[Ord. 39, 3/28/1974; as amended by Ord. 133, 1/28/1997]
The unsheltered storage of scrap motor vehicles, or unlicensed
motor vehicles, two or more in number, and junk, as hereinafter defined,
for a period of 10 days or more within Smithfield Township, Monroe
County, Pennsylvania, is hereby declared to be a nuisance, and dangerous
to the public health, safety, and welfare.
[Ord. 39, 3/28/1974; as amended by Ord. 133, 1/28/1997]
The following terms shall have the following meanings in accordance
with this Part:
Any discarded material or article such as is not ordinarily
disposed of as rubbish or refuse and shall include, but not be limited
to scrap metal, machinery, implements, abandoned, discarded or unused
objects such as furniture, stoves, refrigerators, freezers, cans or
containers, and shall not include any garbage or other organic wastes,
or any paper, rubbish, rags or other flammable article or material.
Any natural person, partnership, firm, association, or corporation.
Automobiles, trucks, trailers, motorcycles, buses or other
motor vehicles which are partially dismantled, wrecked, or junked,
or held or stored for scrap or salvage. The words 'scrap motor vehicles”
shall not mean any motor vehicles classified as “antique motor
vehicles” by the Motor Vehicle Code of the State of Pennsylvania;
such classification consisting of any self-propelled vehicle, but
not a reproduction thereof, owned and operated as an exhibition piece
or collector's item, provided such vehicle shall have noted on its
registration record the fact that it is such a special purpose vehicle,
or any self-propelled vehicle manufactured mare than 25 years prior
to the current year, which is used for participation in club activities,
exhibits, tours, parades, occasional transportation, and similar uses,
but is not used for general daily transportation.
To shelter or conceal from inconvenience, injury, or danger
by the construction of a fence, wall, barricade, or planting of trees
or shrubs along areas where the junk, scrap, or unlicensed vehicles
are open to public view and exposure, or to the view or exposure of
an adjacent property owner in a manner that the public or adjacent
property owners will not be subject to inconvenience, injury or danger.
Automobiles, trucks, trailers, motorcycles, buses and other
motor vehicles which do not have plainly affixed thereto:
a motor vehicle registration license plate; (2) a current inspection
sticker.
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In this Part the singular shall include the plural and the masculine
shall include the feminine and the neuter.
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[Ord. 39, 3/28/1974]
The owner, lessee, tenant, occupier, or person otherwise in charge of, and in control of the real property within Smithfield Township, Monroe County, Pennsylvania, upon which storage of two or more scrap motor vehicles, or unlicensed motor vehicles, and junk, as hereinabove defined, and also the owner, owners, and/or lessees of said scrap motor vehicles and/or junk involved in such storage (all of whom are hereinafter referred to collectively as “owners”), shall jointly and severally abate such nuisance by the prompt removal of said material into completely enclosed buildings, to be used for such storage purposes if within the Township of Smithfield or otherwise to remove it to a location without Smithfield Township or screen the same as hereinabove defined, unless such person's duly licensed as a junk dealer under the provisions of Chapter 13 hereof.
[Ord. 39, 3/28/1974; as amended by Ord. 133, 1/28/1997]
Notwithstanding any provision to the contrary, the unsheltered
storage of scrap motor vehicles, or unlicensed motor vehicles, two
or less in number, for a period of, not more, than six months shall
be permitted, provided the vehicles are utilized solely for replacement
parts, or awaiting repair.
[Ord. 39, 3/28/1974]
Whenever any person, as defined in this Part, shall fail to
abate any nuisance as set forth in this Part, the Township may remove
the junk, scrap motor vehicles, and/or unlicensed motor vehicles to
a location of its selection and determination, the expenses of which
shall be payable by such person, whether the owner of the real property,
or of the junk, scrap motor vehicles, or unlicensed motor vehicles,
and said cost to be recoverable by the Township in a suit at law.
[Ord. 39, 3/28/1974; as amended by Ord. 128, 4/26/1994; and by Ord. 141, 4/28/1998]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a district justice 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 costs and,
in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this Part continues
or each Section of this Part which shall be found to have been violated
shall constitute a separate offense.
[Ord. No. 248, 4/24/2024]
For the purposes of this Part the following terms, phrases,
words and their derivations shall have the meanings given herein.
When not inconsistent with the context, words used in the present
tense include the future; words in plural include the singular; and
words in the singular include the plural. Any personal pronoun shall
be construed so as to mean either the masculine, feminine, or neuter
gender, as the context may require; and the word "shall" is always
mandatory and not merely precatory.
A motor vehicle, but not a reproduction thereof, manufactured
more than 25 years prior to the current year, which has been maintained
in, or restored to, a condition which is substantially in conformance
with manufacturer specifications.
The measured sound level in an area, exclusive of extraneous
sounds and the sound contributing of the specific source in question.
The Board of Supervisors of Smithfield Township, Monroe County,
Pennsylvania.
Any site preparation, assembly, erection, demolition, substantial
repair, maintenance, alteration, or similar action for or of public
or private rights-of-way, structures, utilities, or similar property.
The sound level in decibels, reported as measured by a sound
level measuring instrument having an "A" weighting network which discriminates
against the lower frequencies according to a relationship approximating
the auditory sensitivity of the human ear. The level so read is designated
dB(A) or dBA.
The sound level as measured using the "C" weighting network
with a sound level meter meeting the standards set forth in ANSI SI.4-1983
or its successors. The unit of reporting is dB(C). The "C" weighting
network is more sensitive to low frequencies than is the "A" weighting
network.
The practical unit of measurement for sound pressure level;
the number of decibels of a measured sound is equal to 20 times the
logarithm to the base 10 of the ratio of the sound pressure of the
measured sound to the sound pressure of a standard sound (20 micropascals);
abbreviated "dB."
The length of time noise continues or exists.
A vehicle defined in Pennsylvania 75 Pa.C.S.A. § 102.
Any work or action necessary at the site of an emergency
to restore or deliver essential services, including, but not limited
to, repairing water, gas, electricity, telephone, sewer facilities,
or public transportation facilities, removing fallen trees on public
rights-of-way, dredging navigational waterways, or abating life-threatening
conditions or a state of emergency declared by a governing agency.
Includes sudden and sharp sounds or repetitive sounds that
have tendency to startle, disrupt, or annoy, and which may include
the elements of both sound and vibration. Nonexhaustive examples of
impulse sounds include explosions, air horns, nail guns, fireworks
and firecrackers, and hammering.
Any distinct parcel of land that is used for more than one
category of activity. Examples include, but are not limited to:
A commercial, residential, industrial or public service property
having boilers, incinerators, elevators, automatic garage doors, air
conditioners, laundry rooms, utility provisions, or health and recreational
facilities, or other similar devices or areas, either in the interior
or on the exterior of the building, which may be a source of elevated
sound levels at another category on the same distinct parcel of land;
or
A building, which is both commercial (usually on the ground
floor) and residential property, located above, below or otherwise
adjacent to.
Any vehicle that is propelled other than by human or animal
power on land.
A properly functioning sound dissipative device or system
for abating the sound on engines or equipment where such device is
part of the normal configuration of the equipment.
Any building comprising two or more dwelling units, including,
but not limited to, apartments, condominiums, co-ops, multiple-family
houses, townhouses, and attached residences.
Any unwanted sound or vibration that encroaches upon the
real property of another at any time of day. Noise may consist of
multiple factors. Noise factors may include, but are not limited to,
time of day or time of week; structure of the sound, e.g., impulse
sound and sounds defined in ISO 12001 standards; rate of occurrence
of the sound (how often); duration; relative sound level compared
to background sound level, e.g., "loudness"; the waveform frequency
of the sound, e.g., "high" or "low" pitch; and nature of the sound,
e.g., screaming or screeching.
Noise control officer (NCO) means employees or consultants
of the Township who are certified to perform noise enforcement activities
specified within this Noise Control Ordinance. All NCOs must receive
noise enforcement training and be currently certified in noise enforcement.
The employee must be acting within his or her designated jurisdiction
and must be authorized to issue a summons.
A noise disturbance is any noise that exceeds acceptable decibels as demonstrated within § 10-205.
The activities, practices, equipment and procedures that
farmers adopt, use or engage in the production and preparation for
market of poultry, livestock and their products and in the production,
harvesting and preparation for market or use of agricultural, agronomic,
horticultural, silvicultural and aquacultural crops and commodities,
and are:
Not less than 10 contiguous acres in area; or
Less than 10 contiguous acres in area but has an anticipated
yearly gross income of at least $10,000. The term includes new activities,
practices, equipment and procedures consistent with technological
development within the agricultural industry. Use of equipment shall
include machinery designed and used for agricultural operations, including,
but not limited to, crop dryers, feed grinders, saw mills, hammer
mills, refrigeration equipment, bins and related equipment used to
store or prepare crops for marketing and those items of agricultural
equipment and machinery defined by the Act of December 12, 1994 (P.L.
944, No. 134), known as the Farm Safety and Occupational Health Act.[1] Custom work shall be considered a normal farming practice.
The unreasonable, unwarrantable or unlawful use of public
or private property which causes injury, damage, hurt, inconvenience,
annoyance or discomfort to any person in the legitimate enjoyment
of their reasonable rights of person or property.
A person owning, leasing, occupying or having charge of any
premises within the Township.
To suffer, allow, consent, or let; to give, leave or license;
to acquiesce by failure to prevent; or to expressly accept or agree,
to the doing of an act.
Includes individual natural persons, firms, partnerships,
joint ventures, societies, associations, clubs, trustees, trusts,
corporations, companies or organizations of any kind; or any officers,
agents, employees, factors or any kind of personal representative
of any kind of the above, in any capacity, acting either for her/himself,
or for any other person, under either personal appointment or pursuant
to law.
Any building, structure, land, including yards, lots, courts,
owned or controlled by a person.
The real or imaginary line and its vertical extension which
separates real property owned or controlled by a person from contiguous
real property owned or controlled by another person and separates
real property from the public premises. Property lines may sometimes
be ambiguous or difficult to determine even by professionals. Thus,
the use of property line for purposes of this Part refers to the relative
or apparent property delineations and survey-quality precision is
not required, intended, or desired.
A real property line is either:
The vertical boundary that separates one parcel of property
(i.e., lot and block) from another residential or commercial property;
The vertical and horizontal boundaries of a dwelling unit that
is part of a multidwelling unit building; or
On a mixed-use property as defined herein, the vertical or horizontal
boundaries between the two portions of the property on which different
categories of activity are being performed (e.g., if the mixed-use
property is a building which is residential upstairs and commercial
downstairs, then the real property line would be the interface between
the residential area and the commercial area, or if there is an outdoor
sound source such as an HVAC unit on the same parcel of property,
the boundary line is the exterior wall of the receiving unit).
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Note: This definition shall not apply to a commercial source
and a commercial receptor which are both located on the same parcel
of property (e.g., a strip mall).
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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.
Any device whose primary function is the production of sound,
including, but not limited to, any musical instrument, loudspeaker,
radio, television, digital or analog music player, public address
system or sound-amplifying equipment.
Any device, such as a muffler, baffle, shroud, jacket, enclosure,
isolator, or dampener provided by the manufacturer with the equipment,
or that is otherwise required, that mitigates the sound emissions
of the equipment.
The Township of Smithfield, Monroe County, Pennsylvania.
Any day that is not a federal holiday, and beginning on Monday
at 7:00 a.m. and ending on the following Friday at 6:00 p.m.
Begin on Friday at 6:00 p.m. and end on the following Monday
at 7:00 a.m.
[1]
Editor's Note: See 3 P.S. § 1901 et seq.
[Ord. No. 248, 4/24/2024]
This Noise Ordinance applies to all properties located within
(or partially within) Smithfield Township.
[Ord. No. 248, 4/24/2024]
1.
Noise control officers shall have the authority within their designated
jurisdiction to investigate suspected violations of any section of
this Part and pursue enforcement activities.
2.
Noise control officers may cooperate with adjacent municipalities
in enforcing one another's municipal noise ordinances.
[Ord. No. 248, 4/24/2024]
2.
When conducting indoor sound level measurements across a real property
line the measurements shall be taken at least three feet from any
wall, floor or ceiling and all exterior doors and windows may, at
the discretion of the investigator, be closed. When measuring total
sound level, the configuration of the windows and doors shall be the
same and all sound sources within the dwelling unit must be shut off
(e.g., television, stereo). Measurements shall not be taken in areas
which receive only casual use such as hallways, closets and bathrooms.
[Ord. No. 248, 4/24/2024]
1.
No person shall cause, suffer, allow, or permit the operation of any source of sound on any source property in the Township in such a manner as to create a sound level that equals or exceeds the sound level limits set forth in Table I or II when measured at or within the real property line of any of the receiving properties listed in Table I or II except as specified in § 10-205, Subsection B.
2.
Impulsive Sound. Between 7:00 a.m. and 10:00 p.m., impulsive sound
shall not equal or exceed 80 decibels. Between 10:00 p.m. and 7:00
a.m., impulsive sound which occurs less than four times in any hour
shall not equal or exceed 80 decibels. Impulsive sound which repeats
four or more times in any hour shall be measured as continuous sound
and shall meet the requirements as shown in Tables I and II.
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Table I
Maximum Permissible A-Weighted Sound Levels
When Measured Outdoors
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|---|---|---|---|
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Receiving Property Category
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Residential Property or Residential Portion of a Multi-Use Property
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Commercial Facility, Nonresidential Portion of a Multi-Use Property,
or Community Service Facility
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Time
|
7:00 a.m. - 10:00 p.m.
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10:00 p.m. - 7:00 a.m.
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24 hours
|
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Maximum A-weighted sound level standard, dB
|
65
|
50
|
65
|
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Table II
Maximum Permissible A-Weighted Sound Levels
When Measured Indoors
| |||
|---|---|---|---|
|
Receiving Property Category
|
Residential Property or Residential Portion of a Multi-Use Property
|
Commercial Facility or Nonresidential Portion of a Multi-Use
Property
| |
|
Time
|
7:00 a.m. - 10:00 p.m.
|
10:00 p.m. - 7:00 a.m.
|
24 hours
|
|
Maximum A-weighted sound level standard, dB
|
55
|
40
|
55
|
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Note: Table II shall only apply when the source and the receptor
are separated by a real property line and they also share a common
or abutting wall, floor or ceiling, or are on the same parcel of property.
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[Ord. No. 248, 4/24/2024]
1.
The following standards shall apply to the activities or sources
of sound set forth below:
A.
Power tools, home maintenance tools, landscaping and/or yard maintenance
equipment used by a residential property owner or tenant shall not
be operated between the hours of 8:00 p.m. and 8:00 a.m., unless such
activities can meet the applicable limits set forth in Table I or
II. At all other times the limits set forth in Table I or II do not
apply. All motorized equipment used in these activities shall be operated
with a muffler and/or sound reduction device.
B.
Power tools, landscaping and/or yard maintenance equipment used by
nonresidential operators (e.g., commercial operators, public employees)
shall not be operated on a residential, commercial, industrial or
public (e.g., golf course, parks, athletic fields) property between
the hours of 8:00 p.m. and 8:00 a.m. unless such activities can meet
the limits set forth in Table I or II. At all other times, the limits
set forth in Table I or II do not apply. All motorized equipment used
in these activities shall be operated with a muffler and/or sound
reduction device.
C.
All construction and demolition activity shall not be performed between
the hours of 8:00 p.m. and 8:00 a.m. unless such activities can meet
the limits set forth in Table I or II. At all other times, the limits
set forth in Table I or II do not apply. All motorized equipment used
in construction and demolition activity shall be operated with a muffler
and/or sound reduction device.
D.
All interior and exterior burglar alarms of a building or motor vehicle
must be activated in such a manner that the burglar alarm terminates
its operation within five minutes for continuous airborne sound and
15 minutes for intermittent sound after it has been activated. The
limits set forth in Table I or II do not apply.
E.
Self-contained, portable, nonvehicular music, vehicular music, or
sound production devices shall not be operated on a public space or
public right-of-way between the hours of 8:00 p.m. and 8:00 a.m.
F.
It shall be unlawful for any property owner or tenant to allow any
domesticated or caged animal to create a sound across a real property
line which unreasonably disturbs or interferes with the peace, comfort,
and repose of any resident, or to refuse or intentionally fail to
cease the unreasonable noise when ordered to do so by a noise control
officer. Prima facie evidence of a violation of this section shall
include, but not be limited to:
(1)
Vocalizing (howling, yelping, barking, squawking etc.) for five
minutes without interruption, defined as an average of four or more
vocalizations per minute in that period; or
(2)
Vocalizing for 20 minutes intermittently, defined as an average
of two vocalizations or more per minute in that period.
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It is an affirmative defense under this subsection that the animal was intentionally provoked to bark or make any other noise. This subsection shall not apply to dogs; for regulations regarding dogs, please reference Chapter 2, Animals, of this code.
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G.
Any noise measured at 120 dB or higher at any property line shall
be considered a violation of this Part, even if permitted elsewhere
in the code unless:
[Ord. No. 248, 4/24/2024]
1.
The following activities shall be exempt from the provisions of this
Part:
A.
Noise as safety signals, warning devices, emergency pressure relief
valves or other sound needed to alert people about an emergency or
warn of an imminent hazardous situation.
B.
Noise resulting from emergency work, including emergency home repairs,
construction, demolition, or landscaping.
C.
Noise emanating from an authorized emergency vehicle or a vehicle
operated by a gas, electric, communications, or water utility when
responding to an imminent emergency.
D.
Noise resulting from public festivals, celebrations, or other lawfully
authorized and permitted public gatherings.
E.
Noise resulting from an athletic or recreational event hosted on
property owned by the East Stroudsburg Area School District.
F.
Noise from snowmaking operations at any regularly authorized, approved
and operated ski area.
G.
The provision, repair and maintenance of municipal services or public
utilities.
H.
The sounding of bells, chimes and carillons used for religious purposes
or in conjunction with national celebrations or public holidays.
I.
The operation of snow removal equipment.
J.
The operation of airplanes, helicopters and normal activities of
properly licensed airports; trains operating on railroads.
K.
Activities permitted by special waiver, as provided herein, according
to the terms and conditions of said waiver.
L.
Any reasonable noise created by a government entity in performance
of an official and necessary duty.
M.
Any activity the regulation of which has been expressly preempted
by Pennsylvania or federal statute or regulation.
N.
Any normal agricultural operation conducted in accordance with normal
agricultural operations so long as the agricultural operation does
not have a direct adverse effect on public health and safety.
O.
Any properly licensed antique motor vehicle with a valid antique
registration plate.
[Ord. No. 248, 4/24/2024]
1.
Violations of each subsection of this section shall be considered
purposeful and therefore nonminor violations.
A.
No person shall remove or render inoperative, or cause to be removed
or rendered inoperative or less effective than originally equipped,
other than for the purposes of maintenance, repair, or replacement,
any device or element of design incorporated in any motor vehicle
for the purpose of noise control. No person shall operate a motor
vehicle or motorcycle which has been so modified. A vehicle not meeting
these requirements shall be deemed in violation of this provision
if it is operated stationary or in motion in any public space or public
right-of-way.
B.
No motorcycle shall be operated stationary or in motion unless it
has a muffler that complies with and is labeled in accordance with
the federal noise regulations under 40 CFR Part 205.
[Ord. No. 248, 4/24/2024]
Provisions of this chapter may be enforced by any Enforcement
Officer of the Township. Enforcement may also be by any person who,
after prior notice is given as required, shall, as an affiant, institute
a private criminal proceeding by filing a complaint with the District
Magistrate as provided by law.
[Ord. No. 248, 4/24/2024]
1.
Violations Determined by the Enforcement Officer of the Township.
Violation of any provision of this Part shall be cause for a violation
notice to be issued to the violator by the Enforcement Officer.
2.
Prior to the filing of a fine by the Township's Enforcement
Officer for violation of this Part, it shall be necessary to serve
written notice upon the owner of the property in one of the following
ways:
3.
Form to Be Provided. Notice required under this section must be given
on a form prescribed and provided by the Township. Said required notice
may be executed and served as required by the aggrieved party or by
a Township official.
4.
Contents of Notice. A notice shall set forth the name and address
of the property and the owner of the property, the nature and extent
of the violation or offense, the identity of the person giving notice,
the date of the sending or posting of notice, and a statement to the
effect that a fine or complaint may be filed if the nuisance is not
abated or if it is repeated.
5.
Duration of Notice. Any notice given pursuant to this section shall
be valid for a period of six months. Within six months, no additional
notice needs to be given prior to the filing of a fine or private
complaint.
[Ord. No. 248, 4/24/2024]
Upon written application for a special event permit to the Township
not less than 30 days in advance, a temporary waiver from strict compliance
with the noise standards specified herein may be granted to persons
for reasonable cause, as determined by the Board of Supervisors.
[Ord. No. 248, 4/24/2024]
1.
Any person found guilty of a violation of this Part by an Enforcement
Officer of the Township shall pay a fine set by resolution of the
Board of Supervisors not to exceed $1,000 per violation per the Second
Class Township Code § 1601(c.1)(2).[1] Each day a violation continues, after notice, shall constitute
a separate offense.
[1]
Editor's Note: See 53 P.S. § 6601, Subsection
(c.1)(2).
2.
Any person found guilty of a violation of this Part who fails to
comply with this Part in a summary proceeding before a District Magistrate
shall pay a fine not to exceed $1,000 per violation per the Second
Class Township Code § 1601(c.1)(2), together with the cost
of prosecution, and, in default of payment of said fine and costs
of prosecution, shall be imprisoned for not more than 90 days [18
Pa.C.S.A. § 106]. Each day a violation continues, after
notice, shall constitute a separate offense.
