[Ord. No. 10-2021-643, 10/28/2021]
This Part 7 shall be commonly known as the "Noise Control Ordinance."
[Ord. No. 10-2021-643, 10/28/2021]
Excessive noise can be a serious threat to the comfort, convenience,
health, safety, welfare, and overall quality of life of the citizens
of Salisbury Township. It is the intent of this Part 7 to establish
requirements and criteria to prevent excessive noise that may jeopardize
the health and welfare of its citizens or degrade their quality of
life. Therefore, it intends hereby to prohibit all excessive and unreasonable
noise from all sources subject to its police power in order to preserve,
protect, and promote health, safety, welfare and the peace, quiet
and comfort of the citizens of Salisbury Township.
[Ord. No. 10-2021-643, 10/28/2021]
The following words, terms and phrases when used in this Part 7 shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning:
The erection, repair, renovation, demolition, or removal
of any building or structure; and the excavation, filling and grading.
Conduct that intentionally and recklessly causes public inconvenience,
annoyance or alarm, or recklessly creating a risk by making unreasonable
noise.
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage.
Any work performed for the purpose of preventing or alleviating
the physical trauma or property damage threatened or caused by an
emergency.
Examples of impulse sound include sound of short duration,
usually less than one second, with an abrupt onset and rapid decline.
Examples of impulsive sound include but are not limited to explosions
and the discharge of firearms.
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.
A device designed or used for abating the sound of escaping
fluids or gases from an engine or machinery system.
Any sound/noise which endangers, would endanger or is likely
to endanger, or injures, would injure or is likely to injure, the
safety or health of humans or animals, annoys, would annoy or is likely
to annoy, or disturb a reasonable person of ordinary sensibilities;
endangers, would endanger or is likely to endanger, or injures, would
injure or is likely to injure, personal or real property; disturbs,
would disturb or is likely to disturb the peace; or creates, would
create or is likely to create a nuisance.
A written document issued to a person who is in violation
of a Township ordinance which specifies the violation and contains
a directive to take corrective action within a specified time frame
or face further legal action.
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.
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, rocket or drone.
Any authorized inspector, or public official designated by
the Salisbury Township Manager to enforce the Township ordinances.
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.
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.
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 multi-dwelling-unit building; or 3) the vertical and horizontal
boundaries of a dwelling unit or commercial unit of a mixed residential-business
use building.
The imaginary line, including its vertical extension, that
separates any zoned residential district from any zoned commercial
or industrial district.
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 period from Monday, 12:00 a.m. (midnight), through Friday,
11:59 p.m.
The period from Saturday, 12:00 a.m. (midnight), through
Sunday, 11:59 p.m.
[Ord. No. 10-2021-643, 10/28/2021]
1.
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. The following acts, and the causing thereof, are declared to be noise disturbances and therefore in violation of this Part 7.
2.
Bullhorns, 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, 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 line; or
B.
In such a manner as to create a noise disturbance across any real
property boundary line 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 creates a noise disturbance
in any public area, park, street or sidewalk of the Township when
the sound source originates in any public area, park, street or sidewalk
of the Township; or
E.
At any time unless used in connection with an earplug or earphone
in any of the Township parks and playgrounds.
3.
Yelling and Shouting. Engaging in loud or raucous yelling, hooting,
whistling, or singing on the public streets between the hours of 10:00
p.m. and 7:00 a.m., weekdays, or 11:00 p.m. and 7:00 a.m., weekends,
to the disturbance of others.
4.
Stationary Nonemergency Signaling Devices. Sounding or permitting
the sounding of any signal from any stationary bell, chime, siren,
whistle, bullhorn or similar device, intended primarily for nonemergency
purposes, from any place, for more than one minute in any hourly period.
5.
Loudspeakers/Public Address Systems. Using or operating any loudspeaker,
public address system, or similar device:
6.
Street Sales. Offering for sale or selling by shouting or outcry
within any residential or commercial area of the Township between
the hours of 9:00 p.m. and 9:00 a.m.
7.
The operation of any transportation refrigeration units during the
times for which delivery, loading, or opening of commercial goods
are being conducted.
A.
This subsection shall not apply to any commercial and/or industrial
development if previous delivery/loading operation time constraints
have been established during the Township approval process.
B.
This subsection shall not apply to municipal or utility services
conducted in the public right-of-way.
C.
The owner, possessor, lessee or responsible agent can be held responsible
for any noise disturbance or unlawful activity relating to delivery/loading
operations that occurs on the property.
8.
Commercial/Industrial Property Maintenance. The routine maintenance
of a commercial/industrial property including but not limited to lot
sweeping, paving, line painting, etc., conducted on such property
between the hours of 11:00 p.m. and 7:00 a.m. in such a manner as
to cause a noise disturbance across a residential property boundary;
exception would be if maintenance is the result of an emergency.
A.
The owner, possessor, lessee or responsible agent can be held responsible
for any noise disturbance relating to commercial/industrial property
maintenance operations that occurs on the property.
9.
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 real property
boundary line.
10.
Domestic Power Tools. Operating or permitting the operation of any
mechanically powered saw, drill, sander, grinder, lawn or garden tool,
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 real property boundary line. Snowblowers shall
be exempt from the provisions of this section.
[Ord. No. 10-2021-643, 10/28/2021]
1.
The owner, possessor, lessee or responsible agent of real property
on which fireworks are being ignited for the sole purpose of this
Part 7 will be the legally responsible party for any violations for
which the offending party is not known.
2.
Restrictions:
A.
Any person who is under the age of 18 years of age may not purchase,
possess and/or use consumer fireworks within the Township.
B.
The use or firing of consumer fireworks which create an impulsive
sound so as to cause a noise disturbance cannot be ignited or discharged
within the Township prior to 4:00 p.m. or after 9:00 p.m., Sunday
through Thursday, and prior to 4:00 p.m. or after 10:00 p.m., Friday
and Saturday.
(1)
Exceptions:
(a)
Permitted 4:00 p.m. to 12:00 a.m. (midnight), December 30, and
4:00 p.m., December 31, to 1:00 a.m., January 1.
(b)
Permitted 4:00 p.m. to 12:00 a.m. (midnight) on both July 3
and July 4.
(c)
Permitted 4:00 p.m. to 12:00 a.m. (midnight) on the Sunday before
Memorial Day and on Memorial Day.
(d)
Permitted 4:00 p.m. to 12:00 a.m. (midnight) on the Sunday before
Labor Day and on Labor Day.
C.
All nonconsumer firework displays must be approved by the Township
Manager or designee and proper permits must be obtained.
D.
Consumer fireworks cannot be ignited or discharged on public or private
property without the express written permission of the property owner.
E.
Consumer fireworks cannot be discharged from or within a motor vehicle
or building.
F.
Consumer fireworks cannot be discharged toward a motor vehicle or
building. They cannot be discharged within 150 feet of an occupied
dwelling, whether or not a person is actually present.
G.
Consumer fireworks cannot be discharged while the person is under
the influence of alcohol, a controlled substance, or a drug.
H.
Consumer fireworks are not permitted on Township property, including,
without limitation, Township-owned parks, buildings or structures,
streets, sidewalks and right-of-way unless such person upon application
has secured a special permit for such activity from the Township Manager
or designee.
[Ord. No. 10-2021-643, 10/28/2021]
Operating or permitting of powered model vehicles and drones,
so as to create a noise disturbance across a real property boundary
or in a public space between the hours of 10:00 p.m. and 7:00 a.m.
[Ord. No. 10-2021-643, 10/28/2021]
1.
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 than 15 minutes in any hour while the
vehicle is stationary, for reasons other than traffic congestion.
2.
Motor Vehicle Horns and Signaling Devices. No person shall at any
time sound the horn or other warning device of a vehicle except, when
necessary, as a warning while actually driving such vehicle.
3.
Sound Amplification Devices in Vehicles. No person, driver, or owner
of any vehicle shall operate or permit operation of any sound amplifying
system which causes a noise disturbance when the vehicle is on a public
right-of-way or public space unless such system is being operated
to request assistance or warn of a hazardous situation. This section
does not apply to authorized emergency vehicles.
[Ord. No. 10-2021-643, 10/28/2021]
1.
Operating or permitting the operation of any tools or equipment used
in construction, drilling, or demolition work not permitted between
the hours of 9:00 p.m. and 7:00 a.m. on weekdays and Saturdays or
at any time on Sundays and holidays, except for emergency work.
2.
This section shall not apply to the use of domestic power tools.
[Ord. No. 10-2021-643, 10/28/2021]
1.
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 Subsections 1A and B.
A.
Testing of a stationary emergency signaling device shall occur at
the same time of the day each time such a test is performed. Such
testing shall not occur between the hours of 10:00 p.m. and 7:00 a.m.
Any such testing shall use only the minimum cycle test time. In no
case shall such test time exceed 60 seconds.
B.
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 between the hours of 6:00 p.m. and 8:00 a.m. The time limit specified in Subsection 1A 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.
[Ord. No. 10-2021-643, 10/28/2021]
The provisions of this Part 7 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.
Government Activity. Any activity being conducted by the Commonwealth
of Pennsylvania, by the County of Lehigh, by Salisbury Township or
any other political subdivision and its contractors.
3.
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 or all municipal collections.
4.
Places of Religious Worship. The sounding or permitting the sounding
of any stationary bell or chime used in conjunction with places of
religious worship.
5.
Aircraft and Airport Operations. Normal aircraft and airport operations.
6.
Interstate Railway Locomotives and Cars. The conduct of interstate
railway transportation.
7.
Blasting. Only if performed in accordance with all state and federal
regulations and permitting requirements. Such blasting may occur only
between 7:00 a.m. and 7:00 p.m., Monday through Friday, unless specifically
authorized under said state and federal regulations. Township shall
be adequately notified in advance of any such blasting activities.
8.
Concerts. Band concerts, carnivals or other performances or similar
activities publicly or privately sponsored and presented in any public
or private space outdoors, so long as all necessary permits as defined
by the Township's ordinances have been procured; shall be limited
to six occasions in a single location within a single calendar year,
January 1 to December 31.
9.
Amusement Parks, Carnivals, Fairs and Similar Activities. Sound/noises
typical for and resulting from typical amusement park activities including
but not limited to rides, concerts, events and patrons.
10.
Amplified Announcements. Sound/noises created by organized school-related
programs, activities, athletics and entertainment events or public
programs, activities or events.
11.
Celebrations. Sound/noises made by bells, chimes, carillons used
for religious purposes or in conjunction with national, state or local
celebrations or public holidays; existing bells, chimes, carillons
and clock strike mechanisms that are currently in use for any purpose.
12.
Snowblowers. Sound/noises made by snowblowers or similar snow removal
equipment used in the maintenance of private or public property following
a snowstorm.
13.
Assemblies, Parades, Gatherings. Any assembly, parade or gathering
that has been approved by the Township for such event.
14.
Agricultural/Farming. Any sound/noise that is typically associated
with normal agricultural/farming activities.
[Ord. No. 10-2021-643, 10/28/2021]
The Township Manager or designee may publish regulations governing
the procedures and enforcement of any provisions of this Part 7.
[Ord. No. 10-2021-643, 10/28/2021]
The provisions of this Part 7 shall be enforced by Salisbury
Township police officers, Code Enforcement Officer, or any other public
officer authorized to enforce ordinances.
[Ord. No. 10-2021-643, 10/28/2021]
2.
Citations. Any person, firm or corporation who shall fail, neglect
or refuse to comply with any of the terms or provisions of this Part
7, or of any regulation or requirement pursuant hereto and authorized
hereby, shall, upon conviction, be ordered to pay a fine of not less
than $100 and not more than $1,000 on each offense or imprisoned no
more than 90 days, or both.
3.
Restitution. The Magisterial District Judge may order the violator
to reimburse the Township's costs of collection/citation proceedings
and to pay the Township reasonable attorneys' fees associated
with the prosecution of the same.
[Ord. No. 10-2021-643, 10/28/2021]
If any sentence, clause, section, term, phrase or part of this Part 7 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, terms, provisions, or parts of this Part 7. It is hereby declared the intent of the Board of Commissioners of Salisbury Township that this Part 7 would have been adopted had such an unconstitutional, illegal, or invalid sentence, clause, section, or part thereof not been included herein.
[Ord. No. 10-2021-643, 10/28/2021]
The failure of the Township to enforce any provision of this
Part 7 shall not constitute a waiver by the Township of its rights
of future enforcement hereunder.
[Ord. No. 10-2021-643, 10/28/2021]
Any ordinance, resolution and/or other regulation of the Township,
or any parts of ordinances, resolutions and/or other regulations of
the Township, including, but not limited to, all prior zoning ordinances
and amendments, or parts of prior zoning ordinances and amendments,
including prior zoning maps, which are inconsistent herewith are hereby
repealed. All other provisions of the ordinances, resolutions and/or
other regulations of the Township of Salisbury, Lehigh County, Pennsylvania,
shall remain in full force and effect.
[Ord. No. 10-2021-643, 10/28/2021]
This Part 7 shall become effective immediately upon adoption
by the Board of Commissioners.
