[HISTORY: Adopted by the Board of Supervisors of the Township
of East Lampeter as indicated in article histories. Amendments noted
where applicable.]
[Adopted 4-2-2018 by Ord.
No. 336]
This article shall be known as the "East Lampeter Township Noise
Ordinance."
This article is enacted pursuant to the Second Class Township
Code.[1]
[1]
Editor's Note: See 53 P.S. § 65101 et seq.
The purpose of this article is to ensure that public health,
safety and welfare shall not be abridged by the making and creating
of noise pollution or of public nuisances from disturbing, excessive
or offensive noises in the Township. The residents of the Township
recognize that uncontrolled noise represents a 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 impulsive
and amplified noise is minimized for the community good. It is the
purpose and scope of this article to provide regulations defining
a noise disturbance that vehicles, appliances and equipment shall
be not allowed to produce within specified distances from their neighbors,
and also to provide for the prohibition of other kinds of offensive
noises. These regulations and prohibitions are intended to protect
the physical, mental and social well-being of the residents of East
Lampeter Township.
The Board of Supervisors finds that failure of individuals,
businesses, industries, persons maintaining animals, social gatherings
and other activities to regulate the noise emanating from their premises
constitutes a violation of the peace and enjoyment of the residents
of the Township and a public nuisance. Specifically, such noise emanating
from home occupations, businesses, industries, between certain hours,
sound amplification equipment, radios, electronic sound recording
equipment, vehicles, persons maintaining nonfarm animals, social gatherings,
and other activities:
A.
Creates a nuisance in that residents are deprived of the enjoyment
of their homes, disturbed in their sleep, and otherwise prevented
from the quiet enjoyment of their residential premises;
B.
Affects the property values of residences in the Township;
C.
Affects the public welfare by reflecting negatively on the quality
of life in residential areas of the Township;
D.
Disturbs the peace and good order of the Township; and
E.
Creates noise pollution.
As used in this article, the following terms shall have the
meanings indicated:
Any sound that annoys or disturbs a reasonable person with
normal sensitivities, or any sound that injures or endangers the comfort,
repose, health, hearing, peace or safety of the other persons.
An individual, or any association, partnership, corporation,
company, sole proprietorship, or other business entity, including
any officer, employee, workman or agent thereof.
A.
Noise disturbance prohibited. No person shall make, continue or cause
to be made any noise disturbance, nor shall any person suffer, allow
or permit any noise disturbance to be made or continued from or at
any property, whether real or personal, that is subject to such person's
right to control.
B.
Specific prohibitions. 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, phone, phonograph, drum, musical instrument, sound amplifier,
automobile radio, wireless speaker, automobile stereo, high-fidelity
equipment or similar device which produces, reproduces or amplifies
sound: At any time in such a manner as to cause a noise disturbance
across a property line (boundary), or between the hours of 10:00 p.m.
and 6:00 a.m. so as to be plainly audible across a property line (boundary);
(2)
Power equipment. Operating or causing to be operated any motorized
or power equipment (mechanically powered saw, drill, sander, grinder,
lawn or garden tool, or similar device are examples) outdoors or inside
an open garage or open shed on a residential zoned or used property
between the hours of 10:00 p.m. and 6:00 a.m. except where a permit
for the work being performed has been issued or is required or in
the event of a weather event, power loss or emergency where equipment
such as snow blowers, generators, pumps and similar equipment is utilized.
(3)
Off-road vehicles. Using or operating any recreational gas-powered
off-road vehicles, including but not limited to, all-terrain vehicles
(ATVs), snow mobiles and dirt bikes, between the hours of 10:00 p.m.
and 6:00 a.m. This does not apply to any farm equipment or farm vehicles.
(4)
Device used on public right-of-way or in public space 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.
(5)
Yelling or shouting behavior. Engaging in loud or raucous yelling,
shouting, hooting, whistling or singing on the public streets between
the hours of 10:00 p.m. and 6:00 a.m.
(6)
Construction operations. Operating or permitting the operation of
any tools or equipment used in construction operations, drilling or
demolition work between the hours of 10:00 p.m. and 6:00 a.m. the
following day, such that the sound therefrom creates a noise disturbance
across a property line of a residential zone or use, except for emergency
work.
(7)
Animals and birds. 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 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.
(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 except between the hours of 6:00 a.m. and 10:00
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 intentional moving or rendering inaccurate or inoperative
of any sound monitoring instrument or device positioned by or for
the Police, provided that such device or designated area is clearly
labeled in accordance with noise control regulations to warn of the
potential illegality; and
(c)
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 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).
(11)
Fireworks. The setting off of noise making fireworks between
the hours of 11:00 p.m. and 6:00 a.m. the following day, unless a
fireworks permit has been obtained from the Township which establishes
a different time period, in which case the time period established
by the permit shall control.
A.
This chapter shall be enforced by the East Lampeter Township Police
Department.
B.
A violation or violations of this chapter may be the cause for the
issuance of a nontraffic citation to the violator(s), provided, however,
that in lieu of the issuance of a nontraffic citation, enforcement
personnel may issue a warning notice to the violator(s), in writing,
which may be served personally or by certified mail, return receipt
requested, to the last known address of the violator(s). The notice
shall state the nature of the violation and a specific time period
for the correction and abatement of the violation. Failure to comply
with the notice shall constitute a violation of this chapter. If the
violator(s) is a business entity or its agents, servants, workmen
or other representative(s) of the business entity, the address of
the business entity shall be presumed to be the correct mailing address
for such business entity.
C.
The violation of this chapter is declared to be a public nuisance
and may be subject to abatement summarily by a restraining order or
injunction issued by a court of competent jurisdiction or in any other
manner available for the abatement of public nuisances.
D.
Any remedy available pursuant to this chapter shall be considered
separate and not exclusive of any other remedy available hereunder.
E.
Nothing in this chapter shall be construed to impair any cause of
action or legal remedy of any person for injury or damage arising
from any violation of this chapter.
A.
If upon conviction of a summary offense by a court of competent jurisdiction
it is determined that a violation of this chapter has occurred, and
if the violator is an individual who is not a business entity, the
violator shall be sentenced to pay a fine of not less than $50 and
not more than $200, plus all court costs and reasonable attorneys'
fees.
B.
If after a summary proceeding in a court of competent jurisdiction
it is determined that a violation of this chapter has occurred, and
if the violator is an individual who is a business entity, the violator
shall be sentenced to pay a fine of not less than $200 and not more
than $600, plus all court costs and reasonable attorneys' fees.
C.
For ongoing violations, each day during which a violation occurs
shall be considered a separate violation subject to separate penalties.
A.
All ordinances or parts thereof inconsistent with the provisions
of this article are hereby repealed to the extent of the inconsistency.
B.
The provisions of this article are declared to be severable. If any
provision of this article is declared by a court of competent jurisdiction
to be invalid or unconstitutional, such determination shall have no
effect on the remaining provisions of this article or on the provision
of the East Lampeter Township Code.
C.
This article shall be effective five days following its legal enactment.
