[HISTORY: Adopted by the Board of Supervisors of the Township
of Patton as indicated in article histories. Amendments noted where
applicable.]
[Adopted 8-15-2018 by Ord. No. 2018-595 (Ch. 105, Art. I, of the 1996 Code)]
It is the purpose and scope of this article to provide regulations
defining the maximum sound levels that persons, vehicles, appliances
and equipment shall be allowed to produce. 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 noise
is minimized for the community good.
This article shall apply to the following unless exempted in § 219-3:
The following devices and/or activities are exempt from the
provisions of these regulations:
A.
Aircraft (except model aircraft).
B.
Police, fire, ambulance and other
governmental emergency vehicles.
C.
Backup alarm devices on trucks
and other equipment when installed and operated in accordance with
Society of Automotive Engineers recommended practice J 994, "Criteria
for Back-up Alarm Devices."
D.
Governmental warning devices (i.e.,
civil defense or fire siren).
E.
Commercial agricultural activities within the A-1 District on parcels where such activities are permitted under Chapter 425 of the Patton Code. Includes customary accessory activities such as timbering, other silvicultural activities, and related activities. Building construction on these parcels is not exempt.
F.
Commercial agricultural activities
within districts other than the A-1 District where such activities
were customarily practiced prior to the effective date of the enabling
ordinance for this article. Building construction on these parcels
is not exempt.
G.
Existing weapons firing ranges
between the hours of 7:00 a.m. and 7:00 p.m. or sundown, whichever
is later.
I.
Bells, chimes and carillons used
for religious purposes or in conjunction with national celebrations
or public holidays.
J.
Residential property maintenance
activities between the hours of 7:00 a.m. and 7:00 p.m. or sundown,
whichever is later.
K.
Snow removal. The operation of
snow-removal equipment necessary for the removal of snow or ice from
public or private streets, alleys, drives, sidewalks, and parking
areas, provided that any motor vehicle used for snow removal which
is required to be licensed shall be equipped with an exhaust system
in good working order to prevent excessive or unusual noise and shall
be equipped to prevent engine noise in excess of the limits established
by the laws or statutes of the Commonwealth of Pennsylvania. Also,
any motor-driven vehicle of a type not subject to registration for
road use or domestic snow-removal equipment shall be equipped with
an exhaust system or mufflers in good working order to prevent excessive
or unusual noise.
L.
Fireworks authorized under Pennsylvania
law may be discharged until 10:00 p.m., except on July 4 fireworks
may be discharged until 11:00 p.m. and on December 31 fireworks may
be discharged from 11:45 p.m. until 12:15 a.m. of the following day
( i.e., January 1). Fireworks operators must comply with all applicable
state laws and local permitting.
[Amended 9-23-2020 by Ord. No. 2020-610]
The following words and phrases, when used in this article,
shall have the meanings given in this section:
Any device or combination of devices used or capable of being
used as a means of accomplishing a desired end, such as a window air-conditioning
unit.
Includes the use of heavy construction equipment (including
pile drivers, crawler-tractors, bulldozers, rotary drills and augers,
loaders, power shovels, cranes, derricks, motor graders, paving machines,
ditchers, trenchers, compactors, scrapers, pavement breakers, compressors,
pneumatic power equipment and similar devices) for the duration of
such construction and/or demolition work, provided such are operated
within the manufacturer's specifications and with all standard noise-reducing
equipment in use, unmodified and in proper operating condition.
Any devices or combination of devices to accomplish a desired
end, such as a chainsaw, leafblower, bulldozer, etc.
Any sound emitted by a person, animal, vehicle, appliance,
equipment or other device.
Any person appointed by the Township with responsibility
to enforce municipal ordinances; or any sworn member of the Patton
Township Police Department.
The person owning, leasing, occupying or having charge of
any premises within the Township.
Any natural person, firm, partnership, association, corporation,
company or organization of any kind.
Sound that is of a volume, frequency, or pattern that prevents,
disrupts, injures, or endangers the health, safety, welfare, comfort
or repose of reasonable persons of ordinary sensitivities within Patton
Township, given the time of day, location, and/or other relevant factors
in which and where the sound is made.
Any device, or combination of devices, used for or capable
of being used for transporting persons or property. Vehicles include,
but are not limited to, the following: automobiles, trucks, buses,
motorcycles, motorized bicycles, snowmobiles, scooters, all-terrain
vehicles, go-carts, racers and like devices, farm machinery, industrial
machinery, highway graders, trailers, and semitrailers.
A.
Except as otherwise provided in
this article, it shall be unlawful for any person to make or cause
to be made any unreasonable noise or to allow any unreasonable noise
to be caused or made in or on any real or personal property occupied
or controlled by that person.
B.
In addition to the foregoing,
it shall also be unlawful for any person to create, assist in creating
or, as owner, lessee or occupant of the property on which the activity
is located, permit any of the following acts:
(1)
Radios, stereos, and musical
instruments. The playing of any radio, stereo, television set, amplified
or unamplified musical instrument, loudspeaker, tape recorder, compact
disc player, or other such electronic sound-producing devices, in
such a manner or with volume that is:
(a)
Plainly audible beyond
the property line of a single-family dwelling unit from which it is
generated or outside of the duplex dwelling unit or individual dwelling
unit of the multiple-family dwelling unit from which it is generated;
or
(b)
Plainly audible at a distance
of 50 feet from the vehicle in which it is generated; or
(c)
Plainly audible at a distance
of 50 feet from its location on public property or private property
open to the general public; or
(d)
Causing or has caused vibrations
with a bass within a dwelling unit or within a vehicle other than
the unit or vehicle from which it is/was generated.
(2)
Shouting and whistling. Continuous
or repeated yelling, shouting, crying, calling, loud whistling, or
loud singing, so as to disturb the peace, comfort, or repose of others
within the Township by being plainly audible to persons within any
dwelling, hotel, hospital, office or other type of residence other
than that from which it originates.
(3)
Other noises. By means of
any whistle, rattle, bell, gong, drum, clapper, hammer, horn, vuvuzelas,
signaling device, siren, or by other means which disturbs the peace,
comfort, or repose of others within the Township by being plainly
audible to persons within any dwelling, hotel, hospital, office or
other type of residence other than that from which it originates.
(5)
Other excessive noise. The
creation of any other excessive or unreasonably loud noise which disturbs
the peace, comfort, or repose of others within the Township by being
plainly audible to persons within any dwelling, hotel, hospital, office
or other type of residence other than that from which it originates.
Construction activities shall not begin before 7:00 a.m. on
Monday through Saturday, and not before 8:00 a.m. on Sunday, except
as may be exempted below. Construction activities shall be scheduled
to conclude each day by 7:00 p.m. except as may be exempted below.
A.
Exceptions, modifications and
waivers.
(1)
The Board of Supervisors designates
the Township Manager as the point of contact for requests for exceptions,
modifications or waivers from this policy.
(2)
In reviewing a request for
an exception, modification or waiver, the value of affording residents
a quiet night's sleep will always far outweigh a contractor's desire
to schedule work hours outside of the policy limits. In almost all
circumstances, a request for an exception, modification or waiver
for work in a residential section or near lodgings and dwellings will
be denied.
(3)
The Township Manager will
engage with a requestor to determine the least intrusive method available
to address the contractor's needs while still protecting residents.
(4)
All decisions by the Manager
for exceptions, modifications or waivers will be in writing. Approvals
may be conditioned on the contractor's agreement to undertake certain
mitigating actions. Denials shall state the Manager's rationale for
not approving the request.
(5)
The Manager may elect to send
the request to the Board of Supervisors for consideration. No special
meetings of the Board will be called to consider a request.
(6)
The Manager's decision to
deny or approve with conditions may be appealed to the Board. The
request for appeal must be in writing, must provide the contractor's
rationale for the appeal, and must provide means to mitigate residents'
disruption.
(7)
All decisions by the Board
for exceptions, modifications or waivers will be in writing. Approvals
may be conditioned on the contractor's agreement to undertake certain
mitigating actions. Denials shall state the Board's rationale for
not approving the request.
B.
Emergencies. The Township recognizes
that emergencies may occur, both on public and private property, that
would involve construction or construction-like activities being utilized
to address emerging issues that can pose hazards to people and property.
In such cases, as soon as practicable, the Township shall be notified.
(1)
Once an emerging issue has
been stabilized, the Manager or their designee will engage with the
responsible party (owner, contractor, or lead agency) to determine
the remaining scope of the response and recovery efforts. Based on
the nature of the emergency and the scope of the recovery, the Manager
will offer guidance to the responsible party to balance the recovery
requirements and the health, safety and welfare of the public.
(2)
The Manager or their designee
will continue to engage with the responsible party until such time
that the remaining activities enter a nonemergency phase. After that
point, the responsible party shall comply with the policy or seek
an exception, modification or waiver (see above).
C.
Exemptions.
(1)
Construction activities within
PennDOT's limited access rights-of-way.
(2)
Work performed under an emergency
declaration.
(3)
Work performed as part of
an emergency response under the direction of an incident commander
or a unified command.
(4)
Certain seasonal activities
wherein exposure to the elements can be harmful to workers. For example,
roofing work during hot weather may commence prior to 7:00 a.m.
(5)
Specific construction activities
that involve materials that are temperature sensitive. For example,
large concrete placements during hot weather may commence prior to
7:00 a.m.
A.
In reviewing a request for a waiver,
the value of affording residents a quiet night's sleep will always
far outweigh an applicant's desires. In almost all circumstances,
a request for a waiver that would impact a residential section or
nearby lodgings and dwellings will be denied.
B.
Written applications for a waiver
to this article shall be submitted to the Board of Supervisors at
least 60 days prior to the event.
(1)
No special meetings of the
Board will be called to consider a request.
C.
The application must be submitted
on the form provided by the Township (Waiver Application[1]).
[1]
Editor's Note: Said application is included as an attachment to this chapter.
D.
The Board may engage with a requestor
to determine the least intrusive method available to address the applicant's
needs while still protecting residents.
E.
All decisions by the Board for
a waiver will be in writing. Approvals may be conditioned on the applicant's
agreement to undertake certain mitigating actions. Denials shall state
the Board's rationale for not approving the request.
A.
Any person found guilty of violating
provisions of this article shall be fined not less than $100 for the
first offense, and not less than $500 for any subsequent offenses
in any 120-day period and, upon failure to pay such fine, shall be
sentenced to jail for a term not to exceed 30 days for each offense.
B.
A penalty provided for under this
article may be imposed in addition to any penalty that may be imposed
for any other criminal offense arising from the same conduct.
C.
A separate and distinct offense
shall be committed each day that a violation of the terms of this
article continues to exist.
[Amended 9-23-2020 by Ord. No. 2020-610]
A.
The provisions of this article shall be enforced
by Township police officers, Township ordinance enforcement officers,
and others designated by the Township Manager.
B.
Nothing in this chapter shall prevent a Township
official from exercising discretion when investigating reported minor
violations. Other resolutions in lieu of a citation may be considered
in those instances.
