used to measure sound pressure levels. The sound level meter
used for testing purposes in accordance with this chapter shall meet
the current American National Standard Institute specifications.
STATIONARY NOISE SOURCE
Any device, fixed or movable, which is located or used on
geographically defined real property other than a public right- of-way.
The Board of Supervisors may delegate to the Township Codes
Enforcement Officer or to the Police Department which patrols the
Township (the "police") the power to administer the terms of this
chapter, to investigate complaints and prosecute violations of this
chapter. When enforcing the terms of this chapter, the Codes Enforcement
Officer or police may engage consultants and engineers with experience
in measuring sound levels with the use of sound level meters from
a list approved by the Board of Supervisors. Such consultants shall
have the powers and authority as delegated by the Codes Enforcement
Officer or police and shall act as the Township' s agent for
the administration and enforcement of this chapter.
The following noises are exempted from the provisions set forth in §
128-4 of this chapter:
A. Blasting, only if performed in accordance with a permit issued by
the Pennsylvania Department of Environmental Protection, the Township
Code Official or any other governmental agency having jurisdiction.
Such blasting may occur only between the hours of 7:00 a.m. and 5:00
p.m., Monday through Friday, unless specifically authorized at different
times by the DEP permit.
B. Alarms or other devices used for the purpose of alerting people to
the existence of an actual emergency or devices such as a horn or
siren installed in a motor vehicle and used to warn persons of an
imminent danger.
C. Emergency work to provide electricity, water or other public utilities
or restore essential public services, including construction activities
directly related to the abatement of an emergency.
D. Authorized emergency vehicles responding to an emergency.
E. A snow plow in operation.
F. Work or activities performed or sponsored by schools and governmental
agencies or their contractors in the performance of public service.
G. Noises made by bells, chimes, carillons used for religious purposes
or in conjunction with national celebrations or public holidays; existing
bells, chimes and carillons and clock strike mechanisms that are currently
in use for any purpose.
H. Motor vehicle operations shall not exceed the noise levels established
in Chapter 157, Established Sound Levels, of Title 67 of the Pennsylvania
Code of Regulations, Subchapter B, Noise Limits.
I. Construction and demolition shall be exempt from the sound level limits in §
128-4B; provided, however, that all construction and demolition activity, excluding emergency work, shall be performed between the hours of 7:00 a.m. until 8:00 p.m. on weekdays and 9:00 a.m. until 6:00 p.m. on Saturdays and Sundays, unless such activities meet the sound level limits in §
128-4B.
J. Domestic power tools, including but not limited to lawn mowers, garden
equipment, snow removal equipment, power saws, sanders and other equipment
used for building repair or maintenance, between the hours of 7:00
a.m. and 10:00 p.m.
In order to regulate the noise emanating from the operation of recreational off-road vehicles (as defined in §
128-2 of this chapter) in the Township, the standards set forth in this §
128-7 shall apply. The regulations in this §
128-7 shall be in addition to the other noise standards set forth in §
128-4 of this chapter.
A. Recreational off-road vehicles may only be used in an area that is
more than 50 feet from the property line.
B. All recreational off-road vehicles must have in good working condition
and in constant use a muffler or other sound dissipative device that
meets or exceeds the manufacturer's specifications.
C. Recreational off-road vehicles may only be used between the hours
of 10:00 a.m. until dusk.
D. The sound intensity produced by a recreational off-road vehicle which
is accelerated at Y2 throttle may not exceed 96 dBA when measured
by a calibrated sound level meter at a distance of 20 inches from
the exhaust outlet at an angle of 45 degrees.
E. Recreational off-road vehicles may only be operated on private property
with the consent of the property owner.
F. Recreational off-road vehicles may not be operated on property owned
by the Township.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits the violation of any provision
of this chapter shall, upon conviction thereof 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 subject to the payment of a fine of not more than $1,000, plus
the costs of prosecution. In default of payment thereof, the defendant
may be sentenced to imprisonment in the county prison for a term of
not more than 90 days. Each section of this chapter violated shall
constitute a separate offense, and each day or portion thereof in
which a violation of this chapter is found to exist shall constitute
a separate offense, each of which violations shall be punishable by
a separate fine imposed by the Magisterial District Judge of not more
than $1,000, plus the costs of prosecution, or, upon default of payment
thereof, the defendant may be sentenced to imprisonment in the county
prison for a term of not more than 90 days.