It is the purpose and scope of this article to provide regulations defining the maximum sound levels that vehicles, appliances and equipment shall be allowed to produce at specified distances from these devices, and also to provide for the prohibition of other kinds of prohibited noises. These regulations and prohibitions are intended to protect the physical, mental and social well-being of the residents of the City.
[Adopted 1-14-1993 by Ord. No. 11-1993 (Art. 735 of the 1979 Codified Ordinances)]
The following devices 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"; and
D.
Governmental warning devices, such as civil defense or fire siren.
All acoustical terminology shall be that contained in ANSI S1.1 "Acoustical Terminology."
Means the American National Standards Institute or its successors.
Means 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.
Means the twenty-four-hour period starting at local 12:00 midnight.
Means 6:00 a.m. to 6:00 p.m.
Means a unit of sound level which is a division of logarithmic scale used to express the ratio of the sound intensity of the source to the intensity of an arbitrarily chosen reference intensity. The ratio is expressed on the decibel scale by multiplying its "base 10 logarithm" by 10.
Means any devices or combination of devices to accomplish a desired end, such as a chain saw, bulldozer, etc.
Means that sound which is:
Means a noise whose sound level varies significantly with time.
Means a noise characterized by brief excursions of sound level. The duration of a single impulse is usually less than one second.
Means a noise whose sound level exceeds the ambient noise levels at least twice during the period of observation, which is one minute or more. The period of time during which the level of the noise remains at an essentially constant value different from that of the ambient is on the order of one second or more.
Means any sound emitted by a person, animal, vehicle, appliance, equipment or other device and its environmental interaction.
Means any person appointed by the City with responsibility to enforce municipal ordinances; or, any sworn member of the City Police Department.
Means the time interval during which acoustical data are obtained. The period of observation is determined by the characteristics of the noise being measured and the instrumentation being used. The period of observation shall be at least as long as the response time of the instrumentation. The greater the variance in individual sound level, the longer shall be the observation time for a given expected accuracy of measurement.
Means either the owner or operator of vehicles, appliances, equipment or devices.
Means the Society of Automotive Engineers.
Means the airborne sound levels as are expressed in dB and obtained by the use of specific frequency dependent weighting networks, as specified in the referenced standards. The specific weighting network used shall be indicated by the proper notation. If the A-weighting is employed, the sound level is identified as dB(A).
Means an instrument, or combination of instruments, which meets or exceeds the requirements for an ANSI Type S1A or Type S2A Sound Level Meter.
Means a noise whose level remains essentially constant, that is fluctuations are less than five dB, during the period of observation.
Means 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, graders and semi-trailers.
A.
Abatement. Any emission of noise from any source in excess of the limitation established in or pursuant to this article herein described shall be deemed and is hereby declared to be a public nuisance and may be abated, in addition to the administrative proceedings, fines and penalties herein provided. Such abatement may be made by a Police Officer or the Ordinance Enforcement Officer, or may be made by order of the Court of Common Pleas of Delaware County on complaint or petition filed on behalf of the City.
B.
Legal remedy not impaired. Nothing in this article 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 whatever of noise in such place or manner, or at such levels which may give rise to such cause of action.
C.
Noise enforcement officers. The Noise Enforcement Officers of the City shall:
(1)
Be qualified by training and experience to perform the necessary measurements and procedures required to determine violations of the provisions of this article.
(2)
File complaints with the District Justice to prosecute violations of this article.
(3)
Investigate complaints of violations of this article and make inspections and observations of noise conditions; and
(4)
Be authorized to issue a warning to persons considered in violation of these regulations, a warning which may allow an appropriate time not to exceed 30 calendar days for correction to bring the offending vehicle(s), appliance(s), equipment or other device(s) within the provisions of these regulations before enforcement by prosecution.
A.
General. No person shall make, permit or cause to be made, any excessive noise of any kind by crying, calling or shouting, or by means of any whistle, rattle, bell, gong, clapper, hammer, drum, horn, hand organ, mechanically-operated piano, other musical instrument, wind instrument, mechanical device, radio, phonograph, sound amplifying or other similar electronic device unless such person has obtained a special permit from the City.
B.
Musical instruments. No person shall use or perform on any hand organ or other musical instrument or device, for pay or in expectation of payment, in any public way or public open space of the City before 8:00 a.m. or after 9:00 p.m. of the day unless such person has obtained a special permit from the City.
C.
Noise from premises. No person owning, or in possession or control of any building or premises, shall use the same, permit the use of the same, or rent the same to be used for any business or employment or residential use, or for any purpose of pleasure or recreation, if such use shall, by its boisterous nature, disturb or destroy the peace of the neighborhood as measured at the property line in which such building or premise is situated, or be dangerous or detrimental to health.
D.
Equipment noise. It shall be unlawful for any person to use any pile driver, shovel, hammer, derrick, hoist, tractor, roller or other mechanical equipment operated by fuel or electric power in building or construction operations from 9:00 p.m. to 8:00 a.m. of the following day, except for emergency work on public improvements, work of public service utilities and municipal services unless such equipment has been manufactured or modified for sound control and meets the provisions of this article.
E.
Noise in handling refuse cans. No person shall make any unnecessary noise in the handling of ash, trash and garbage cans, either in loading or unloading, whether full or empty.
F.
Noise in vicinity of hospitals, schools and churches. No person shall make any unnecessary noise in the vicinity of any hospital, or church during hours of public worship, or school during school hours.
G.
Unlawful to keep noisy animals. No person shall keep, or permit to be kept, harbor, or otherwise maintain any animal which shall disturb the quiet of any public street or other public place, or of any neighborhood; provided, however, that a "noisy animal" shall be defined as one or more animals which makes noises habitually, so as to constitute annoyance to a person of ordinary sensibilities.
H.
Noise by peddlers. No peddler or other person who plies a trade or calling of any nature on the streets of the City shall use any horn, bell, or other sound instrument to make any noise tending to disturb the peace and quiet of the neighborhood, for the purpose of directing attention to his wares, trade or calling, between the hours of 8:00 a.m. to 9:00 p.m.
I.
Use of horns and other devices on vehicles. No person, operating any vehicle, other than police, fire, public service or ambulance operators shall sound any horn, bell, gong, siren or whistle, except for the ordinary horn installed on such vehicle by the manufacturer, or sound any type of horn except when reasonably necessary to prevent accidents or to otherwise comply with the law of motor vehicles.
J.
Public performance. The operational performance standards established by this article shall not apply to any public performance being conducted in accordance with provisions of a special permit obtained from the City for the conduct thereof.
K.
Vehicles. No person shall operate either a motor vehicle of a type subject to registration, except in police, fire equipment, ambulances or other government emergency vehicles at any time or under any condition of grade, load, acceleration or deceleration in such manner as to exceed the following noise limits for the category of motor vehicles based on a distance of 50 feet from the center of the lane traveled on within the speed limit specified in this section under test procedures established by § 363-20.
Type of Vehicle | Speed limit of 35 MPH or less | Speed limit of 35 MPH or more |
|---|---|---|
Any motor vehicle with a manufacturer's gross combination weight rating of 10,000 pounds or more and any combination of vehicles towed by such motor vehicle | 86 dB(A) | 90 dB(A) |
Any other vehicle or any combination of vehicles towed by such motor vehicle | 76 dB(A) | 82 dB(A) |
Any motorcycle or motor driven cycle | 78 dB(A) | 82 dB(A) |
(1)
This section applies to the total noise from a vehicle or combination of vehicles and shall not be construed as limiting or precluding the enforcement of any other provisions of this code relating to motor vehicle mufflers for noise control.
(2)
No person shall modify or change the exhaust muffler, intake muffler or any other noise abatement device of a motor vehicle so that the noise level is increased above that emitted by the vehicle as originally manufactured. Procedures used to establish compliance with this subsection shall be those used to establish compliance of a new motor vehicle with the requirements of this article.
(3)
No person shall sell or lease or offer for sale or lease a new or second-hand vehicle that produces a maximum noise exceeding the noise limit at a distance of 50 feet from the center line of travel as stated in Subsection K hereof. The manufacturer, distributor, importer or designated agent shall, if requested, certify in writing to the City that his vehicles sold or leased with the City comply with the provisions of this subsection.
L.
Equipment.
(1)
No person shall operate any powered equipment or powered hand tool that produces a maximum noise level exceeding the following noise limits at a distance of 50 feet, under test procedures established by § 363-20.
Type of Equipment | Noise Limit |
|---|---|
Construction and industrial machinery, such as crawler-tractors, dozers, rotary drills and augers, loaders, power shovels, cranes, derricks, motor graders, paving machines, off-highway trucks, ditchers, trenchers, compactors, scrapers, pavement breakers, compressors and pneumatic power equipment, but not including piledrivers | 86 dB(A) |
Agricultural tractors and equipment | 86 dB(A) |
Powered commercial equipment of 2 HP or less intended for infrequent use in residential areas, such as chain saws, pavement breakers, log chippers, powered hand tools, etc. | 84 dB(A) |
Powered equipment intended for repetitive use in residential areas, such as lawn mowers, small lawn and garden tools, riding tractor, snow removal equipment, etc. | 70 dB(A) |
(2)
No person shall sell or lease or offer for sale or lease new or second-hand equipment that produces a maximum noise exceeding the noise limit at a distance of 50 feet as stated in Subsection L(1) hereof. The manufacturer, distributor, importer or designated agent shall, if requested, certify in writing to the City that his equipment sold or leased within the City complies with the provisions of this article.
A.
Any property use established in a zoning district as defined and designated under the provisions of Chapter 550, Zoning, shall be such as to comply with the performance standards governing noise set forth hereinafter for the district in which such use shall be located.
B.
Noise levels shall be measured in terms of the sound level in dBA using equipment which meets the requirements established by this article.
C.
In all commercial and industrial zoning districts, at no point on the boundary of any residential zoning district shall the sound level of any individual operation or business, or the combined operations of any person, firm or corporation exceed the dBA levels shown below for the zoning district indicated from (9:00 p.m. to 8:00 a.m.) of the following day, as measured under the test procedures established by § 363-20B.
(1)
Maximum sound levels dB(A) along district boundaries as measured by conventional sound level meters on slow response:
Residential | Commercial/Industrial | |
|---|---|---|
A-scale levels | 55 dB(A) | 62 dB(A) |
(2)
In commercial zoning districts, all activities involving the production, processing, cleaning, servicing, testing, repair of materials, goods or products, or any property use shall conform with the performance standards stated above, provided that performance standards shall, in every case, be applied at the boundaries of the lot on which any such activities take place, except in such cases where the maximum permitted sound levels may be exceeded at a more distant point.
(3)
In residential zoning districts, any property use shall conform with the performance standards stated above for residential district boundaries, provided that performance standards shall, in every case, be applied at the boundaries of the lot on which such use is established, except in such cases where the maximum permitted sound levels may be exceeded at a more distant point.
A.
Test procedures to determine whether maximum noises emitted by new motor vehicles sold or offered for sale or lease met the noise limits stated in § 363-18L shall be in substantial conformity with standards and recommended practice established by the S.A.E., Incorporated, and the Pennsylvania Department of Environmental Resources as well as the United States Environmental Protection Agency and such other and further standards as may be propounded in the Code of Recommended Practices of the City.
B.
Test procedures to determine whether maximum noises emitted by powered equipment or powered hand tools, sold or leased, or offered for sale or lease, meet the noise limits stated in § 363-18L shall be in substantial conformity with Standards and Recommended Practices established by the S.A.E., Incorporated and the Pennsylvania Department of Environmental Resources as well as the United States Environmental Protection Agency and such other and further standards as may be propounded in the Code of Recommended Practices of the City.
If any sentence, clause, section or part of this article is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this article. It is hereby declared as the intent of the City that this article would have been adopted had the unconstitutional, illegal or invalid sentence, clause, section or part thereof not been included therein.
Any person, firm or corporation who violates any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $600; and in default of payment, to imprisonment for a term not to exceed 30 days. Every day that a violation of this article continues shall constitute a separate offense.