[Ord. 170, 4/17/2003]
1. 
Title. An Ordinance known as the "East Vincent Township Noise Ordinance."
2. 
Authority. This Part is enacted pursuant to the Second Class Township Code, 53 P.S. § 65101 et seq.
3. 
Purpose. The purpose of this Part is to ensure that the public health, safety and welfare shall not be abridged by the making and creating of noise pollution or of public nuisances from disturbing, excessive or offensive noises in the Township. The residents of the Township 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 impulsive and amplified noise is minimized for the community good. It is the purpose and scope of this Part to provide regulations defining the maximum sound levels that vehicles, appliances and equipment shall be allowed to produce at specified distances from these devices, and also to provide for the prohibition of other kinds of offensive noises. These regulations and prohibitions are intended to protect the physical, mental and social well being of the residents of East Vincent Township.
[Ord. 170, 4/16/2003, § I]
The following terms, phrases, words, and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, words in the singular number include the plural number, and pronoun references with respect to gender shall refer to all appropriate genders. The word "shall" is always mandatory and not merely directory:
AUDIBLE
Any sound, including bass reverberations, whether or not words are discernible, capable of being heard by the unaided human ear at a distance of 50 feet or more.
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.
PERSON
Any person, owner, tenant, firm, partnership, association, club, society, corporation, company, or other form of organization of any kind.
SOUND AMPLIFICATION SYSTEM
Any radio, stereo, audio cassette tape player, compact disc player, loud speaker or other machine or device or combination thereof used for amplification of sound.
TOWNSHIP
East Vincent Township, Chester County, Pennsylvania.
[Ord. 170, 4/16/2003, § II]
1. 
It shall be unlawful for any person to make, continue or cause to be made or continue any unreasonably loud noise which annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others within the Township. The following acts, among others, are hereby declared to be unreasonably loud, disturbing and unnecessary noises in violation of this Part, but such enumeration shall not be deemed to be exclusive:
A. 
Horns, Signaling Devices, etc. The sounding of any horn or signaling device on any truck, automobile, motorcycle, or other vehicle on any street, way, avenue, alley or other public place in East Vincent Township, except as a danger warning; the creation by means of any such signaling device of any unreasonable loud or harsh sound; the sounding of any such device for any unnecessary or unreasonable length of time; the use of any signaling device, the use of any horn, whistle or other device operated by engine exhaust; and the use of such signaling device when traffic is for any reason held up or to attract the attention of others.
B. 
The Use of Stereos, Bass Amplifiers, Radios, and Musical Instruments, etc. The playing, using, operating or permitting to be played, used or operated any radio, stereo, audio cassette tape player, compact disk player, television, bass amplifier, musical instrument, phonograph or other machine or device for the producing or reproducing of sound in such a manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for person or persons who are in the room, vehicle, chamber or immediate vicinity, i.e., less than 50 feet from which such machine or device is operated and who are voluntary listeners thereto. The operation of any such radio, stereo, television, instrument, player, amplifier, machine or device at any time in such a manner as to be plainly audible at a distance of 50 feet or more shall be a prima facie evidence of a violation.
C. 
Sound Amplification Systems in Motor Vehicles. The Board of Supervisors of East Vincent Township has determined that the use of loud sound amplification systems in motor vehicles is a safety hazard because the operator may not be able to hear emergency vehicles or warning signals or other traffic sounds, and such use of systems may distract a driver's attention. In addition, the use of loud sound amplification systems in motor vehicles is a safety hazard because operators of other nearby vehicles may not be able to hear emergency vehicles, warning signals or may be distracted by loud noises coming from such systems. Therefore, no person operating, occupying or otherwise in physical possession or control of a motor vehicle on a street, highway, alley, parking lot, or driveway shall operate or permit the operation of any sound amplification system in the vehicle so that the sound is audible at a distance of 50 feet or more from the location of the vehicle.
D. 
Yelling, Shouting, Hooting, Whistling and Singing. Yelling, shouting, hooting, whistling and singing or making any other verbal noises on the public streets or public areas or from private property at any time or place so as to annoy or disturb the quiet, comfort or repose of any person or persons in the vicinity. The making of noises as described in this section in such a manner as to be plainly audible at a distance of 50 feet from the public street, public area or private property in which said noises emanate shall be prima facie evidence of a violation.
E. 
Animals, Birds, etc. The keeping of any animal or bird which, by causing frequent or long-continued noise, which, although intermittent, is generally continuous and sustained over a period of 15 minutes or more, shall disturb the comfort and repose of any person or resident in the vicinity. If said noise is plainly audible at a distance of 50 feet from the public street, public area or private property from which the noise emanates the same shall be prima facie evidence of a violation. The said noise shall not be a violation if, at the time the animal or bird is making such noise, a person is trespassing or threatening to trespass upon private property upon which the animal or bird is situated. To the extent that the requirements of this Part are in conflict with the requirements of the Animal Control Ordinance, Ord. 107, 3/14/1987 [Chapter 2, Part 1], those imposing the highest standard shall govern.
F. 
Hourly Restrictions of Certain Operations. Any activity, as set forth below, performed outside of the hours prescribed will be considered a violation of this Part.
(1) 
Recreational Vehicles. No person shall, between the hours of 9:00 p.m. and 5:30 a.m. on any weekday, weekend or holiday, drive or operate any minibike or other recreational vehicle not licensed for travel on public highways.
(2) 
Domestic Power Equipment. No person shall operate a power lawn mower, power hedge clipper, chain saw, mulcher, garden tiller, edger, sander, drill, leaf blower, or other similar domestic power maintenance equipment, between the hours of 9:00 p.m. and 5:30 a.m. on any weekday, weekend or holiday. Snow removal equipment and emergency work are exempt from this provision.
(3) 
Trash Collection. No person shall collect or remove trash, garbage, refuse or recyclables in any residential district between the hours of 9:00 p.m. and 5:30 a.m. on any weekday, weekend or holiday.
(4) 
Construction Activities. No person shall engage in or permit construction activities involving the use of any kind of electric, diesel or gas powered machine or other power equipment between the hours of 9:00 p.m. and 5:30 a.m. on any weekday, weekend or holiday, except for emergency work.
G. 
Exemptions. The following activities are exempt from the application of this Part:
(1) 
Devices used solely for the purpose of warning, signaling, protecting or alerting the public or some segment thereof, of the existence of an emergency situation.
(2) 
Construction operations for which building permits have been issued, or construction operations not requiring permits due to ownership of the project by agency of government, provided that all equipment is operated in accordance with manufacturers' specifications and with all standard equipment, manufacturers' mufflers and noise-reducing equipment in use and in proper operating condition. Notwithstanding the foregoing, such operations shall be conducted between the hours of 5:30 a.m. and 9:00 p.m. on any weekday, weekend or holiday, except for emergency work. Any operation, as referenced above, performed outside of these hours will be considered a violation of this Part.
(3) 
Noises of emergency pressure relief valves and bells and chimes of churches or other places of worship.
(4) 
Noises resulting from any authorized emergency vehicle when responding to an emergency call or acting or operating within scope of the authority of its agency or as is necessary for the safety of the public in time of emergency.
(5) 
Operations by East Vincent Township departments, schools and government agencies or their contractors in the performance of public service or emergency work.
(6) 
Non-amplified sound emanating from parades, block parties, carnivals, municipally sponsored public events, and other public functions, provided that all required approvals and permits have been obtained from the Township.
(7) 
Non-amplified sound emanating from organized play or recreation, including but not limited to team practices, games and playground activities, provided that all required approvals and permits have been obtained from the Township.
(8) 
Amplification systems used in authorized public activities, such as parades, fireworks, sports events, musical productions, political events and other activities provided that all required approvals and permits have been obtained from the Township.
(9) 
Vehicle theft alarm systems.
(10) 
Emergency work to provide electricity, water or other public utilities or to restore essential public services, including construction activities directly related to the abatement of any emergency.
(11) 
Sounds which result from normal agricultural operations and uses.
[Ord. 170, 4/16/2003, § IV; as amended by Ord. 185, 8/2/2006]
1. 
Any person may apply to the Township for a permit for an exception from the requirements of this Part prior to doing acts prohibited hereunder. The applicant shall provide to the Township a certified list of property owners within 250 feet of the site(s) where the activity is to occur.
A. 
The applicant shall provide at least 10 days' prior written notice to each of the property owners appearing on said list of the meeting at which the application will be considered and acted upon by the Township.
B. 
The Township may, in its sole discretion, grant the permit provided that the activity is consistent with the public interest. If the permit is granted, the Township may impose reasonable conditions to it.
C. 
Permits shall specify the effective date of the permit, the time of day during which the activity may occur, the location where the sound may be created, any limitations on sound level or sound equipment, and any conditions imposed by the Township.
[Ord. 170, 4/16/2003, § V]
1. 
All complaints of violations of the terms of this Part shall be submitted to the East Vincent Township Police Department and must include a description of the location of the property, the nature of the violation, and the date and time of the violation.
2. 
It shall be the duty of the East Vincent Township Police Department to enforce this Part.
[Ord. 170, 4/16/2003, § VI; as amended by Ord. 185, 8/2/2006]
Any person, firm or corporation who shall violate any provision of this Part, upon conviction thereof in an action brought before a magisterial district judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part continues or each Section of this Part which shall be found to have been violated shall constitute a separate offense.
[Ord. 170, 4/16/2003, § VII]
The provisions of this Part shall be applicable to all residential zoning districts of the Township and to all other zoning districts for which the East Vincent Township Zoning Ordinance [Chapter 27] does not prescribe specific standards. Where the provisions of another ordinance explicitly impose requirements for zoning districts other than residential, whether greater or lesser than those set forth in this Part, the provisions of such ordinance shall prevail.