[HISTORY: Adopted by the Board of Supervisors 6-4-1999 by Ord. No. 1999-3.
Amendments noted where applicable.]
This chapter shall be known as the "Sadsbury Township Noise
Ordinance."
This chapter is enacted pursuant to authority of Sections 1506,
1529, and 1601 of the Second Class Township Code, 53 P.S. §§ 66506,
66529, and 66601.
The purpose of this chapter is to ensure that 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 chapter 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 Sadsbury Township.
The Board of Supervisors finds that the failure of individuals,
businesses, industries, persons maintaining animals, social gatherings
and other activities to regulate the noise emanating from their premises
constitutes a violation of the peace and enjoyment of the residents
of the Township and a public nuisance. Specifically, such noise emanating
from home occupations, businesses, industries, sound amplification
equipment, radios, electronic sound recording equipment, vehicles,
persons maintaining animals, social gatherings, and other activities:
A.
Creates a nuisance in that residents are deprived of the enjoyment
of their homes, disturbed in their sleep, and otherwise prevented
from the quiet enjoyment of their residential premises;
B.
Affects the property values of residences in the residential district
of the Township;
C.
Affects the public welfare by reflecting negatively on the residential
districts established for the Township;
D.
Disturbs the peace and good order of the Township; and
E.
Creates noise pollution.
A.
The following words and phrases, when used in this chapter, shall
have, unless the context clearly indicates otherwise, the meanings
given to them in this section.
B.
ANSI
DECIBEL (dB)
EXCESSIVE NOISE
FLUCTUATING NOISE
IMPULSIVE NOISE
INTERMITTENT NOISE
NIGHTTIME
NOISE
NOISE LEVEL
NOISE POLLUTION
PARTY
PERIOD OF OBSERVATION
PERSON
SAE, INC.
SOUND LEVEL
SOUND-LEVEL METER
STEADY NOISE
TOWNSHIP
VEHICLE
ZONING DISTRICTS
All acoustical terminology shall be interpreted in accordance with
that contained in ANSI S1.1, "Acoustical Terminology." All other words
and terms not defined herein shall be used with a meaning of standard
usage.
American National Standards Institute, or its successors.
A unit of sound level which is a division of a logarithmic
scale used to express the ratio of the sound pressure of the source
to the pressure of an arbitrarily chosen reference pressure; the ratio
is expressed on the decibel scale by multiplying its base 10 logarithm
by 20.
That sound which is 1) injurious or which unreasonably interferes
with the comfortable enjoyment of life and property or(2) annoying
to a person of ordinary sensibilities. Measured noise levels in excess
of limits established in these regulations or those specified in valid
special activity permits are declared to be excessive noise.
A noise whose sound level varies significantly with time.
Impulsive noise is characterized by brief excursions of sound
level. The duration of a single impulse is usually less than one second.
An intermittent noise is a noise whose sound level exceeds
the ambient noise levels at least twice during the period of observation
which is one minute or more. The period of time during which the level
of the noise remains at an essentially constant value different from
that of the ambient is on the order of one second or more.
9:00 p.m. to 7:00 a.m., prevailing time.
Any sound emitted by a person, animal, appliance, equipment,
instrument or other device.
Airborne sound levels expressed in dB and obtained by the
use of specific frequency dependent weighting networks, as specified
in the referenced standards and indicated by proper notation; if A-weighting
is employed, the sound level is identified as dB(A).
Noise of such loudness and character, from a single source
or from multiple sources, which is or may be predicted with reasonable
certainty to be injurious to health or which unreasonably interferes
with the enjoyment of property or with any lawful business or activity.
Noise/sound-pressure levels exceeding those permitted in any district
shall constitute noise pollution.
A social gathering.
The time interval during which acoustical data are obtained.
The period of observation is determined by the characteristics of
the noise being measured and the instrumentation being used. The period
of observation must be at least as long as the response time of the
instrumentation. The greater the variance in individual sound level,
the longer must be the observation time for a given expected accuracy
of measurement.
Includes an individual, firm, association, organization,
partnership, trust, company, corporation or any other similar entity.
Society of Automotive Engineers.
Noise level.
An instrument or combination of instruments which meets or
exceeds the requirements for an ANSI Type SIA or Type S2A sound-level
meter.
A noise whose level remains essentially constant (i.e., fluctuations
are less than 5 dB during the period of observation is a steady noise.)
The Township of Sadsbury.
Any device, or combination of devices, used for or capable
of being used for transporting persons or property. Vehicles include,
but are not limited to, the following: automobiles, trucks, buses,
motorcycles, motorized bicycles, snowmobiles, scooters, all-terrain
vehicles, go-carts, racers and like devices, farm machinery, industrial
machinery, highway graders, trailers, graders and semitrailers.
Those districts as set forth on the Zoning Map of the Township.[1]
The following limits are established for noise in the Township:
A.
General standards. No person shall create or allow the creation of
any noise or operate or cause to be operated any source of sound on
property owned, leased, occupied or otherwise controlled by such person,
which causes the sound level, when measured at or beyond the boundaries
of the lot on which such activities take place, to exceed the noise
levels specified below for the various zoning districts.
|
Zoning Districts
|
Noise Level
|
|---|---|
|
All residential districts
|
60 dB(A)
|
|
All other zoning districts
|
70 dB(A)
|
B.
Special regulations. No person shall create or permit to be created
any sound which can be heard at the residence of any neighbor in any
residential district, as follows:
C.
Vehicles. No person shall operate either a motor vehicle of a type
subject to registration, except in police, fire equipment, ambulances
or other government emergency vehicles, at any time or under any condition
of grade, load, acceleration or deceleration in such a manner as to
exceed the following noise limits for the category of minor vehicles
based on a distance of 50 feet from the center of the lane traveled
on within the speed limit specified in this section under test procedures
established by this chapter.
|
Type of Vehicle
|
Speed Limit of 35 MPH or less
|
Speed Limit of 35 MPH or more
|
|---|---|---|
|
Any motor vehicle with a manufacturer's gross combination
weight rating of 10,000 lbs. or more and any combination of vehicles
towed by such motor vehicle
|
86 dB(A)
|
90 dB(A)
|
|
Any other vehicle or any combination of vehicles towed by such
motor vehicle
|
76 dB(A)
|
82 dB(A)
|
|
Any motorcycle or motor-driven cycle
|
78 dB(A)
|
82 dB(A)
|
D.
Equipment. No person shall operate any powered equipment or powered
hand tool that produces a maximum noise level exceeding the following
noise limits at a distance of 50 feet under test procedures established
by this chapter.
|
Type of Equipment
|
Noise Limit
|
|---|---|
|
Construction and industrial machinery, such as crawler-tractors,
dozers, rotary drills and augers, loaders, power shovels, cranes,
derricks, motor graders, paving machines, off-highway trucks, ditchers,
trenchers, compactors, scrapers, pavement breakers, truck loaders,
conveyor belts, stone crushers, compressors and pneumatic power equipment,
but not including pile drivers
|
86 dB(A)
|
|
Agricultural tractors and equipment
|
86 dB(A)
|
|
Powered commercial equipment of 2 HP or less intended for infrequent
use in residential areas, such as chain saws, pavement breakers, log
chippers, powered hand tools, etc.
|
84 dB(A)
|
|
Powered equipment intended for repetitive use in residential
areas, such as lawn mowers, small lawn and garden tools, riding tractors,
snow removal equipment, etc.
|
70 dB(A)
|
Noise emitted from the following sources shall be exempt from
the noise standards specified herein:
A.
All safety signals and warning devices (e.g., intrusion alarms, backup
alarms on trucks); authorized vehicles when responding to emergencies
(e.g., police, fire, ambulance sirens or any other device used to
alert persons to an emergency or used during the conduct of emergency
work.)
B.
The provision, repair and maintenance of municipal services or public
utilities.
C.
Bells, chimes and carillons used for religious purposes or in conjunction
with national celebrations or public holidays; existing bells, chimes
and carillons that are currently in use for any purpose.
D.
Appliances, lawn and garden equipment, snow removal equipment and
household power tools in use between the hours of 7:00 a.m. (prevailing
time) and 9:00 p.m. (prevailing time), provided such are operated
within the manufacturer's specifications and with all standard
noise reducing equipment in use, unmodified, and in proper operating
condition.
E.
Heavy construction equipment, when being used for a relatively short
period of time on a specific short-term project (such as constructing
a building; constructing, repairing or cleaning a road; drilling a
well; and other similar short term, specific, construction demolition
or repair projects) in use between the hours of 7:00 a.m. and 6:00
p.m., prevailing time, for the duration of such short-term, specific
project, provided such heavy construction equipment is operated within
the manufacturer's specifications and with all standard noise-reducing
equipment in use, unmodified and in proper operating condition.
F.
Air conditioners, fans, heating units and similar comfort devices,
provided such are operated within the manufacturer's specifications
and reasonable measures are taken to reduce noise levels as approved
by the Noise Enforcement Officer.
G.
Airplanes, helicopters and normal activities of property licensed
airports.
H.
Musical, recreational and athletic events conducted by or permitted
by schools or local government.
I.
Motorcycle operation when being used with factory specified, installed
and properly operating mufflers.
J.
The personal use of firearms on private property for hunting, target
practice or other lawful personal recreational use not involving any
commercial activity or any private or public club or any organized
nonprofit, fraternal or social activity.
K.
Activities permitted by special waiver, as provided herein, according
to the terms and conditions of said waiver; activities conducted in
accordance with a special activity permit approved by the Board of
Township Supervisors.
A temporary waiver from strict compliance with the noise standards
specified herein may be granted to persons during emergency circumstances,
as determined in advance by the Noise Enforcement Officer, upon application
to permit reasonable time to effect repairs and/or adjustments to
equipment, appliances, instruments and other sound-emitting devices
which, when in use, exceed the noise level limits, provided that the
use of such devices shall be essential to preserve and protect health
and safety or to comply with other lawful rules, regulations and ordinances.
For the administration of this chapter, the Board of Supervisors
shall appoint a Noise Enforcement Officer who shall not hold any elective
office in the Township and who shall be qualified by training and
experience to perform the necessary measurements and procedures required
to determine violations of this chapter. The duties of the Noise Enforcement
Officer shall be:
A.
To make inspections and observations of noise conditions, and to
investigate complaints.
B.
To issue all warnings, citations, and special waivers, as provided
herein, and to undertake all other activities necessary for the enforcement
and administration of this chapter.
C.
To prepare and maintain records of all activities undertaken in the
course of the administration or enforcement of this chapter.
This chapter may be enforced by the Noise Enforcement Officer
or any police officer.
The following procedures and penalties are prescribed for enforcement
of this chapter.
A.
First offense. If it is determined by a sound-level meter reading
that a noise level is in excess of the levels prescribed by this chapter,
the Township shall, upon written complaint by the affected person,
issue a written warning to the person responsible. Any such warning
shall be in effect for 90 days.
B.
Second and subsequent offenses. If it is determined by a sound-level
meter reading that a noise level in excess of the levels permitted
by this chapter shall have been caused or permitted by any person
within 90 days after the issuance of a warning for a first offense,
the Township may prosecute the same before the Magisterial District
Judge.
C.
Injunctions. In addition, the Noise Enforcement Officer, after obtaining
approval by the Board of Supervisors, may file legal or equitable
actions in court in the name of the Township to abate or enjoin violations
of this chapter.
D.
Public nuisance. Any emission of noise from any source in excess
of the limitations established herein is hereby declared to be a public
nuisance and may be abated by administrative or judicial proceedings,
fines and penalties herein provided.
E.
Other remedies. Nothing in this chapter shall be construed to impair
any cause of action or legal remedy thereof of any person or the public
for injury or damage arising from the emission or release into the
atmosphere or ground from any source whatever of noise on such place
or manner or at such levels which may give rise to such cause of action.
F.
Noise pollution. This chapter is enacted as an ordinance for protection
of the public health and safety and for the control of noise pollution
in the Township.
The provisions of this chapter are not intended to interfere
with, abrogate or annul other rules, regulations or ordinances, including
Title 18 (Crimes Code), Title 75 (Vehicle Code), and Title 34 (Game
Commission) Pennsylvania Consolidated Statutes.[1] If more stringent requirements concerning noise abatement
are contained in the other statutes, rules, regulations or ordinances,
the more stringent regulation shall apply.
[1]
Editor's Note: See 18 Pa.C.S.A. § 101 et seq., 75
Pa.C.S.A. § 101 et seq., and 34 Pa.C.S.A. § 101
et seq., respectively.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person, firm or corporation who shall violate any provision
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.
If any sentence, clause, section or part of this chapter is
for any reason found to be unconstitutional, illegal or invalid, such
unconstitutionality, illegality or invalidity shall not affect or
impair any of the remaining provisions, sentences, clauses, sections
or parts of this chapter, it is hereby declared as the intent of the
Board of Supervisors that this chapter would have been adopted had
the unconstitutional, illegal or invalid sentence, clause, section
or part thereof not been included therein.
All ordinances or parts of ordinances which are inconsistent
herewith are hereby repealed.
This chapter shall take effect five days from the date of adoption.
