[HISTORY: Adopted by the Board of Supervisors of the Township of Upper Mount Bethel 2-12-1996 by Ord. No. 96-1. Amendments noted where applicable.]
The following words, terms and phrases when used in this chapter shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning. All terminology used in this chapter not defined below shall be in conformance with the applicable publications of the American National Standards Institute [ANSI S1.1, 1960 (R1971), and its revisions] or its successor body.
A-WEIGHTED SOUND LEVEL
The sound-pressure level in decibels as measured on a sound-level meter using the A-weighting network. The level so read is designated dB(A) and dB(c).
CONSTRUCTION OPERATION
The erection, repair, renovation, demolition, or removal of any building or structure, and the excavation, filling, grading and regulation of lots in connection therewith.
DECIBEL (dB)
A unit for measuring the sound-pressure level, equal to 20 times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure, which is 20 miscropascals (20 micronewtons per square meter).
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.
EXTRANEOUS SOUND
A sound which is neither part of the neighborhood ambient sound nor comes from the source under investigation.
FACILITY
Any building, structure, installation, equipment or site. An industrial facility is where industrial processes and manufacturing occur, including but not limited to mining and mineral extractions.
A. 
Commercial facility includes stores, offices, restaurants, warehouses and other similar nonmanufacturing activities. An institutional or governmental facility includes educational, health care, correctional, governmental and similar facilities.
IMPULSIVE SOUND
Sound of short duration, usually less than one second, with an abrupt onset and rapid decay. Examples of impulsive sound include explosions, pile drivers, punch presses, drop-forge impacts, and the discharge of firearms.
MOTOR VEHICLE
Any vehicle which is propelled or drawn on land by a motor, such as, but not limited to, passenger cars, trucks, truck-trailers, semitrailers, campers, go-carts, snowmobiles, amphibious crafts on land, dune buggies, racing vehicles, or motorcycles.
MUFFLER or SOUND DISSIPATIVE DEVICE
A device designed or used for abating the sound of escaping exhaust gases or sound from an engine or machinery system.
NEIGHBORHOOD AMBIENT SOUND LEVEL
That measured value which represents the summation of the sound from all of the discrete sources affecting a given site at a given time, exclusive of extraneous and transient sounds and the sound from the source of interest.
NOISE
Any sound which annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans.
NOISE DISTURBANCE
Any sound which:
A. 
Endangers or injures the safety or health of humans or animals; or
B. 
Annoys or disturbs a reasonable person of normal sensitivities; or
C. 
Endangers or injures personal property.
PERSON
Any individual, association, partnership, or corporation, and includes any officer, employee, department, agency, or instrumentality of a state or any political subdivision of a state. "Person" shall include the owner or operator of the noise disturbance source, the owner, tenant or manager of real property from which the noise disturbance emanates, and any other individual responsible for producing the noise disturbance or allowing said disturbance to occur.
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.
PUBLIC RIGHT-OF-WAY
Any street, avenue, boulevard, highway, sidewalk, alley or similar place which is owned or controlled by a governmental entity.
PUBLIC SPACE
Any real property or structures thereon which are owned or controlled by a governmental entity.
PURE TONE
A sound emitted at a single frequency.
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 right-of-way.
REAL PROPERTY BOUNDARY
Either: 1) the imaginary line, including its vertical extension that separates one parcel of real property from another; or 2) the vertical and horizontal boundaries of a dwelling unit that is one in a multidwelling unit building.
SOUND
A vibrational disturbance exciting hearing mechanisms transmitted in a predictable manner determined by the medium through which it propagates. To be audible the disturbance must fall within the frequency range of 20 Hz to 20,000 Hz.
SOUND LEVEL
The weighted sound-pressure level obtained by the use of a sound-level meter and frequency weighing 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 revision thereof). If the frequency weighing employed is not indicated, the A-weighing shall apply.
SOUND-LEVEL METER
An instrument used to measure sound level and conforms to Type 1 or Type 2 standards as specified by ANSI specification S1.4-1971.
SOUND PRESSURE
The instantaneous difference between the actual pressure and the average or barometric pressure at a given point in space, as produced by sound energy.
SOUND-PRESSURE LEVEL
The level of a sound measured in dB units with a sound-level meter which has a uniform ("flat") response over the band of frequencies measured.
TRANSIENT SOUND
A sound whose level does not remain constant during measurement.
VIBRATION
A oscillatory motion of solid bodies of deterministic or random nature described by displacement, velocity or acceleration with respect to a given reference point.
WEEKDAY
Any day, Monday through Friday, which is not a legal holiday.
A. 
The noise control program established by this chapter shall be administered by the Department of Police and Zoning Officer.
B. 
Powers and duties of the Zoning Officer. In order to implement and enforce this chapter for the general purpose of sound and vibration control, the Zoning Officer shall have, in addition to any other authority vested in it, the power to:
(1) 
Enter upon and inspect any private property or place, and inspect any equipment or operation of any report or records of such equipment or operation when such equipment or operation may be reasonably suspect of being the source of a noise disturbance or the cause of excessive vibration. Such entry and inspection may be accomplished at any reasonable time when granted permission by the owner, or by some other person with apparent authority to act for the owner. When permission is refused or cannot be obtained, a search warrant may be obtained from a court of competent jurisdiction upon showing or probable cause to believe that a violation of this chapter may exist. Such inspections may include administration of any necessary tests.
(2) 
Require the owner or operator of any commercial or industrial activity that may be reasonably suspect of being the source of a noise disturbance or the cause of excessive vibration to establish and maintain records (including time and duration) of equipment operations and other procedures.
(3) 
Require the owner or operator of any noise source(s) to cease operation of that source(s) for a period not to exceed 15 minutes so that the neighborhood residual sound level may be measured.
(4) 
Investigate suspected violations and seek compliance with and enforce § 193-3B.
C. 
Powers and duties of the Department of Police. In order to implement and enforce this chapter for the general purpose of sound and vibration control, the Department of Police shall have, in addition to any other power vested in it, the power to:
(1) 
Investigate suspected violations and seek compliance with and enforce § 193-3C.
A. 
Noise disturbance prohibited. No person shall make, continue, or cause to be made or continued, any noise disturbance. Noncommercial public speaking and public assembly activities shall be exempt from the operation of this section.
B. 
Enforcement. The Department of Police shall have primary responsibility for the enforcement of prohibited acts under § 193-3C.
C. 
Specific prohibitations. The following acts and the causing thereof are declared to be noise disturbances and therefore in violation of this chapter:
(1) 
Radios, tape players, television sets, musical instruments, electronic amplification equipment and similar devices. Operating, playing or permitting the operation or playing of any radio, television, phonograph, drum, musical instrument, sound amplifier, automobile radio, automobile stereo or high fidelity equipment or similar device which produces, reproduces or amplifies sound:
(a) 
At any time of the day in such a manner from any source as to create a noise disturbance across a real property boundary; or
(b) 
In such a manner as to create a noise disturbance across any real property boundary when operated in or on a motor vehicle on a public right-of-way or public space; or
(c) 
In such a manner as to create a noise disturbance to any person other than the operator of the device, when operated by any passenger on a common carrier; or
(d) 
At such a sound intensity that the sound is audible from a distance of 40 feet in any public area, street or sidewalk of the Township when the sound source is in any public area, street or sidewalk of the Township.
(2) 
Stationary nonemergency signaling devices. Sounding or permitting the sounding of any signal from any stationary bell, chime, siren, whistle, or similar device, intended primarily for nonemergency purposes, from any place, for more than one minute in any hourly period.
(3) 
Emergency signaling devices.
(a) 
The intentional sounding or permitting the sounding outdoors of any fire, burglar, or civil defense alarm, siren, whistle or similar stationary emergency signaling device, except for emergency purposes or for testing, as provided in Subsection C(3)(b)[1] and [2].
(b) 
Testing.
[1] 
Testing of a stationary emergency signaling device shall occur at the same time of the day each time such a test is performed, but not before 7:00 a.m. or after 10:00 p.m. Any such testing shall use only the minimum cycle test time. In no case shall such test time exceed 60 seconds.
[2] 
Testing of the complete emergency signaling system, including the functioning of the signaling device and the personnel response to the signaling device, shall not occur more than once in each calendar month. Such testing shall not occur before 8:00 a.m. or after 6:00 p.m. The time limit specified in Subsection C(3)(b)[1] shall not apply to such complete system testing.
(c) 
Sounding or permitting the sounding of any exterior burglar alarm or any motor vehicle burglar alarm unless such alarm is automatically terminated within six minutes of activation.
(4) 
Loudspeaker/public address system. Using or operating any loudspeaker, public address system, or similar device:
(a) 
Such that sound therefrom creates a noise disturbance across a real property boundary; or
(b) 
Between the hours of 10:00 p.m. and 7:00 a.m. the following day on a public right-of-way or public space.
(5) 
Street sales. Offering for sale or selling by shouting or outcry within any residential or commercial area of the Township, except between the hours of 7:00 a.m. and 10:00 p.m.
(6) 
Animals and birds. Owning, possessing, harboring or controlling any animal or bird which barks, bays, cries, squawks or makes any other noise continuously and/or incessantly for a period of 10 minutes or makes such noise intermittently for 1/2 hour or more to the disturbance of any person at any time of the day or night, regardless of whether the animal or bird is physically situated in or upon private property; provided, however, that at the time the animal or bird is making such noise no person is trespassing or threatening to trespass upon private property in or upon which the animal or bird is situated or for any other legitimate cause which teased or provoked the animal or bird.
(7) 
Loading and unloading. Loading, unloading, opening, closing, or other handling of boxes, crates, containers, building materials, or similar objects between the hours of 10:00 p.m. and 7:00 a.m. the following day in such a manner as to cause a noise disturbance across a residential real property boundary. This section shall not apply to municipal or utility services in or about the public right-of-way.
(8) 
Vehicle, motorboat, or aircraft repairs and testing. Repairing, rebuilding, or testing any motor vehicle, motorcycle, motorboat, or aircraft in such a manner as to cause a noise disturbance across a residential real property line.
(9) 
Domestic power tools. Operating or permitting the operation of any mechanically powered saw, drill, sander, grinder, lawn or garden tool, snowblower, or similar device used outdoors in residential areas between the hours of 10:00 p.m. and 7:00 a.m. the following day so as to cause a noise disturbance across a residential real property line.
(10) 
Explosives, firearms, and similar devices. The use of firing of explosives, firearms, or similar devices which create impulsive sound so as to cause a noise disturbance across a real property boundary or on a public right-of-way, without first obtaining a variance issued pursuant to § 193-4B.
(11) 
Powered model vehicles. Operating or permitting of powered model vehicles so as to create a noise disturbance across a residential real property boundary or in a public space between the hours of 10:00 p.m. and 7:00 a.m. the following day.
(12) 
Motor vehicle prohibitions.
(a) 
Exhaust system. Every motor vehicle shall be equipped with a muffler or other effective noise suppressing system in good working order and in constant operation and no muffler or exhaust system shall be equipment with a cutout, bypass or similar device so as to cause a noise disturbance.
(b) 
Standing motor vehicle. No person shall operate or permit the operation of any motor vehicle or any auxiliary equipment attached to such a vehicle for a period longer than 15 minutes in any hour while the vehicle is stationary for reasons other than traffic congestion on a public right-of-way of public space within 150 feet of a residential area.
(c) 
Motor vehicle horns and signaling devices. No person shall at any time sound the horn or other warning device of a vehicle except when absolutely necessary as a warning while actually driving such vehicle.
(d) 
Sound trucks. No person shall operate sound amplifying equipment mounted on or attached to any motor vehicle:
[1] 
Such that sound therefrom creates a noise disturbance across a real property boundary; or
[2] 
Between the hours of 10:00 p.m. and 7:00 a.m. the following day on a public right-of-way or public space.
D. 
The Zoning Officer and Police Department shall have primary responsibility for the enforcement of prohibited acts under § 193-3E.
E. 
Specific prohibitions. The following acts, and the causing thereof, are declared to be noise disturbances and therefor in violation of this chapter.
(1) 
Construction/operation of heavy machinery, operating or permitting the operation of any tools, equipment or heavy machinery used in construction, drilling, demolition work:
(a) 
Between the hours of 10:00 p.m. and 7:00 a.m. the following day on weekdays and Saturdays or holidays, such that the sound therefrom creates a noise disturbance across a residential real property boundary, except for emergency work.
(b) 
At any other time such that the sound level at or across a real property boundary exceeds 85 dB(A) unless a variance is obtained pursuant to § 193-4B.
(c) 
This section shall not apply to the use of domestic power tools subject to § 193-3C(9).
(2) 
Industrial, commercial, public service, or community service facility.
(a) 
No person shall cause, suffer, allow or permit sound from any industrial, commercial, public service or community service facility that, when measured at any residential property line, is in excess of any of the following:
[1] 
From 6:00 a.m. to 6:00 p.m.:
[a] 
Continuous airborne sound which has a sound level in excess of 65 dBA.
[b] 
Continuous airborne sound which has an octave band sound-pressure level in decibels which exceeds the values listed below in one or more octave bands:
Octave Band Center Frequency
(Hz)
Octave Band Sound-Pressure Level
(dB)
31.5
96
63
82
125
74
250
67
500
63
1,000
60
2,000
57
4,000
55
8,000
53
[c] 
Impulsive sound in air which has a peak sound-pressure level in excess of 80 decibels.
[2] 
From 10:00 p.m. to 7:00 a.m.:
[a] 
Continuous airborne sound which has a sound level in excess of 50 dBA.
[b] 
Continuous airborne sound which has an octave band sound-pressure level in decibels which exceeds the values listed below in one or more octave bands:
Octave Band Center Frequency
(Hz)
Octave Band Sound-Pressure Level
(dB)
31.5
86
63
71
125
61
250
53
500
48
1,000
45
2,000
42
4,000
40
8,000
38
[c] 
Impulsive sound in air which has a peak sound-pressure level in excess of 80 decibels.
(3) 
Places of public entertainment. Operating, playing, or permitting the operation of playing of any radio, television, phonograph, drum, musical instrument, sound amplifier or similar device which produces, reproduces, or amplifies sound within any place of public entertainment at a sound level greater than 90 dB(A) as read by the slow response on a sound-level meter at any point that is normally occupied by a customer, unless a conspicuous and legible sign is located outside such place near each public entrance stating "warning: sound levels within may cause permanent hearing impairment." All places of public entertainment shall also be required to comply with § 193-5A, B and C of this chapter unless a variance is obtained pursuant to § 193-4B.
(4) 
Concerts. Unless a variance is obtained pursuant to § 193-4B, band concerts, block parties, church carnivals, fairs or other similar activities publicly or privately sponsored and presented in any public or private space outdoors:
(a) 
Shall not produce sound 10 dB(A) in excess of the sound levels set forth in Table 1 of § 193-5A of this chapter; and
(b) 
Shall be limited to 10 occasions in a single location within a single calendar year.
(5) 
Vibration. Unless a variance is obtained pursuant to § 193-4B, operating or permitting the operation of any device that causes vibration which is above the vibration perception threshold of an individual at or beyond the property boundary of the source if on private property or at 50 feet from the source if the source is on a public space or public right-of-way. For the purpose of this section, "vibration perception threshold" means the minimum ground- or structure-borne vibrational motion necessary to cause a person of normal sensitivities to be aware of the vibration.
(6) 
Tampering. The following acts or the causing thereof are prohibited:
(a) 
The removal or rendering inoperative by any person other than for purposes of maintenance, repair or replacement of any noise control device or element of design or noise level of any product.
(b) 
The removing or rendering inaccurate or inoperative any sound monitoring instrument or device positioned by the Zoning Officer, provided such device or the immediate area is clearly labeled, in accordance with noise control regulations, to warn of the potential illegality.
(c) 
The use of a product which has had a noise control device or element of design or noise label removed or rendered inoperative, with knowledge that such action has occurred.
A. 
Exceptions. The provisions of this chapter shall not apply to:
(1) 
Emergencies. The emission of sound for the purpose of alerting persons to the existence of an emergency or from the performance of emergency work.
(2) 
Municipal and utility services. The emission of sound resulting from the repair or replacement of any municipal or utility installation(s) in or about the public right-of-way.
(3) 
Places of religious worship. The sounding or permitting the sounding of any stationary bell or chime used in conjunction with places of religious worship.
(4) 
Aircraft and airport operations. Normal aircraft and airport operations.
(5) 
Interstate railway locomotives and cars. The conduct of interstate railway transportation.
B. 
Variances.
(1) 
The Board of Supervisors shall have the authority consistent with this section to grant variances which may be requested.
(2) 
Any person seeking a variance pursuant to this section shall file an application with the Board of Supervisor. The application shall contain information which demonstrates that bringing the sources of sound or activity for which the special variance is sought into compliance with this chapter would constitute an unreasonable hardship on the applicant, on the community, or on other persons. (Notice of an application for a variance shall be published in a newspaper of general circulation at least once at least three days prior to any regularly scheduled Board meeting, or at least once one day prior to any special Board meeting.) Any individual who claims to be adversely affected by allowance of the special variance may file a statement with or appear personally before the Board. The Board shall hold public hearings to decide questions regarding applications for variances presented to it.
(3) 
In determining whether to grant or deny the application, the Board shall balance the hardship to the applicant, the community and other persons of not granting the variance against the adverse impact on the health, safety and welfare or persons affected, the adverse impact on property affected, any other adverse impacts of granting the variance and the ability of the applicant to apply best practical noise control measures. Applicants for variances and persons contesting special variances may be required to submit any information the Board may reasonably require. In granting or denying an application, the Board shall provide a copy of the decision and the reasons for denying or granting the variance.
(4) 
Variances shall be granted by notice to the applicant containing all necessary conditions, including a time limit on the permitted activity. The variance shall not become effective until all conditions are agreed to by the applicant. Noncompliance with any condition of the variance shall terminate it and subject the person holding it to those provisions of this chapter regulating the source of sound or activity for which the variance was granted. Variances may be granted for a period of one year. The person obtaining the variance may reapply for additional variance periods under terms set forth by the applicant and the Board.
C. 
Extension for time to comply:
(1) 
Any person seeking an extension in time in which to comply shall file an application with the Board. The application shall contain information which demonstrates that bringing the source of sound or activity for which the extension is sought into compliance with this chapter prior to the date requested in the application would constitute an unreasonable hardship on the applicant, on the community, or on other persons. (Notice of an application for an extension in time to comply shall be published in a newspaper of general circulation at least once at least three days prior to any regularly scheduled Board meeting, or at least once at least one day prior to any special Board meeting.) Any individual who claims to be adversely affected by allowance of the extension in time to comply may file a statement with or appear personally before the Board. The Board shall hold public hearings in order to decide questions regarding applications for extensions of time to comply.
(2) 
In determining whether to grant or deny the application, the Board shall balance the hardship to the applicant, the community, and other persons of not granting the extension in time to comply against the adverse impact on health, safety, and welfare of persons affected, the adverse impact on property affected and any other adverse impacts of granting the extension. Applicants for extension(s) in time to comply and persons contesting extension(s) may be required to submit any information the Board may reasonably require.
(3) 
Extension(s) in time to comply shall be granted to the applicant containing all necessary conditions, including a schedule for achieving compliance. The extension(s) in time to comply shall not become effective until all conditions are agreed to by the applicant. Noncompliance with any condition of the extension(s) shall terminate the extension(s) and subject the person holding it to those provisions of this chapter for which the extension(s) was granted.
(4) 
Application for extension of time limits specified in extension(s) in time to comply or for modification of other substantial conditions shall be treated like applications for initial variances under § 193-4B, except that the Board must find that the need for the extension or modification clearly outweighs any adverse impacts of granting the extension or modification.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
D. 
Appeals. Appeals of an adverse decision of the Board shall be made within 30 days of the Board's decision to the Court of Common Pleas of Northampton County. The decision of the Board shall remain in force until such time as a judicial order of a court of competent jurisdiction supersedes the decision of the Board.
A. 
Maximum permissible sound levels by receiving land use. Unless a variance is obtained pursuant to § 193-4B, no person shall operate or cause to be operated on public or private property any source of sound in such a manner as to create a sound level which exceeds the limits set forth in the receiving land use category in Table 1 when measured at or within the property boundary of the receiving land use. Any noise source that produces sound in excess of those levels shall constitute a noise disturbance.
Table 1. Permissible Maximum Sound Levels by Receiving Land Use
Sound Level Limit
dB(A)
Receiving Land Use
6:00 a.m. - 6:00 p.m.
6:00 p.m. - 6:00 a.m.
Residential
55
45
Parks and institutional and governmental
65
55
Institutional and governmental
65
55
Business
65
55
Industrial
65
60
B. 
Sound in excess of neighborhood ambient sound levels. In the event that the background sound levels in an area of suspected noise disturbance exceed the levels set forth in Table 1 above, that sound constitutes an intrusive noise source and shall constitute a noise disturbance.
C. 
Correction for character of sound. For any source of sound which emits a pure tone or impulsive sound, the maximum sound level limits set forth in § 193-5A shall be reduced 5 dB(A).
A. 
Penalties.
(1) 
Any person who violates or permits a violation of this chapter shall, upon conviction 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 punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(2) 
This chapter and the foregoing penalties shall not be construed to limit or deny the right of the Township or any person to such equitable or other remedies as may otherwise be available with or without process of law.
B. 
Notice of violation. In lieu of issuing a citation as provided in § 193-6C, the Department of Police may issue an order requiring abatement of any source or vibration alleged to be in violation of this chapter within a reasonable time period not to exceed 30 days.
C. 
Citation. Except where a person is acting in good faith to comply with a notice of violation issued pursuant to § 193-6B violation of any part of this chapter shall be cause for a citation to be issued by the Zoning Officer or the Department of Police.
D. 
Severability. If any person of this chapter is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, the remaining provisions of this chapter shall not be invalidated.
E. 
Immediate threats to the health and welfare.
(1) 
The Zoning Officer shall order an immediate halt to any sound which exposes any person, except those excluded pursuant to Subsection E(2) to continuous sound levels in excess of those shown in Table 2. If, following the issuance of such an order, the order is not obeyed, the Zoning Officer may apply to the appropriate court for an injunction to enforce the order or may undertake any and all lawful action to effect an immediate halt to continuous sound levels in excess of those shown in Table 2.
(2) 
No order pursuant to Subsection E(1) shall be issued if the only persons exposed to sound levels in excess of those listed in Table 2 are exposed as a result of:
(a) 
Trespass;
(b) 
Invitation upon private property by the person causing or permitting the sound; or
(c) 
Employment by the person or a contractor of the person causing or permitting the sound.
(3) 
Any person subject to an order issued pursuant to Subsection E(1) shall comply with such order until a) the sound is brought into compliance with the order, as determined by the Zoning Officer or b) a judicial order has superseded the Zoning Officer's order.
Table 2. Continuous Sound Levels which Pose a Immediate Threat to Health and Welfare
(Measured at Receiver)
Sound Level Limit
(dBA)
Duration
(Hours)
85
8
90
4
95
2
100
1
105
1/2
110
1/4