All terminology used in this article shall be in conformance
with the applicable publications of the most current edition of the
American National Standards Institute (ANSI) or its successor body.
In addition, as used in this chapter, the following terms shall have
the meanings indicated:
The sound pressure level adjusted using the A-weighted network
in order to approximate human hearing at louder listening levels,
expressed in units of dB(A).
The sound pressure level at a location without transient
sounds and without the sound contribution of the specific source in
question.
The unit of measure of sound pressure levels. The sound decibel
is the ratio of the measured sound pressure relative to a reference
pressure of 20 micropascals and is calculated as 20 times the base-10
logarithm of the ratio of the measured pressure to the reference pressure.
The making, causing or permitting to be made or caused to
be made anywhere within the Township of Whitpain of any loud, boisterous
or unseemly noise or unnecessary noises, clamor, din or other sounds
tending to disturb the peace and quiet of the community, and the carrying
on of any business, trade, transportation, recreation or amusement
at any time, in any place or in any manner which causes any unnecessary
noise or disturbances, and all such noises and disturbances are hereby
prohibited.
A constant sound level which contains the same amount of
energy as the time-varying sound over the given time period, typically
considered as the average sound level over the length of the measurement
period. For the purposes of this article, the LEQ shall be measured
on the A-weighted scale [dB(A)], and the time interval shall be 10
minutes.
Sunday before 8:00 a.m. or after 9:00 p.m.; Monday through
Thursday before 6:00 a.m. or after 9:00 p.m.; Friday before 6:00 a.m.
or after 11:00 p.m.; and Saturday before 8:00 a.m. and after 11:00
p.m.
A Type I or Type II sound level meter as specified by the
most current ANSI standard using the A-weighted network as specified
in the most current edition of the ANSI standard or its successor.
A.
All noises or other sounds shall be considered to be unnecessary
and to constitute disturbing the peace if:
(1)
During the following times, prevailing local time, the maximum permissible sound pressure level (SPL) and average level (LEQ) exceed the dB(A) level shown below for the zoning district, as measured at the boundaries of the lot from which the sound emanates, except for Subsection A(1)(b)[1] below where the measurement is from the boundary of any residential district:
(b)
At all times of day:
[1]
In all commercial and industrial zoning districts, at no point
on the boundary of any residential zoning district shall the sound
level of any individual operation or business, or the combined operations
of any person, firm or corporation, exceed the maximum permissible
sound pressure level (SPL) and average level (LEQ) shown below for
the zoning district:
(2)
If the background sound level measured at the receiving property
line at the time of a noise complaint is within five dB(A) of the
limits in this chart, or above such limits, then the levels in this
chart shall not apply, and the following standards shall apply:
(a)
The maximum SPL and the LEQ levels shall be increased by five
dB(A) over the background sound level up to a maximum of 75 dB(A).
(b)
The background sound level shall be measured at the same location
as the measurement for the sound contribution of the specific source
in question and at a time immediately preceding that measurement.
(3)
On New Year's Eve, the day before Memorial Day, Memorial Day,
the day before Independence Day, Independence Day, the day before
Labor Day, and Labor Day, the evening quiet hours begin at 11:00 p.m.,
regardless of the day of the week.
(4)
Notwithstanding the remainder of this chapter, except in cases of
emergency, no person shall carry on an activity at any time or in
any manner which causes unnecessary annoyance or disturbs the peace
and quiet of the immediate neighborhood.
B.
The operation of any radios, televisions, stereo equipment, amplification equipment, public address systems, electronic microphone or electronic amplification systems or other electronic or mechanical equipment, or the singing, shouting or playing of musical instruments, in such a manner as to violate § 83-2A above.
C.
The unnecessary sounding of automobile horns, sirens, bells, whistles
or other warning devices. The operators of motor vehicles shall at
all times exercise due care and foresight in their operation and shall
not substitute the sounding of warnings for careful driving and the
maintenance of proper control over their respective vehicles. It is
not intended hereby to prohibit the use of such warning devices in
emergencies or at times when, in the exercise of good judgment, a
prudent operator would use such devices. Emergency vehicles operating
in accordance with adopted standards shall not constitute a disturbance
of the peace.
D.
The unnecessary noise created by minibikes, dirt bikes, cycles and
go-carts which is considered excessive and is causing a disturbance
of the peace within the immediate neighborhood.
E.
The keeping of dogs, roosters, or other animals under such conditions
or in such a manner that by barking, crowing, or otherwise they disturb
the peace and quiet of the immediate neighborhood.
F.
Acting in and about the streets or other public places in the Township
in a noisy, loud, boisterous and unseemly manner or in such a manner
as to disturb the peace and quiet of the community.
G.
Permitting or giving one's consent to any person to violate
the terms of this chapter as above set forth upon his property or
elsewhere.
H.
The use of any of the following equipment during evening quiet hours,
except for emergency work on public improvements, work of public service
utilities, and municipal services:
(1)
Construction and industrial machinery, including, but not limited
to, crawler-tractors, dozers, rotary drills and augers, motor graders,
paving machines, trenchers, compactors, compressors and other power
equipment.
(2)
Agricultural tractors and equipment.
(3)
Powered commercial equipment of two horsepower or less intended for
infrequent use in residential areas, including, but not limited to,
chainsaws, pavement breakers, log chippers, and powered hand tools.
(4)
Powered equipment intended for repetitive use in residential areas,
including, but not limited to, lawn mowers, small lawn and garden
tools, and riding tractors. Residential generators used during a power
outage shall not constitute a disturbance of the peace.
Sound measurements shall be made on the receiving property line
within 10 feet from the property line nearest the noise source, at
least five feet from any structure that reflects sound, and at least
three feet above the ground. Where the source of the noise occurs
within a multiunit building, or where buildings have a common party
wall, the measurement shall be taken in a habitable space in the complainant's
dwelling unit closest to the noise source.
All sound measurements shall be taken with a measurement instrument as defined in § 83-1. The manufacturer's published indication of compliance with such specifications shall be prima facie evidence of such compliance.
Any person or persons violating any of the provisions of Chapter 83, Article I, shall be subject to a criminal fine not to exceed $1,000 per violation and imprisonment in the Montgomery County Correctional Facility to the extent allowed by law for the punishment of summary offenses. Enforcement of any such violations shall be by action brought before a District Justice in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure.
