This chapter shall be known and may be cited as the "Noise Control Ordinance."
[HISTORY: Adopted by the Board of Commissioners of the Township of Marple 11-12-1979 by Ord. No. 79-15 (Ch. 56 of the 1971 Code). Amendments noted where applicable.]
This chapter shall be designated as Chapter 185 of the Code of the Township of Marple.
Whereas excessive noise is detrimental to the health, comfort, living conditions, welfare and safety of the citizens of the Township of Marple, it is hereby declared to be the policy of the Township of Marple to safeguard the citizens of the township from noise pollution.
The following words, terms and phrases, when used in this chapter, unless the context clearly indicates otherwise, shall have the following meanings respectively ascribed to them:
The sound pressure in decibels as measured on a sound level meter using the A-weighted network and read as "dBA."
Sounds of short duration, usually less than one second, with an abrupt onset and rapid decay.
Any sound which:
A.
Endangers or injures the safety or health of humans;
B.
Annoys or disturbs a reasonable person of normal sensitivities;
C.
Endangers or injures personal property; or
D. PERSON REAL PROPERTY BOUNDARY SOUND LEVEL
Exceeds the maximum permissible sound levels set forth in the regulations.
Any individual, partnership, association, syndicate, company, firm, trust, corporation or other entity recognized by law as the subject of rights and duties, including any governmental agency.
An imaginary line along the ground surface, and its vertical extension, which separates the real property owned by one person from that owned by another person, but not including intrabuilding real property divisions.
The weighted sound pressure level obtained by the use of a sound-level meter with an A-weighting frequency network as specified in American National Standards Institute specifications for sound-level meters (ANSI S1. 4-1971 or the latest approved revision thereof). All terminology not defined here shall be in conformance with applicable publications of the American National Standards Institute or its successor body.
A.
Authorized position. The Code Enforcement Officers, police officers and other persons as may be designated by the Board of Commissioners, shall serve as Noise Control Officers.
B.
Duties. Noise Control Officers shall have the powers and duties to:
(1)
Enforce the provisions of this chapter and the rules and regulations contained herein.
(2)
Receive and initiate complaints of violations of the regulations of this chapter.
(3)
Upon presentation of proper credentials, enter and inspect any private property or place and inspect any report or records at any reasonable time when granted permission by the owner or by some other person with apparent authority to act for the owner. When permission is refused or cannot be obtained, a search warrant may be obtained from a court of competent jurisdiction upon showing of probable cause to believe that a violation of this chapter may exist. Such inspection may include administration of any necessary tests.
(4)
Send written notice of any violation of this chapter to the person responsible for the violation.
(5)
Institute prosecution for violation of the regulations of this chapter.
[Amended 11-13-1984 by Ord. No. 84-21; 12-8-2025 by Ord. No. 2025-11]
A.
No person shall unreasonably make, continue or cause to be made or continued any noise disturbance:
(1)
Across a real property boundary or between adjacent units of a multiple-family dwelling, except for activities open to the public and for which a permit has been issued by a Noise Control Officer.
(2)
At a distance extending more than 50 feet from a noise-producing device, when operated in or on a motor vehicle on a public right-of-way or public space.
B.
It shall be unlawful for any Contractor or business entity, or their agents or employees owning or occupying any building or premises in the Township of Marple, to operate or permit to be operated any type of vehicle, machinery, appliance, equipment or hand tool which emits noise beyond the boundary of the property upon which said machinery, appliance, equipment or hand tool is being operated or used between the hours of 6:00 p.m. and 7:00 a.m. (9:00 a.m. on Saturday, Sundays and National Holidays), local time. When the vehicle, machinery, appliance, equipment or hand tool is being used in conjunction with agricultural activities, an emergency, snow removal, or repair of a public utility such as a gas main, water main or electrical power line, this section shall not apply.
C.
No person shall operate or cause to be operated on private property any source of sound in such a manner that creates a sound level greater than the limits set forth for the receiving land use category specified below when measured at the real property boundary of the property on which the source of the sound is located.
(1)
Table.
Maximum Cumulative Time Allowed at Sound Level Limit in Any 24-Hour Period | |||
|---|---|---|---|
Land Use Category Residential, Apartment, Public Space, Institutional | Commercial, Business, | ||
Sound Level Limit (dBA) | Day (7:00 a.m. to 11:00 p.m.) | Night (11:00 p.m. to 7:00 a.m.) | Shopping Center Day and Night |
Less than or equal to 50 | 16 hrs. | 8 hrs. | 24 hrs. |
55 | 16 hrs. | 4 hrs. 30 min. | 24 hrs. |
60 | 7 hrs. 30 min. | 1 hr. 0 min. | 24 hrs. |
65 | 1 hr. 30 min. | 30 min. | 12 hrs. |
70 | 45 min. | 5 min. | 2 hrs. 30 min. |
75 | 9 min. | 3 min. | 1 hr. 0 min. |
80 | 5 min. | 1 min. | 15 min. |
85 | 1 min. | 0 min. | 7 min. |
Greater than or equal to 90 | 0 min. | 0 min. | 1 min. |
(2)
For any source which emits a pure tone sound, the maximum time of operation will be for the next lower sound (dBA) level in the above table.
D.
Plans for construction and operation of new bus routes, railroads, trolleys or roads or expansion of such existing transportation systems, regardless of the source of project funds, shall comply with applicable state or federal noise control standards. If there is reason to believe that these plans are not consistent with this chapter, the department or agency responsible will be requested to consider the advisability of revising the plans to make them more consistent with this chapter.
A.
Prosecutions under this chapter shall be instituted by the Noise Control Officer and shall be prosecuted in the name of the Township of Marple. Any person violating any of the provisions of this chapter shall, upon conviction thereof, be punishable by a fine of not more than $1,000, plus costs of prosecution, and in default of payment of such fine and costs by imprisonment for not more than 30 days. Each day that a violation exists shall constitute a separate offense.
[Amended 6-12-2000 by Ord. No. 2000-10]
B.
The Noise Control Officer may institute an action in equity for an injunction to restrain continuous violations of this chapter in the event that the Noise Control Officer has issued an abatement notice which is being violated and which is not then the subject of judicial review.
[Added 12-8-2025 by Ord. No. 2025-11]
A.
Any person or entity may request relief from the prohibitions of this chapter by filing a written request with the Township Manager, together with such information as the Township may reasonably require to determine whether such relief is appropriate. The Manager shall grant such relief only if the Manager concludes that the hardship to the applicant if relief is not granted is substantially greater than the prospective adverse impact upon the public health, safety and welfare if relief is granted.
B.
If the Manager determines that relief shall be granted, the Manager shall issue a permit specifying the noise permitted, the hours and days authorized, and the duration of the permit. The Manager may attach such other conditions as are reasonably necessary in order to effectuate the purposes of this chapter. The permit shall not be effective until the applicant agrees to all conditions.
C.
Noncompliance by the applicant with any condition of the permit shall terminate the permit without further notice, and the applicant will hence forth be subject to all provisions of the chapter.