[HISTORY: Adopted by the Board of Supervisors of Shippensburg
Township 1-4-1999 by Ord. No. 98-4; amended in its entirety 4-2-2011 by Ord. No. 2011-02. Subsequent amendments
noted where applicable.]
The Board of Supervisors of Shippensburg Township, 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 Shippensburg
Township.
This chapter shall be known as the "Shippensburg Township Noise
Control Ordinance."
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning. All terminology
used in this chapter and 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 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 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 purpose of preventing or alleviating
the physical trauma or property damage threatened or caused by an
emergency.
Sound of short duration, usually less than 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 district establishes in § 270-5 of this chapter.
Any individual, association, partnership or corporation,
and includes officers, employees, 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
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.
Any 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 purposes 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
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 exists
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 five dB for center frequencies of 500
Hz and above and by eight 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, RMS
detector, integrator or time averager, 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 land use districts established in Chapter 430, Zoning, of this Code and all subsequent amendments.
A.
Noise disturbance prohibited. No person shall make or continue, or
cause to be made or continued, any noise disturbance.
B.
Specific prohibitions. In addition to noise disturbances prohibited under Subsection A above, the following acts, and the causing thereof, are declared to be noise disturbances, and therefore a violation of this chapter:
(1)
Radios, television sets, digital music playing devices, musical instruments
and similar devices: operating, playing or permitting the operation
or playing of any radio, television, phonograph, digital music playing
device, 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 11:00 p.m.
and 6:00 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
on common carrier.
(2)
Yelling and shouting, etc.: engaging in loud yelling, shouting, hooting,
whistling or singing:
(3)
Construction.
(a)
Operating or permitting the operation of any tools or equipment
used in construction operations, drilling or demolition work:
[1]
Between the hours of 11:00 p.m. and 6:00 a.m. the following
day on weekdays 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. In the event that extraordinary circumstances require construction
on a Sunday or legal holiday, such construction may be permitted only
upon prior notification of and approval by the Township, which shall
have sole discretion to approve or deny the request, which decision
shall be transmitted within 24 hours of notification. The Township
shall issue a permit as evidence of approval.
[2]
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 between
the hours of 11:00 p.m. and 6:00 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 11:00 p.m. and 6:00 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)
Owning, 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 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 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 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 to 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 11:00
p.m. and 6:00 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 of Shippensburg Township, except between the hours
of 6:00 a.m. and 11:00 p.m.
(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)
Vehicles, 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)
Motor vehicles 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).[1]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[1]
Editor's Note: See 67 Pa. Code Ch. 157, Established Sound
Levels.
(2)
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,
anywhere within 150 feet of any residence in such a manner as to cause
a noise disturbance across a residential property line (boundary).
(3)
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 a vehicle.
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 district. 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 designation's 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 District
| ||
|---|---|---|
|
Sound Level Limit
| ||
|
Zoning District of the Property on Which the Source of the Noise
is Located
|
6:00 a.m. to 11:00 p.m.
|
11:00 p.m. to 6:00 a.m.
|
|
Residential (R-1, R-2, MU)
|
57 dB(A)
|
52 dB(A)
|
|
Nonresidential (A, C-1, C-2, I, U)
|
60 dB(A)
|
55 dB(A)
|
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 of one minute
or more out of any ten-minute period.
(3)
The sound exceeds any of the established zone 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 that 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 for nonconforming uses. Any noise which occurs on property which, according to Chapter 430, Zoning, of this Code, is being used in a legally nonconforming manner, and which noise relates to said use, shall be judged as if the property bore a zoning designation under which the use would be conforming.
G.
Measuring instruments. 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 announcements: Electronically-amplified announcements at
athletic events.
B.
Blasting. Blasting under permit by the Township. 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 the Township.
C.
Concerts, etc. Church carnivals, concerts, festivals or other performances
or similar activities publicly or privately sponsored and presented
in any public space outdoors shall be exempted from the provisions
of this chapter, provided that:
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.
Safety concerns. Sounds resulting from such activities as snow removal
or other activity required to alleviate a threat to the safety and
welfare of the residents.
G.
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.
H.
Warning devices. Sounds made by warning devices operating continuously
for three minutes or less, except that, in the event of an actual
emergency, the time limitation shall not apply.
A.
Authority for enforcement. The provisions of this chapter shall be
enforced by the Township Codes Enforcement Officers or with the assistance
of the Pennsylvania State Police, or any outside police or enforcement
agency or individuals with whom the Township has a contract.
B.
Penalties. Any person violating any provision of this chapter shall,
upon conviction thereof 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 sentenced to pay a fine
of not more than $1,000 for each violation plus costs of prosecution,
including but not limited to reasonable attorneys' fees, or, upon
default of payment of fines, costs and/or restitution, by imprisonment
for a period not to exceed 30 days. Each day upon which a violation
exists shall constitute a new and separate violation of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
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. This chapter shall become effective 30 days after its enactment.
