[HISTORY: Adopted by the Mayor and Council of the Borough
of Swoyersville 11-1-2004 by Ord.
No. 6-2004. Amendments noted where applicable.]
The Council of the Borough of Swoyersville, finding that excessive
levels of sound are detrimental to the physical, mental and social
well-being of the people, as well as to their comfort, living conditions,
general welfare and safety, and being therefore a public health and
welfare hazard, hereby declares it to be necessary to provide for
the greater control and more effective regulation of excessive sound
and the sources of excessive sound within the Borough of Swoyersville.
This chapter shall be known as the "Swoyersville Noise Control
Ordinance."
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.
The all-encompassing noise associated with a given environment,
being usually a composite of sounds from many sources near and far.
The erection, repair, renovation, demolition or removal of
any building or structure and the excavation, filling, grading and
regulation of lots in connection therewith.
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 micropascals
(20 micronewtons per square meter).
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage.
Any work performed for the purposes of preventing or alleviating
the physical trauma or property damage threatened or caused by an
emergency.
Sound of short duration, usually less then one second, with
an abrupt onset and rapid decay. Examples of impulsive sound include
explosions, drop forge impacts and the discharge of firearms.
A device designed or used for decreasing or abating the level
of sound escaping from an engine or machinery system.
Any sound which annoys or disturbs humans or which causes
or tends to cause an adverse psychological or physiological effect
on humans.
Any sound which is in excess of the sound levels by zoning districts established in § 62A-5.
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. Whenever used
in any clause prescribing and imposing a penalty, "person" includes
the individual members, partners, officers and managers, or any of
them, of partnerships and associations, and as to corporations, the
officers and managers thereof or any of them.
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.
An imaginary line drawn through the points of contact of
adjoining lands, apartments, condominiums, townhouses and duplexes
owned, rented or leased by different persons, a demarcation or a line
of separation of properties, and also, for any two or more buildings
sharing common grounds, the line drawn midway between any two said
buildings. All areas devoted to public right-of-way shall be deemed
to be across the property line. For the purpose of this chapter, the
property line includes all points on a plane formed by projecting
the property line in a manner deemed appropriate by the enforcing
police officer.
Any street, avenue, boulevard, highway, sidewalk, alley or
similar place which is owned or controlled by a governmental entity.
Any real property or structures thereon which are owned or
controlled by a governmental entity, church or civic organization.
Any sound which can be heard as a single pitch or a set of
single pitches. For the purpose 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 octave bands by 5 dB for center frequencies
of 500 Hz and above, and by 8 dB for center frequencies between 160
and 400 Hz, and by 15 dB for center frequencies less than or equal
to 125 Hz.
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.
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 characteristics of such sound, including
duration, intensity and frequency.
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 S1.4-1974, or the latest revision thereof).
If the frequency weighting employed is not indicated, the A-weighting
shall apply.
An instrument which includes a microphone, amplifier, RMA
detector, integrator or time average, output meter, and any applicable
weighting network used to measure sound pressure levels which meets
or exceeds the requirement for a Type I or Type II sound-level meter
as specified in ANSI specification S1.4-1974. The manufacturer's
published indication of compliance with such specifications shall
be prima facie evidence of such compliance.
The sound-pressure level in decibels as measured on a sound-level
meter using the A-weighted network. The level so read is designated
dB(A).
The land use districts established by Chapter 93, Zoning, of this Code, and all subsequent amendments.
A.
Noise disturbance prohibited. No person shall make, continue, or
cause to be made or continued, any noise disturbance.
B.
Specific prohibitions. In addition to noise disturbances prohibited under § 62A-4A above, the following acts, and the causing thereof, are declared to be noise disturbances, and therefore in violation of this chapter:
(1)
Radios, television sets, musical instruments 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 in such a manner as to cause a noise disturbance
across a property line (boundary), or between the hours of 9:00 p.m.
and 8:00 a.m. so as to be plainly audible across a property line (boundary).
(b)
In such a manner as to create a noise disturbance across a property
line (boundary) or at 50 feet from such device, whichever is less,
when the device is operated in or on a motor vehicle, or hand-carried,
on a public right-of-way or public space.
(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
or a common carrier.
(2)
Yelling and shouting, etc. Engaging in loud yelling, shouting, hooting,
whistling or singing:
(3)
Construction. Operating or permitting the operation of any tools
or equipment used in construction operations, drilling or demolition
work:
(a)
Between the hours of 9:00 p.m. and 7:00 a.m. the following day
on weekends and Saturdays or at any time on Sundays or legal holidays,
such that the sound therefrom creates a noise disturbance across a
residential real property line (boundary), except for emergency work.
(b)
At any other time such that the sound level at or across a real
property line (boundary) exceeds 85 dB(a) for a period of one hour.
(4)
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 (see Table 1, § 62A-5A) between the hours of 9:00 p.m. and 8:00 a.m. so as to cause a noise disturbance across a residential property line (boundary).
(5)
Loading and unloading. Loading, unloading, opening, closing or other
handling of boxes, crates, containers, building materials, garbage
cans or similar objects between the hours of 9:00 p.m. and 7:00 a.m.
the following day in such a manner as to cause a noise disturbance
across a residential property line (boundary). This section shall
not apply to municipal or utility services in or about the public
right-of-way or to licensed refuse haulers.
(6)
Animals and birds.
(a)
Owing, possessing, harboring or controlling any animal or bird
which howls, barks, meows, squawks or makes other sounds 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 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.
(b)
This subsection only applies when two or more persons file complaints
about the animal or bird. However, prior to filing the complaint,
the complainants must first request the person owning, possessing,
harboring or controlling the animal or bird take action to prevent
the animal or bird from creating a noise disturbance. If after making
the request to the person owning, possessing, harboring or controlling
the animal or bird the noise disturbance continues, a complaint may
be filed.
(7)
Powered model vehicles. Operating or permitting the operation of
powered model vehicles so as to create a noise disturbance across
a residential property line (boundary) between the hours of 9:00 p.m.
and 8:00 a.m.
(8)
Street sales. Offering for sale or selling by shouting or outcry or by any other amplified or unamplified sound within any residential or commercial area (see Table 1, § 62A-5A) of the Borough of Swoyersville except between the hours of 8:00 a.m. and 9:00 p.m. and at no time in such a manner as to violate § 62A-5A of this chapter.
(9)
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 muffler
or sound-dissipative device or element of design or noise label of
any product.
(b)
The use of a product which has had a muffler or sound-dissipative
device or element of design or noise label removed or rendered inoperative,
with knowledge that such action has occurred.
(10)
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 (boundary).
C.
Motor vehicle prohibitions.
(1)
Conduct.
(a)
Motor vehicle and motorcycles on public rights-of-way. No person
shall operate or cause to be operated a public or private motor vehicle
or motorcycle, or any equipment attached to such a vehicle, on a public
right-of-way at any time in such a manner that the sound level emitted
by the motor vehicle or motorcycle, or any equipment attached to such
a vehicle, exceeds the level set forth in Title 67, Chapter 157, of
the Pennsylvania Department of Transportation Regulations (Established
Sound Levels).
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(b)
Standing motor vehicles. 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 then 15 minutes in any hour
while the vehicle is stationary, for reasons other than traffic congestion,
anywhere within 150 feet of any residence in such a manner as to cause
a noise disturbance across a residential property line (boundary).
(c)
Unnecessary horn blowing. 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 at any time in such a manner as to exceed the maximum permissible motor vehicle noise emissions as set forth in § 62A-4C(1)(a) of this chapter.
D.
Prima facie violation. The noise from any of the aforesaid prohibited
acts that disturbs two or more residents, who are in general agreement
as to the times and durations of the noise and who reside in separate
residences (including apartments and condominiums) located across
a property line (boundary) from the property on which the source of
the noise is generated, shall be prima facie evidence of a noise disturbance.
A.
Maximum permissible sound levels by zoning districts. No person shall
operate or cause to be operated any source of sound in such a manner
as to create a sound level which exceeds the limits set forth in the
zoning designations category in Table 1 when measured at or across
the property line (boundary) from the noise source. Any sound source
that produces sound in excess of those levels shall constitute a noise
disturbance.
|
Table 1 - Sound Levels by Zoning Districts
| ||
|---|---|---|
|
Zoning District of Property where Source of Noise Located
|
Sound Level Limit, dB(A)
8:00 a.m. - 9:00 p.m.
9:00 p.m. - 8:00 a.m.
| |
|
Residential (Zoning Districts R-L, R-M, R-T)
|
57
|
52
|
|
Commercial (Zoning Districts C-N, C-G)
|
60
|
55
|
B.
When exceeded. The sound-level limits set forth in Table 1 shall
be exceeded when any one or more of the following occur:
(1)
The sound at any one point in time exceeds any of the established
zone limits in Table 1 by a measured sound level of 15 dB(a).
(2)
The sound exceeds any of the established zone limits in Table 1 by
a measured sound level of 10 dB(a) for a cumulative total on one minute
or more out of any 10-minutes period.
(3)
The sound exceeds any of the established some limits in Table 1 by
a measured sound level of three dB(a) continuously for a period of
five minutes or a total of five minutes out of any ten-minute period.
C.
Ambient sound. In the event the background ambient sound levels in
an area of suspected noise disturbance exceed the levels set forth
in Table 1, the sound level of the intrusive sound source shall be
measured with the ambient background sound level being substituted
as the Table 1 sound-level limit.
D.
Where measured. For the purposes of this section, sound shall be
measured at or beyond the property line (boundary) of the property
on which the noise source is located.
E.
Pure tone and impulsive sound. For any source of sound which emits
a pure tone or impulsive sound, the limits set forth in Table 1 shall
be reduced by five dB(a).
F.
Adjustment of nonconforming uses. Any noise which occurs on property which, according to Chapter 93, Zoning, of the Code of the Borough of Swoyersville, is being used in a legally nonconforming manner, and which noise related to said use, shall be judged as if the property bore a zoning designation under which the use would be conforming.
G.
Measuring instrument. All sound measurements shall be made on a sound-level
meter calibrated in the manner required by the manufacturer's
specifications.
The following sounds are exempted from the provisions of this
chapter:
A.
Amplified announcement. Electronically-amplified announcements at
athletic events.
B.
Blasting. Blasting, under permit by the Police Department. Such blasting
may occur only between the hours of 9:00 a.m. and 4:00 p.m., Monday
through Friday, unless specifically authorized by permit.
C.
Concerts, etc. Band concerts, block parties, church carnivals, festivals
or other performances or similar activities, publicly or privately
sponsored and presented in any public space outdoors, shall be exempt
from the provisions of this chapter, provided:
D.
Emergency work. Sounds caused by the performance of emergency work
or by the ordinary and accepted use of emergency apparatus and equipment.
E.
Municipal and utility services. Sounds resulting from the repair
or replacement of any municipal or utility installation in or about
the public right-of-way.
F.
School and public activities. Sounds not electronically-amplified,
created by organized school-related programs, activities, athletic
and entertainment events, or other public programs, activities or
events, other than motor vehicle racing events.
G.
Warning devices. Sounds made by warning devises operating continuously
for three minutes or less, except in the event of an actual emergency,
the time limitation shall not apply.
A.
Variances.
(1)
Authority. The Noise Control Board shall have the authority to grant
variances, consistent with the provisions of this section, after public
hearing, upon application of any person who owns, controls or operates
any sound source which does not comply with the provisions or standards
of this chapter.
(2)
Application. The application shall state the standard or provision
from which the variance is being sought, the period of time and reasons
for which the variance is sought; shall contain information which
demonstrates that bringing the sources of sound or activity for which
the variance is sought into compliance with this chapter would constitute
an unreasonable hardship on the applicant, and shall contain any other
supporting information which may reasonably be required.
(3)
Public notification. Public notice of an application and the date,
time and place of the public hearing to be held thereof for a variance
shall be given by publishing notice thereof in a newspaper of general
circulation in the Borough at least once not less than three days
prior to the scheduled public hearing and by, if practicable, conspicuously
posting the premises that is the source of the sound for which the
variance is sought.
(4)
Hearing. The Noise Control Board shall hold a public hearing to decide
variance applications presented to it. Any person who claims to be
affected by allowance of the variance may become a party to the hearing.
(5)
Review standards. In determining whether to grant or deny the application,
the Noise Control Board shall balance the hardship to the applicant
versus the adverse impact to the public health, safety and welfare
and shall consider at a minimum the following conditions:
(a)
The physical characteristics of the emitted sound.
(b)
The times and duration of the emitted sound.
(c)
The geography, zone and population density of the affected area.
(d)
Whether the public health and safety is endangered.
(e)
Whether the sound source predates the receiver(s).
(f)
Whether compliance with the standard(s) from which the variance
is sought would produce hardship without equal or greater benefit
to the public.
(6)
Decision. The Noise Control Board shall render a written decision
in granting or denying the application for variance and, if denied,
shall state the reasons therefor. The Board's decision shall
be made available to the applicant and any other person who requests
it in writing. In granting a variance the hearing board may attach
reasonable conditions, including, but not limited to, placing a time
limit on the permitted activity and/or establishing a time schedule
within which the source of sound or activity for which the variance
was sought must be brought into compliance with this chapter. Where
the grant of a variance is conditioned, 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 up to one year. The person
obtaining the variance may reapply for additional variance periods
under terms set forth by the applicant and the Noise Control Board.
(7)
Appeals. Appeal from an adverse decision of the Noise Control Board
shall be made to the Court of Common Pleas of Luzerne County.
B.
Special variances. The Chief of the Police Department or his designee may, upon application and guided by the standards for review set forth in § 62A-7A(5), grant special variances for infrequent noise events or activities which do not exceed 24 hours in duration. Such special variances are not renewable except by action of the Noise Control Board pursuant to § 62A-7A.
C.
Noise Control Board. The Noise Control Board for the purpose of this
chapter shall be the Zoning Hearing Board of the Borough of Swoyersville,
which Board shall have full authority to carry out the duties of the
Noise Control Board, as set forth in this chapter. All applications
to the Board shall be filed through the Zoning Officer and shall be
accompanied by an application fee to be established from time to time
by resolution of Borough Council, to be held to cover all fees incurred
by the use of a court reporter, attorney, etc. Any funds remaining
will be returned to the appellant. The hearing shall be held in a
reasonable time as fixed by the Board following the filing of the
application, and the decision thereon rendered within 45 days of the
last hearing in the case before the Board.
A.
Authority for enforcement. This chapter shall be enforced by the
Police Department of the Borough of Swoyersville.
B.
Penalties. Any person, firm or corporation who shall violate any
provision of this chapter shall, upon conviction thereof, be sentenced
to pay a fine of not more than $500 plus costs and, in default of
payment of said fine and costs, to a term of imprisonment not to exceed
30 days. Each day that a violation of this chapter continues shall
constitute a separate offense.
C.
This chapter and the foregoing penalties shall not be construed to
limit or deny the right of the Borough or any person to such equitable
or other remedies as may otherwise be available with or without process
of law.
D.
Conflict with other regulations. In any case where the provisions
of this chapter impose a higher standard than that set forth in any
other ordinance or law the standards as set forth herein shall prevail,
but if the provisions of this chapter impose a lower standard than
any other ordinance or law, then the higher standard contained in
such other ordinance or law shall prevail.
