It is hereby declared to be the policy of Lower Providence Township
to prohibit and prevent noise pollution, as hereinafter defined, for the purpose
of securing and promoting public health, comfort, convenience, safety, welfare,
peace and quiet in residentially zoned districts.
The following terms, wherever used herein, shall have the respective
meanings assigned to them unless a different meaning clearly appears from
the context:
ANSI
The American Standards Institute or its successor bodies.
dB(A)
The abbreviation for the sound level in decibels determined by the
A-weighting network of a sound-level meter or by calculation from octave band
or 1/3 octave band data.
DECIBEL (db)
A unit of measure, on a logarithmic scale, or the ratio of a particular
sound pressure squared to a standard reference pressure squared. For the purpose
of this chapter, 20 micropascals shall be the standard reference pressure.
EMERGENCY
Any occurrence or set of circumstances involving actual or imminent
physical trauma or property damage which demands immediate action.
NIGHTTIME HOURS
Eight o'clock p.m. of one day through 7:00 a.m. of the next day.
NOISE
The intensity, frequency, duration and character of sound, including
sound and vibration of subaudible frequencies.
NOISE POLLUTION
The presence of noise of sufficient 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, safety and comfort or which
unreasonably interferes with the peaceful enjoyment of property or with any
lawful business or activity. Noise/sound pressure levels exceeding those permitted
in residential districts constitute noise pollution.
PERSON
Any individual, group of individuals, lessee, lessor, guest, licensee,
firm, partnership, voluntary association or corporation responsible for the
use of property.
SOUND LEVEL
In decibels, the weighted sound-pressure level measured by the use
of a sound-level meter satisfying the requirements of ANSI SI.4, 1971, Specifications
for Sound-Level Meters. "Sound Level" and "noise level" are synonymous.
SOUND-LEVEL METER
An instrument meeting ANSI SI.4, Specifications for Sound-Level Meters,
comprising a microphone, an amplifier, an output meter and frequency weighting
network or networks, that is used for the measurement of sound-pressure levels
in a specified manner.
SOUND PRESSURE
Minute fluctuations in atmospheric pressure which accompany the passage
of a sound wave.
SOUND-PRESSURE LEVEL
In decibels, 20 times the logarithm to the base 10 of the ratio of
a sound pressure to the reference sound pressure of 20 micropascals (20 micronewtons
per square meter). In the absence of any modifier, the level is to be that
of a root-mean-square pressure.
SOURCE
Any person or property, real or personal, contributing to noise pollution.
ZONING DISTRICT
The land use category defined according to the zoning ordinances
of Lower Providence Township.
It shall be unlawful for any person to knowingly permit the making,
creation or maintenance of noises in excess of those permitted by this chapter
upon any premises owned or possessed by him or under his control.
The following sound/noise levels represent the maximum permissible levels
in residential zoning districts. Levels exceeding said permissible levels
are prohibited.
A. Noise prohibitions.
(1) The creation or allowance of such creation within any
residential zoning district of noise/sound levels in excess of 65 dB(A) during
the daytime hours and 55 dB(A) during the nighttime hours is hereby prohibited.
(2) In situations where noise levels are measured at an interface
or boundary line between a residential district and nonresidential zoning
district or where noise levels measured in a residential zoning district emanate
from a source in another zoning district, the applicable permissible noise
level at the point of measurement shall be the noise level permitted in the
residential zoning district.
(3) It is prohibited for any person to cause, permit or allow any noise emanated by him or from property owned by him in any nonresidential zoning district to reach any residential zoning district when said noise levels exceed those as set forth in Subsection
A(1) above.
B. Exemptions. The provisions of this section shall not
apply to:
(1) Devices used solely for the purpose of warning, protecting
or alerting the public, or some segment thereof, of the existence of an emergency
situation.
(2) Household tools and portable appliances in normal usage.
(3) Lawn care equipment in normal daytime usage if used and
maintained in accordance with the manufacturer's specifications.
(4) Motor vehicles licensed for operation on public roads.
(5) Operations by, or sanctioned by, the proper authorities
(city, state or federal) for the protection of persons or property where imminent
physical trauma or property damage demands immediate attention.
(6) Emergency utility operation.
(7) Operations by township, county or commonwealth departments.
(8) Nonamplified sound emanating from duly permitted or licensed
and/or authorized athletic contests, fairs, parades and municipally sponsored
events.
(9) Mechanical and electrical construction noise resulting
from the operation of tools and equipment used in the ordinary course of drilling,
renovations, lawn/yard and/or pool maintenance, tree maintenance, trimming
and/or removal, digging, demolition and all related practices provided the
noise emanating from said use occurs during daytime hours.
(10) All activities granted immunity and/or exemption from
noise pollution control by the legislature of the Commonwealth of Pennsylvania
to the extent of the immunity or exemption as granted by state law.
C. Measurement.
(1) The measurement of noise levels shall be conducted at
points on the property line of the source if the source is in a residential
zoning district, or on the boundary of a zoning district if the source emanates
from property in a nonresidential zoning district, or may be made on the premises
of any property in a residentially zoned district reached by the sound waves
from the noise emanating from the source.
(2) Measurement equipment shall be sound-level meters complying
with ANSI SI.4, 1971, Specifications for Sound-Level Meters, of at least Type
2 quality and sensitivity, comprising a microphone, amplifier, output meter
and frequency weighting network(s).
(3) Measurement equipment operators shall be members of the
Code Enforcement and/or Police Department of Lower Providence Township, who
have been properly trained in the operation and interpretation of the noise
measuring equipment.
Any person, persons or group of persons who shall violate this chapter
shall upon conviction thereof, be deemed guilty of a summary offense punishable
by a fine of not more than $1,000, plus cost of prosecution and, upon default
of payment, may be sentenced to the county jail for a period not exceeding
30 days. Each day that such violation continues or reoccurs shall be deemed
a separate offense. The commission of such violation by a corporation, firm
or partnership shall be construed, insofar as is legally permissible, as the
commission of such offenses by any and all officers and/or partners of said
corporation, firm or partnership.