[HISTORY: Adopted by the Board of Commissioners of Colebrookdale Township 2-5-2018 by Ord. No. 1-2018. Amendments noted where applicable.]
A. 
Intent and purpose. The Board of Commissioners finds that excessive levels of sound are generally detrimental to the physical, mental and social well-being of the people; to their comfort, living conditions, general welfare and safety, and injurious to the community; and, in particular, to neighbors of those who perpetrate such excessive levels of sound. Therefore, being a public health and welfare hazard, the Board of Commissioners hereby declares, pursuant to the authority granted in Section 53 P.S. § 56579.11 of the First Class Township Code, as amended, that it is necessary to provide, and hereby provides, for more effective control and regulation of excessive sound, and the sources of excessive sound, within the Township of Colebrookdale.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
Methods of noise control. To achieve the intent and purpose of the Board Commissioners, this chapter regulates noise generally through a reasonable person standard of annoyance; notice of specific conduct substantially likely to cause noise known to cause annoyance to a reasonable person; and the prohibition of certain defined activities.
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 or its successor body, as amended.
AMBIENT SOUND
The all-encompassing noise associated with a given environment, being usually a composite of sounds from many sources near and far.
ANIMAL
Any living creature other than a human being, including but not limited to mammals, reptiles, birds, as well as domestic, feral, and wild creatures.
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 therewith.
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.
NEGLIGENTLY
A person acts negligently when he should be aware of a substantial and unjustifiable risk that his conduct will result in a noise disturbance. The risk must be of such a nature and degree that the actor's failure to perceive it, considering the nature and intent of his conduct and the circumstances known to him, involves a deviation from the standard of care that a reasonable person would observe in the actor's situation.
NOISE
Any sound which annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans, excepting any law enforcement activity, including, but not limited to, training sessions.
NOISE DISTURBANCE
Any sound, except for sound resulting from any activity provided for in § 355-7 and/or any law enforcement activity including but not limited to training sessions, which:
A. 
Endangers or injures the safety or health of humans or animals;
B. 
Annoys or disturbs a reasonable person of normal sensitivities; and/or
C. 
Endangers or injures personal or real property.
PERSON
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. Whenever used in any clause prescribing and imposing a penalty, the term "person" shall include the 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.
POWERED VEHICLE
Any dirt bikes, three-/four-/multiwheeled vehicles, and all-terrain vehicles (ATV) being used to carry persons, but which is not being operated on a street, avenue, boulevard, highway, or alley as well as any self-propelled airborne, waterborne or land-borne plane, vessel or vehicle which is not designed to caddy persons, including, but not limited to, any model airplane, boat, car or rocket.
PROPERTY LINE (BOUNDARY)
An imaginary line or party wall that separates adjoining lands or the dwelling units of apartments, condominiums (as defined by the Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq.), mobile homes, townhomes or duplexes, drawn through the points of contact of adjoining lands, or, in the case of apartments, mobile homes, condominiums, townhouses and duplexes owned, rented or leased by different persons, a demarcation or a line of separation between dwelling units (or "unit" as defined by the Uniform Condominium Act) of 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, highway, sidewalk, alley 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 public right-of-way.
RECKLESSLY
A person acts recklessly with respect to this chapter when he consciously disregards a substantial and unjustifiable risk that a noise disturbance will result from his conduct. The risk must be of such a nature and degree that, considering the nature and intent of the actor's conduct and the circumstances known to him, its disregard involves a gross deviation from the standard of conduct that a reasonable person would observe in the actor's situation.
No person shall make, continue to make, or cause to be made or continued any noise disturbance, nor shall any person 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. A person is in violation of this chapter if he or she:
A. 
Negligently makes, continues, or causes to be made any noise disturbance, or allows or permits 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 said property, caused by any action provided in § 355-4;
B. 
Recklessly makes, continues, or causes to be made any noise disturbance, or recklessly allows or permits 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 said property; caused by any action or inaction not otherwise provided for within § 355-4 or prohibited within § 355-5; or
C. 
Acts in violation of § 355-5.
The following acts are declared to be substantially likely to result in a noise disturbance:
A. 
Radios, television sets, musical instruments and similar devices. Operating, using or playing of any radio, television, phonograph, drum, musical instrument, sound amplifier, automobile radio, automobile stereo or high fidelity equipment or similar device which produces, reproduces, or amplifies sound:
(1) 
Between the hours of 10:00 p.m. and 7:00 a.m., so as to be plainly audible across a property line (boundary); or
(2) 
In such a manner as to be plainly audible 50 feet from such device 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) 
When operated by any passenger on a common carrier.
B. 
Yelling and shouting. Engaging in loud or raucous yelling, hooting, whistling or singing in a public place or on a public street between the hours of 10:00 p.m. and 7:00 a.m.
C. 
Construction tools or equipment. 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 7:00 a.m. on Monday through Sundays so as to be plainly audible across a residential property line (boundary), except for emergency work.
D. 
Powered vehicle. Operation of a motorcycle, dirt bike, three-/four-/multiwheeled recreational vehicle, ATV, go-kart, snow mobile, or other powered recreational vehicle in a manner so as to create a noise disturbance plainly audible across a residential property line for a cumulative period of more than 15 minutes during any single twenty-four-hour period of time.
E. 
Domestic power tools. Operating or permitting the operation of any mechanically powered saw, drill, sander, grinder, lawn or garden tool, log splitter or similar device used outdoors for noncommercial, nonproprietary use on one's own property in residential areas between the hours of 10:00 p.m. and 7:00 a.m. on any day so as to be plainly audible across a residential property line (boundary), except in an emergency. Residential areas shall be defined for the purposes of this chapter as any area within the Township on which a residential dwelling unit is situated.
F. 
Loading and unloading. Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials or similar objects between the hours of 10:00 p.m. and 7:00 a.m. in such a manner as to be plainly audible across a residential property line (boundary). Such restrictions shall also apply to truck idling and truck refrigeration units.
G. 
Animals. Owning, possessing, harboring and/or controlling, whether legally or illegally, any animal which howls, barks, crows, meows, squawks, snorts, growls, screeches, roars, "bah-gawks," "cock-a-doodle-doos," screams, squeaks, clicks, chirps, caws, bleats, quacks, honks, hisses, neighs, whines, chatters, bellows, moos, hoots, oinks, coos, gobbles, sings, groans, or makes other sounds of a similar nature, continuously or intermittently for a period of 15 minutes so as to be plainly audible to any nonowner of the animal at any time of the day or night, regardless of whether the animal is situated in or upon private property; provided, however, that the time the animal 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.
H. 
Street sales. Offering for sale or selling by shouting or outcry, or by any other simplified or unamplified sound.
I. 
Vehicle, motorized watercraft or aircraft repairs and testing. Repairing, rebuilding or testing any motor vehicle, motorcycle, motorboat or aircraft in such a manner so as to be plainly audible across a property line (boundary).
The following acts are specifically prohibited:
A. 
The removal or rendering inoperative by any person, other than for the 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 other than for the purposes of maintenance, repair or replacement, with knowledge that such action has occurred.
Any noise 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, mobile homes, and condominiums located within the same building, which are 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.
Noise resulting from the following activities is exempted from the provisions of this chapter:
A. 
Agricultural operations. Noise generated by, or emanating from, agricultural operations (including, but not limited to, operation of agricultural equipment, raising of animals, cultivating or storage of crops, repair of buildings and/or equipment) conducted on properties which are part of the Colebrookdale Township Agricultural Security Area.
B. 
Amplified announcements. Stationary electronically amplified announcements at athletic events, political events and civic events.
C. 
Blasting. Blasting, under proper permit, provided such blasting may occur only between the hours of 9:00 a.m. and 4:00 p.m., Monday through Friday, unless otherwise specifically authorized by permit.
D. 
Public or private concerts. Concerts, band concerts, block parties, church carnivals, or other performances or similar activities publicly or privately sponsored and presented in any public or private space, provided:
(1) 
Such activities shall only occur in hours approved by the Board of Commissioners.
(2) 
All necessary permits as defined by Township ordinances have been procured (i.e., special event permit).
E. 
Emergency work. Sounds caused by the performance of emergency work, or by the ordinary and accepted use of emergency apparatus and equipment, or any other activities, conducted by police, fire or other emergency service providers.
F. 
Municipal and utility services. Sounds resulting from the repair or replacement of, in or about the public right-of-way of any municipal or utility installation.
G. 
School and public activities. Sounds created by organized school-related programs, activities, athletic and entertainment events, or other public programs, activities or events, other than motor vehicle racing events, not electronically amplified.
H. 
Warning devices. Sounds made by the operation of warning devices in the event of an actual emergency or operating continuously, or for three minutes or less in the absence of an actual emergency.
A. 
Any person who shall violate any provision of this chapter, upon conviction thereof in an action brought before a Magisterial District Judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000, plus court costs and reasonable attorneys' fees incurred by the Township in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day that a violation of this chapter continues or each section of this chapter which shall be found to have been violated shall constitute a separate offense.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
Notwithstanding § 355-9A, above, a member of the Colebrookdale Township Police Department asked to enforce this chapter may, in his/her discretion, issue a written warning to a person who is, for the first time in the case of that individual, found to be in violation of the terms of this chapter.
The rights and remedies of the Township as prescribed by this chapter or otherwise by law with respect to nuisances resulting from noise, and the criminal sanctions herein provided, shall be cumulative, and the pursuit of one shall in no way preclude simultaneous or subsequent pursuit of another.
The provisions of this chapter shall be severable and if any of its provisions shall be held to be unconstitutional or illegal, the validity of any of the remaining provisions of this chapter shall not be affected thereby. It is hereby expressly declared as the intent of the Township that this chapter would have been adopted had such unconstitutional or illegal provision or provisions not been included herein.
All other ordinances or parts of ordinances which are inconsistent herewith are hereby repealed.