[HISTORY: Adopted by the Board of Supervisors of Reilly Township 5-25-2016 by Ord. No. 2-2016. Amendments noted where applicable.]
A. 
The Board of Supervisors of Reilly Township ("Board of Supervisors") finds that excessive levels of noise are detrimental to the physical, mental, and social well-being of the people of Reilly Township ("Township"), as well to their comfort, living conditions, general welfare, and safety and being. Therefore, as a public health and welfare hazard, the Board of Supervisors hereby declares it necessary to provide for the greater control and more effective regulation of excessive noise and the sources of noise disturbances within the Township.
B. 
This chapter aims to ensure that public health, safety and welfare shall not be abridged by the making and creating of public nuisances from disturbing, excessive or offensive noises in Reilly Township. The residents of the Township recognize that uncontrolled noise represents an unreasonable disturbance and 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 noise is minimized for the good of the community. This chapter attempts to foster mutual respect among residents and to establish a community position against noise pollution. The community believes that it should rely on the good sense of all residents to respect one another's living and working environments, and one another's right to an environment that is free from noise disturbances.
C. 
To achieve the intent and purpose of the Board of Supervisors, this chapter regulates noise in two manners: 1) through an objective, reasonable person standard of annoyance (as set forth in § 132-3); and 2) through per se prohibitions on certain types of noise known to cause annoyance (as set forth in §§ 132-4 and 132-5). Noncompliance with any of these methods of sound/noise control constitutes a violation of this chapter and is subject to the penalties provided hereafter.
D. 
This chapter applies to all persons, property, animals, equipment, appliances, instruments, and other sound/noise emitting devices, as hereby regulated.
E. 
The provisions of this chapter are not intended to interfere with, abrogate, or annul other rules, regulations, or ordinances, including the Pennsylvania Crimes Code, Pennsylvania Vehicle Code, or any Pennsylvania Consolidated Statutes. If more stringent requirements concerning sound/noise abatement are contained in the other rules, regulations, or ordinances, the more stringent regulation shall apply. It is also the intent of the Board of Supervisors to not penalize any long-standing business practices or any typical residential or recreation activities throughout the Township, which is why an exemption process has been developed to accommodate legitimate requests for relief from this chapter.
For the purpose of this chapter, the following words, terms, and phrases when used in this chapter shall have the meaning ascribed to them in this section, except when 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 and its revisions) or its successor body.
A-WEIGHTED SOUND LEVEL
The sound-pressure level in decibels (dB) as measured on a sound-level meter using the A-weighing network. The level so read is designated dB(a).
AMBIENT SOUND
The all-encompassing sound associated with a given environment, being usually a composite of sounds from many sources near and far.
CONSTRUCTION OPERATION
The erection, repair, renovation, demolition, or removal of any building or structure, and the excavation, filling, grading, and regulation of lots in connection with it.
DECIBEL (dB)
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).
EMERGENCY
Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage.
EMERGENCY WORK
Any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency.
IMPULSIVE SOUND
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.
MUFFLER or SOUND DISSIPATIVE DEVICE
A device designed for decreasing or abating the level of sound escaping from an engine or machinery system.
NOISE
Any sound which reasonably annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans, excepting any law enforcement, fire house or safe hunting activity including, but not limited to, training sessions and lawful firearm target shooting.
NOISE DISTURBANCE
Any noise which:
A. 
Endangers, or injures the safety or health of humans or animals; or
B. 
Significantly disturbs a reasonable person of ordinary sensibilities; or
C. 
Endangers or injures personal or real property; or
D. 
Is a violation of §§ 132-3, 132-4, or 132-5 of this chapter; or
E. 
Noise when measured at or within the property boundary of the receiving land use exceeds the residential sound-level limit of 57 decibels (dB) between 7:00 a.m. and 10:00 p.m. of the same day or 52 decibels (dB) between 10:00 p.m. and 7:00 a.m. the following day.
PERSON
Any individual, association, trust, partnership, company, club or corporation, including any members, directors, officers, employees, partners, or principals of such entity. Whenever used in any clause prescribing and imposing a penalty, "person" includes the members, trustees, partners, directors, officers, managers, and supervisors, or any of them, of partnerships, associations, corporations, or other forms of entity.
POWERED MODEL VEHICLE
Any self-propelled airborne, waterborne, or landborne plane, vessel, or vehicle which is not designed to caddy persons including, but not limited to, any model airplane, drone, boat, car, or rocket. This definition shall also include dirt bikes, four-wheelers, and all-terrain vehicles ("ATVs") being used to carry persons, but which are not being operated on a street, boulevard, circle, highway, or similar place. To the extent that dirt bikes, four-wheelers, or ATVs are being operated on a public right-of-way, the restrictions in this chapter for such shall be governed by the motor vehicle prohibitions as set forth in § 132-5 below.
PROPERTY LINE (BOUNDARY)
An imaginary line or party wall that separates adjoining lands or the dwelling units of apartments, condominiums, townhomes, semidetached or single homes, row houses or duplexes, drawn through the points of contact of adjoining lands or, in the case of apartments, condominiums, townhouses, semidetached, row houses and duplexes owned, rented, or leased by different persons, a demarcation or a line of separation between dwelling units or properties. In the circumstances of any two or more buildings sharing common grounds, the line drawn midway between any two such buildings. All areas devoted to public right-of-way or a common or shared area shall be deemed to be across the property line.
PUBLIC RIGHT-OF-WAY
Any street, avenue, boulevard, circle, highway, sidewalk, or similar place which is owned or controlled by a governmental entity.
PUBLIC SPACE
Any real property, or structures thereon, which is owned or controlled by a governmental entity.
REAL PROPERTY
All land, whether publicly or privately owned, whether improved or not improved, with or without structures, exclusive of any areas devoted to the public right-of-way.
SOUND
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 or the superposition of such propagated oscillation which evokes an auditory sensation. The description of sound may involve any characteristics such as duration, intensity, and frequency.
SOUND LEVEL
The weighted sound-pressure level obtained by the use of a sound-level meter and frequency weighing network, such as A, B or C.
SOUND-LEVEL METER
An instrument used to measure sound level.
SOUND PRESSURE
The instantaneous difference between the actual pressure and the average or barometric pressure at a given point in space, as produced by sound energy.
SOUND-PRESSURE LEVEL
The level of a sound measured in decibel (dB) units with a sound-level meter which has a uniform ("flat") response over the band of frequencies measured.
TOWNSHIP
Reilly Township, Schuylkill County, Pennsylvania.
It shall be unlawful for any person to make, continue or cause to be made or continued a noise disturbance within the limits of Reilly Township, except as otherwise permitted in this chapter. Noncommercial public speaking and public assembly activities shall be exempt from the operation of this chapter.
The following acts and the causing thereof are declared to be noise disturbances, and therefore in violation of this chapter:
A. 
Radios, disc players, computers, speakers, telephone, television sets, musical instruments, and similar devices. Operating, using or playing of any stationary, portable or mobile radio, disc player, computer, telephone, television, phonograph, drum, musical instrument, sound/noise amplifier, speakers, or similar device which produces, reproduces, or amplifies noise to the extent that such use creates a noise disturbance:
(1) 
At any time and in such a manner as to cause a noise disturbance across a property line (boundary) or any day between the hours of 10:00 p.m. and 7:00 a.m. of the following day so as to be plainly audible across a property line (boundary); or
(2) 
In such a manner as to create a noise disturbance across a property line (boundary) or at 20 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; or
(3) 
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.
B. 
Yelling and shouting. Engaging in loud or raucous yelling, hooting, whistling, or singing:
(1) 
On the public streets between the hours of 10:00 p.m. and 7:00 a.m. of the following day; or
(2) 
At any time or any place in such a manner as to create a noise disturbance.
C. 
Construction tools or equipment. Operating or permitting the operation of any tools or equipment used in construction operations, drilling, or demolition work:
(1) 
Between the hours of 10:00 p.m. and 7:00 a.m. of the following day, such that the noise therefrom creates a noise disturbance across a residential property line (boundary), except for emergency work. This Subsection C shall not apply to the use of domestic power tools as provided in Subsection D.
D. 
Domestic power tools. Operating or permitting the operation of any mechanically powered saw, drill, sander, grinder, lawn/garden tool, lawn mower, or similar devices used outdoors between the hours of 10:00 p.m. and 7:00 a.m. of the following day so as to cause a noise disturbance across a residential property line (boundary), except in an emergency.
E. 
Loading and unloading. Loading, unloading, opening, closing, or otherwise handling of boxes, crates, containers, building materials, garbage cans, or other objects between the hours of 10:00 p.m. and 7:00 a.m. of the following day, in such a manner as to cause a noise disturbance across a residential property line (boundary). Such restrictions shall also apply to truck idling and truck refrigerants.
F. 
Street sales. No person shall offer for sale or sell by shouting, outcry, or by any other amplified or unamplified noise, except between the hours of 7:00 a.m. and 7:00 p.m. of the same day.
G. 
Animals and birds. Owning, possessing, harboring, or controlling any animal or bird which howls, crows, barks, meows, squawks, or makes other noises continuously and/or incessantly for a period of 10 minutes or makes noise intermittently for 30 minutes or more to the unreasonable disturbance of any person living nearby 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 serves to tease or provoke the animal or bird.
H. 
Tampering. No person shall remove or render inoperative, other than for purposes of maintenance, repair, replacement, or other work, any muffler, baffle or noise-dissipative device or element of design or noise label of any product; nor intentionally remove or render inaccurate or inoperative any noise-monitoring instrument or other device positioned by or for the Township or other government entity, provided that such device or the immediate area is clearly labeled or posted to warn of the potential illegality, nor use a product which has had a muffler, baffle or noise-dissipative device or element of design or noise label removed or rendered inoperative with knowledge or reason to know that such action has occurred.
I. 
Vehicle, motorboat, or aircraft repairs and testing. No person shall build, repair, rebuild, test, or otherwise work on any motorcycle, truck, automobile, or other motor vehicle, all-terrain vehicle, motorboat, or aircraft in such a manner as to cause a noise disturbance across a property line (boundary).
J. 
Powered motor vehicles. No person shall operate a motorcycle, truck, automobile, all-terrain vehicle or other motor vehicle in such a manner as to cause to create a noise disturbance.
A. 
Motor vehicles and motorcycles on public rights-of-way. No person shall operate or cause to be operated a motor vehicle, 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 or noise level emitted by the motor vehicle, motorcycle, or any equipment attached to such a vehicle exceeds the level set forth in 67 Pa. Code Chapter 157, "Established Sound Levels."
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 than 15 minutes in any hour while the vehicle is stationary, for reasons other than traffic congestion, anywhere within 150 feet of any residential property line (boundary) 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 operating such a vehicle or unless necessary in the testing of such for state inspection purposes. This Subsection C shall not apply to a brief, momentary use of the vehicle horn in appropriate situations, such as greeting a pedestrian or arriving at a residence, so long as such use does not become a noise disturbance or result in a danger to the public.
D. 
Sound trucks. No person shall operate 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 sound or noise emissions as set forth in this chapter.
The noise prohibited in §§ 132-3, 132-4, and 132-5 of this chapter 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 residencies, including apartments and condominiums located within the same building or 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. This is not the exclusive example of a prima facie violation.
The following noises are exempted from these provisions:
A. 
Blasting. Only if performed in accordance with a permit issued by the official in charge of the appropriate Code Enforcement Office or its designee. Such blasting may occur only between 9:00 a.m. and 4:00 p.m., Monday through Friday, unless specifically authorized otherwise by the permit.
B. 
Concerts, etc. Band concerts, block parties, carnivals, or other performances, or similar activities, publicly or privately sponsored, and presented in any public or private space outdoors, so long as:
(1) 
Such activities do not occur between the hours of 10:00 p.m. and 7:00 a.m.; and/or
(2) 
All necessary permits as defined by Reilly Township ordinances or any other law or regulation have been procured, i.e., special event permit.
C. 
Emergency work. Noise caused by the performance of emergency work or by the ordinary and accepted use of emergency apparatus and equipment.
D. 
Municipal and utility services. Noise resulting from the provision, repair and maintenance of municipal/governmental facilities, services or public utilities.
E. 
Amplified announcements. Noise created by organized church or school related programs, activities, athletic and entertainment events, or other public programs, activities, or events, other than motor vehicle racing events.
F. 
Warning devices. Noise made by warning devices operating continuously for three minutes or less, except that, in the event of an actual emergency, the limitation shall not apply.
G. 
Celebrations. Noise made by bells, chimes, used for religious purposes, or in conjunction with national, state, or local celebrations or public holidays; existing bells, chimes, and clock strike mechanisms that are currently in use for any purpose.
H. 
Snow blowers. Noise made by snow blowers or similar snow removal equipment used in the maintenance of private or public property following snowstorms.
Since the Board of Supervisors realizes there are long-standing legitimate commercial and residential activities that may be unintentionally affected by this chapter, upon timely receipt of a written request form for exemption, the Board of Supervisors may grant an exemption, subject to whatever conditions the Board of Supervisors may include. The exemption from this chapter will be for whatever period of time is determined by the Board of Supervisors, subject to review by the present or any future Board of Supervisors, as warranted.
This chapter shall be enforced by the Township's authorized Police Department or its successor, any other lawful State Police Department, as well as any Township designated Code Enforcement Officer, Health Officer or Fire Department official.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates or permits the violation of any provision of this chapter shall, upon conviction in a summary proceeding brought before the Magisterial District Judge, be guilty of a summary offense and shall be subject to the payment of a fine of not less than $100 and not more than $1,000, plus the costs of prosecution. Upon default of payment thereof, the violator may be sentenced to imprisonment in the county prison for a period of not more than 90 days. Each section or provision of this chapter that is violated shall constitute a separate offense, and each day or portion thereof in which a violation of this chapter is found to exist shall constitute a separate offense, each of which violation shall be punishable by a separate fine imposed by the Magisterial District Judge of not less than $100 and not more than $1,000 plus the costs of prosecution and, upon default of payment, the violator may be sentenced to imprisonment in the county prison for a term not more than 90 days.
A. 
If any provision, paragraph, word, section, or subsection of this chapter is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words, sections, or subsections shall not be affected, and shall remain in full force and effect.
B. 
If any section, subsection, sentence, or clause of this chapter is held, for any reason, to be invalid, such decision shall not affect the validity of the remaining portions of this chapter.
Any ordinance or part of an ordinance conflicting with the provisions of this chapter shall be and the same is hereby repealed to the extent of such conflict. All relevant ordinances, regulations, and policies of Reilly Township not amended shall remain in full force and effect.