For the purposes of this chapter 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 plural include the singular; and
words in the singular include the plural. Any personal pronoun shall
be construed so as to mean either the masculine, feminine, or neuter
gender, as the context may require; and the word "shall" is always
mandatory and not merely precatory.
BACKGROUND SOUND LEVEL
The measured sound level in an area, exclusive of extraneous
sounds and he sound contributing of the specific source in question.
CONSTRUCTION
Any site preparation, assembly, erection, demolition, substantial
repair, maintenance, alteration, or similar action for or of public
or private rights-of-way, structures, utilities, or similar property.
DURATION
The length of time noise continues or exists.
IMPULSE SOUND
Includes sudden and sharp sounds or repetitive sounds that
have tendency to startle, disrupt, or annoy, and which may include
the elements of both sound and vibration. Nonexhaustive examples of
impulse sounds include explosions, air horns, nail guns, fireworks
and firecrackers, and hammering.
NOISE
Any unwanted sound or vibration that encroaches upon the
real property of another at any time-of-day. Noise may consist of
multiple factors. Noise factors may include, but are not limited to,
time- of-day or time-of-week; structure of the sound, e.g., impulse
sound and sounds defined in ISO 12001 standards; frequency of the
sound occurrence (how often); duration; relative sound level compared
to background sound level, e.g., "loudness"; the waveform frequency
of the sound, e.g., "high" or "low" pitch; and nature of the sound,
e.g., screaming or screeching.
NOISE DISTURBANCE
A.
In addition to the specific criteria in this chapter that constitute
noise disturbance, a prohibited, noise disturbance includes any noise
that may:
(1)
Endanger or injure the safety or health of humans or animals;
(2)
Annoy or disturb another person or premises;
(3)
Impair or degrade the rights of another person or property;
(4)
Disrupt, limit, or interfere with the peace of premises or with
activities of another person; or
(5)
Endanger or injure personal or real property.
B.
Noise that is plainly audible according to the distance standards contained herein or sound that may annoy, disturb, or interfere with basic living tasks with two or more persons constitutes a prima facie noise disturbance (See §
46-2B).
NUISANCE
The unreasonable, unwarrantable or unlawful use of public
or private property which causes injury, damage, hurt, inconvenience,
annoyance or discomfort to any person in the legitimate enjoyment
of his reasonable rights of person or property.
OWNER
A person owning, leasing, occupying or having charge of any
premises within the Township.
PERMIT
To suffer, allow, consent, or let; to give, leave or license;
to acquiesce by failure to prevent; or to expressly accept or agree,
to the doing of an act.
PERSON
Includes individual natural persons, firms, partnerships,
joint ventures, societies, associations, clubs, trustees, trusts,
corporations, companies or organizations of any kind; or any officers,
agents, employees, factors or any kind of personal representative
of any kind of the above, in any capacity, acting either for her/himself,
or for any other person, under either personal appointment or pursuant
to law.
PLAINLY AUDIBLE
Any noise that can be heard by a person of normal hearing.
Words, phrases, or specific noise signatures need not be discernible
or identifiable. Plainly audible does not implicate issues of subjective
"loudness" – the plainly audible standard simply determines
whether any noise can be heard regardless of the perceived "loudness."
Plainly audible observation alone is sufficient to support and prove
a noise disturbance.
PREMISES
Any building, structure, land, including yards, lots, courts,
owned or controlled by a person.
PROPERTY LINE
The real or imaginary line and its vertical extension which
separates real property owned or controlled by a person from contiguous
real property owned or controlled by another person and separates
real property from the public premises. Property lines may sometimes
be ambiguous or difficult to determine even by professionals. Thus,
the use of property line for purposes of this chapter refers to the
relative or apparent property delineations and survey-quality precision
is not required, intended, or desired.
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.
TOWNSHIP
The Township of Greene, Franklin County, Pennsylvania.
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.
Any person found guilty of a violation of this chapter in a
summary proceeding before a District Magistrate shall pay a fine not
to exceed $1,000 per violation per the Second Class Township Code
§ 1601(c.1)(2), together with the cost of prosecution, and,
in default of payment of said fine and costs of prosecution, shall
be imprisoned for not more than 90 days. 18 Pa.C.S.A. § 106.
Each day a violation continues, after notice, shall constitute a separate
offense.
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 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 hereof.
Any chapter provision inconsistent with the provisions of this
chapter, is hereby repealed to the extent of the conflict. Ordinance
2007-4 is hereby repealed in its entirety.
This chapter shall become effective five days after the adoption
hereof.