[Ord. No. 193, 3/6/2024]
This Part shall be known as the "Upper Nazareth Township Noise
Ordinance."
[Ord. No. 193, 3/6/2024]
This Part is enacted pursuant to the Second Class Township Code.[1]
[1]
Editor's Note: See 53 P.S. § 65101 et seq.
[Ord. No. 193, 3/6/2024]
The purpose of this Part 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 Part to provide regulations prohibiting offensive noise that
vehicles, appliances and equipment may generate, and 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 Upper Nazareth Township.
[Ord. No. 193, 3/6/2024]
1.
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, sound amplification equipment,
radios, electronic sound recording equipment, vehicles, persons maintaining
animals, social gatherings, and other activities which:
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.
[Ord. No. 193, 3/6/2024]
The following words and phrases, when used in this Part, shall
have, unless the context clearly indicates otherwise, the meanings
given to them in this section:
Excessive noise is that sound which is: 1) injurious or which
unreasonably interferes with the comfortable enjoyment of life and
property; 2) annoying to a person of ordinary sensibilities.
Sound of short duration, usually less than one second, with
an abrupt onset of rapid decay. Examples of impulsive sound include:
explosions, drop forge impacts, and the discharge of firearms.
10:00 p.m. to 7:00 a.m., prevailing time, conversely, day
time is 7:00 a.m. to 10:00 p.m., prevailing time.
Any sound emitted by a person, animal, appliance, equipment,
instrument, or other device which annoys or disturbs humans or which
causes or tends to cause an adverse psychological effect on humans.
Any electrical, mechanical, or chemical device or instrument
or combination thereof, that creates noise during its operation by
a person.
Any sound which:
Endangers, would endanger or is likely to endanger, or injures,
would injure or is likely to injure, the safety or health of humans
or animals;
Annoys, would annoy or is likely to annoy, or disturb a reasonable
person of normal sensibilities;
Endangers, would endanger, or is likely to injure, personal
or real property;
Disturbs, or is likely to disturb, the peace; or
Creates, would create, or is likely to create, a nuisance.
Noise of such loudness and character from a single source
or from multiple sources, which is, or may be predicted with reasonable
certainty to be, injurious to health or which unreasonably interferes
with the enjoyment of property or with any lawful business or activity.
Includes an individual, firm, association, organization,
partnership, trust, company, corporation or any other similar entity.
An 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 separate properties and also, for any two or more buildings
sharing common grounds, the line drawn midway between any two such
buildings. All area devoted to public rights-of-way shall be deemed
to be across the property line. For the purpose of this definition
the property line includes all points on a plan formed by projecting
the property line in a manner deemed appropriate by the enforcing
police officer.
Any street, avenue, boulevard, highway, sidewalk, alley,
or similar place which is owned or controlled by a government entity.
Any real property or structures thereon which are owned or
controlled by a governmental entity.
All land, whether publicly or privately owned, whether improved
or not improved, with or without structures, exclusive of any areas
devoted to public rights-of-way.
An oscillation in pressure, particle displacement, particle
velocity, or other physical parameter, in a medium with internal forces
that cause compression and rarefaction of that medium, or the superposition
of such propagated oscillation which evokes an auditory sensation.
The description of sound including duration, intensity and frequency.
Township of Upper Nazareth, Northampton County, Pennsylvania.
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 life devices, farm machinery, industrial
machinery, highway graders, trailers, graders and semi-trailers.
[Ord. No. 193, 3/6/2024]
1.
General Prohibition. It shall be unlawful for any person to make
or cause to be made a noise disturbance within the jurisdictional
boundaries of the Township of Upper Nazareth, except as otherwise
permitted in this Part.
2.
Specific Prohibitions. The following are specifically prohibited,
except otherwise permitted in or exempted from this Part:
A.
No person shall operate, play or permit the operation or playing
of any radio, television, phonograph, drum, musical instrument, cassette
player, sound amplifier or similar device which produces, reproduces
or amplifies sound:
3.
Noise Disturbances Prohibited. No person shall make, continue, or
cause to be made, or cause to be continued any noise disturbance by
any means, nor shall any person suffer, allow, or permit any noise
disturbance, by any means, to be made or continued from or at any
property, whether public or private, real or personal, that is subject
to such person's right of control.
4.
Animals. The following is declared to be a noise disturbance and
therefore a violation of this Part: owning, keeping, possessing, harboring,
or controlling any animal which howls, barks, or makes other sounds
continuously and/or incessantly for a period of 10 minutes or makes
such noise intermittently for one-half hour or more to the disturbance
of any person at any time of the day or night regardless of whether
the animal is situated in or upon private property; provided, however,
that at the time the animal is making such noise, no person or animal
is trespassing or threatening to trespass upon private property in
or upon which the animal is situated.
5.
Prima Facie Violation. Prima facie evidence of a noise disturbance
shall exist if the noise from any of the acts prohibited:
A.
Disturbs two or more residents (regardless of jurisdiction boundaries)
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 within the same building, located across a property
line (boundary) from the property which the source of the noise is
generated except for emergency purposes or testing.
B.
One resident located across a property line (boundary) (regardless
of jurisdictional boundaries) from the property on which the source
of the noise is generated and corroborated by a police officer except
for emergency purposes or testing.
[Ord. No. 193, 3/6/2024]
1.
No person shall create or allow the creation of any noise or operate
or cause to be operated any source of sound on property owned, leased,
occupied or otherwise controlled by such person, which causes a reasonable
person of normal sensitivities which:
A.
Endangers, would endanger, or is likely to endanger, or injures,
would injure, or is likely to injure, the safety or health of humans
or animals;
B.
Annoys, would annoy, or is likely to annoy, or disturb a reasonable
person of normal sensitivities;
C.
Endangers, would endanger, or is likely to injure, personal or real
property;
D.
Disturbs, or is likely to disturb, the peace; or
E.
Creates, would create, or is likely to create, a nuisance. The sound
level at the boundaries of the lot, parcel, tract or property, on
which such activities take place between the hours of 10:00 p.m. and
7:00 a.m. prevailing time.
[Ord. No. 193, 3/6/2024]
1.
Noise emitted from the following sources shall be exempt from the
noise standards specified herein:
A.
All safety signals and warning devices (e.g., intrusion alarms, back-up
alarms on trucks); authorized vehicles when responding to emergencies
(e.g., police, fire, ambulance sirens or any other device used to
alert persons to an emergency or used during the conduct of emergency
work).
B.
The provision, repair and maintenance of municipal services or public
utilities.
C.
Bells, chimes and carillons used for religious purposes or in conjunction
with national celebrations or public holidays.
D.
Appliances, lawn and garden equipment, chain saws, snow removal equipment
and power tools in use between the hours of 7:00 a.m. (prevailing
time) and 10:00 p.m. (prevailing time) provided such are operated
within the manufacturer's specifications and with all standard
noise-reducing equipment in use, unmodified, and in proper operating
condition.
E.
Heavy construction equipment when being used on a specific short-term
project (such as constructing a building; constructing, repairing
or cleaning a road; drilling a well; and other similar short-term,
specific construction, demolition, or repair projects) in use between
the hours of 7:00 a.m. and 10:00 p.m., prevailing time, for the duration
of such short-term, specific project; provided, such heavy construction
equipment is operated within the manufacturer's specifications
and with all standard noise-reducing equipment in use, unmodified,
and in proper operating condition.
F.
Air-conditioners, fans, heating units and similar comfort devices,
provided such are operated within the manufacturer's specifications
and with all standard noise-reducing equipment in use, unmodified,
and in proper operating condition.
G.
Airplanes, helicopters, normal activities of properly licensed airports,
and trains operating on railroads.
H.
Musical, recreational, and athletic events conducted by or permitted
by schools, local government, community or community association or
festivals, or events sponsored by nonprofit organizations.
I.
Existing weapons firing ranges during the daytime as defined herein.
J.
All motor vehicles being operated on the public roads in Upper Nazareth
Township, provided such are operated within the manufacturer's
specifications and with all standard noise-reducing equipment in use,
unmodified, and in proper working condition.
K.
Activities permitted by special waiver, as provided herein, according
to the terms and conditions of said waiver.
L.
All farm-related operations and activities.
M.
Any existing legitimate or licensed business, commercial or industrial
operation between the hours of 7:00 a.m. and 10:00 p.m., prevailing
time; provided any appliances, equipment, machinery or devices used
in such operation are operated within the manufacturer's specifications
and with all standard noise-reducing equipment in use, unmodified,
and in proper operating condition.
N.
Unamplified human voices.
[Ord. No. 193, 3/6/2024]
A temporary waiver from strict compliance with the noise standards
specified herein may be granted to persons during emergency circumstances,
as determined by the Board of Supervisors, to permit reasonable time
to effect repairs.
[Ord. No. 193, 3/6/2024]
It is the policy of the Board of Supervisors in adopting this
Part not to force any industrial or commercial enterprise out of business,
but rather to work with any industrial or commercial enterprise to
find ways to reduce noise levels to the level permitted by this Part.
[Ord. No. 193, 3/6/2024]
This Part may be enforced by any police officer.
[Ord. No. 193, 3/6/2024]
1.
The following procedures and penalties are prescribed for enforcement
of this Part:
A.
Any person making a complaint pursuant to this Part shall file a
written complaint with the Upper Nazareth Township Police Department
on a form provided by the Upper Nazareth Township Police Department.
B.
Warnings. If it is determined that there is a noise disturbance,
the Township of Upper Nazareth shall, upon written complaint by the
affected person who resides in the Township, confirmed and signed
by a second complainant, or corroborated by a Upper Nazareth Township
Police Officer, issue a written warning to the person responsible.
Any such warning shall be in effect for six months.
C.
Offenses. If it is determined that a noise is in excess of that permitted
by this Part and shall have been caused or permitted by any person
within six months after the issuance of a warning, any person affected
thereby, who resides in Upper Nazareth Township, may prosecute such
person causing or permitting said noise disturbance before the Magisterial
District Judge.
D.
Injunctions. In addition, any person affected thereby may file legal
or equitable actions in court to abate or enjoin violations of this
Part.
E.
Public Nuisance. Any emission of noise from any source in excess
of the limitations established herein is hereby declared to be a public
nuisance and may be abated by administrative or judicial proceedings,
fines and penalties herein provided.
F.
Other Remedies. Nothing in this Part shall be construed to impair
any cause of action, or legal remedy thereof, of any person or the
public for injury or damage arising from the emission or release into
the atmosphere or ground from any source whatsoever of noise at such
place or manner, or at such levels which may give rise to such cause
of action.
[Ord. No. 193, 3/6/2024]
The provisions of this Part are not intended to interfere with,
abrogate or annul other rules, regulations or ordinances, including
Title 18 (Crimes Code) and Title 75 (Vehicle Code), Pennsylvania Consolidated
Statutes.[1] If more stringent requirements concerning noise abatement
are contained in other statutes, rules, regulations or ordinances,
the more stringent regulation shall apply.
[1]
Editor's Note: See 18 Pa.C.S.A. § 101 et seq.
and 75 Pa.C.S.A. § 101 et seq., respectively.
[Ord. No. 193, 3/6/2024]
Any person, firm or corporation who shall violate any provision
of this Part shall, upon conviction thereof, as a summary offense,
be sentenced to pay a fine of not more than $1,000; and in default
of payment, to imprisonment for a term not to exceed 30 days. Every
day that a violation of this Part continues shall constitute a separate
offense.
