As used in this chapter, the following terms shall have the
meanings indicated:
ALL-TERRAIN VEHICLE (ATV)
Any motorized off-road recreational vehicle capable of cross-country
travel on land, snow, ice, marsh, swampland or other natural terrain,
including but not limited to go-carts and multi-track, multi-wheel
or low pressure tire vehicles or similar two-wheel, three-wheel, four-wheel
or belt-driven vehicles, or an amphibious machine. The definition
of ATV excludes golf carts, construction machines, utility vehicles
used for business operations, agriculture, yard work, landscaping,
snow removal or otherwise being used in the reasonable maintenance
of a person's private property, or motorized vehicles being used
for law enforcement, fire, emergency, military or other authorized
governmental purpose.
CONSTRUCTION
Any site preparation, assembly, erection, repair, alteration,
remodeling, or similar action, including demolition and removal of
buildings or structures.
CONTIGUOUS LAND USE
Any land use bordering or abutting, whether divided by real
property boundary or by real property boundary and public street.
CONTINUOUS SOUND
Any sound which is static, fluctuating or intermittent with
a recurrence greater than one time in any fifteen-second interval.
DECIBEL (dB)
A unit of sound level which is a division of a logarithmic
scale used to express the ratio of the sound pressure of the source
or the pressure of an arbitrarily chosen reference pressure; the ratio
is expressed on the decibel scale by multiplying its "base 10 logarithm"
by 20.
DEMOLITION
Any dismantling, destruction, or removal of buildings, structures,
utilities or roadways.
EMERGENCY
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage which demands immediate
action.
IMPULSIVE SOUND
Sound of short duration with an abrupt onset and rapid decay
and an occurrence of not more than one time in any fifteen-second
interval. Examples of sources of impulsive sound include explosions
and the discharge of firearms.
LAND USE
The actual real use of land and buildings thereon situated
regardless of the zoning or other classification attributed to such
land and buildings.
LEGAL HOLIDAYS
New Year's Day, Martin Luther King Day, Presidents'
Day, Memorial Day, Fourth of July, Labor Day, Columbus Day, Veterans'
Day, Thanksgiving and Christmas.
NOISE
Any sound which annoys or disturbs humans or which causes
or tends to cause an adverse psychological or physiological effect
on humans.
PLAINLY AUDIBLE SOUND
Any sound that can be detected by a person using his or her
unaided hearing facilities.
POWERED MODEL VEHICLE
Any self-propelled airborne, waterborne or land born plane,
vessel or vehicle which is not designed to carry persons, including
but not limited to any model airplane, boat, car or rocket.
PURE TONE
Any sound which can be distinctly heard as a single pitch
or set of single pitches. For the purposes of this chapter, a pure
tone shall exist if the 1/3 octave band sound pressure level in the
band with the tone exceeds the arithmetic average of the sound pressure
levels of the two contiguous 1/3 octave bands by five dB for center
frequencies of 500 Hz and above, or by eight dB for center frequencies
between 160 Hz and 400 Hz and by 15 dB for center frequencies less
than or equal to 125Hz.
SOUND
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. The description
of sound may include any characteristic of such sound, including duration,
intensity and frequency.
SOUND DISSIPATIVE DEVICE
A noise-control device intended to abate or lessen the noise
made by vehicles, equipment or machinery.
SOUND LEVEL
The weighted sound pressure level obtained by the use of
a sound level meter and frequency weighting network, such as A, B,
or C as specified in American National Standards Institute specifications
for sound level meters (ANSI S1.4-1983, or the latest approved revision
thereof). If the frequency weighting employed is not indicated, the
A-weighting shall apply.
SOUND LEVEL METER
An instrument which includes a microphone, amplifier, RMS
detector, integrator or time average, output meter and weighting networks
used to measure sound pressure levels. The sound level meter used
for testing purposes in accordance with this chapter shall meet the
current American National Standard Institute specifications (ANSI
S1.4-1983, or the latest approved revision thereof).
SOUND PRESSURE
The instantaneous difference between the actual pressure
and the average or barometric pressure at a given point in space,
as produced by sound energy.
SOUND PRESSURE LEVEL
Twenty times the logarithm to the base 10 of the ratio of
the RMS sound pressure to the reference pressure of 20 micropascals
[20 times (10 to the negative sixth power) times N over (m squared).
The sound pressure level is denoted Lp or SPL and is expressed in
decibels.
The Township Code Enforcement Officer and state police shall have the power to administer the terms of this chapter, investigate complaints and prosecute violations of this chapter in accordance with §
125-4 of this chapter. When enforcing the terms of this chapter, the Township may retain consultants and engineers with experience in measuring sound levels with the use of sound level meters.
Any person who violates or permits the violation of any provision
of this chapter shall, upon conviction thereof in a summary proceeding
brought before a District Justice under the Pennsylvania Rules of
Criminal Procedure, be guilty of a summary offense, and shall be subject
to the payment of a fine of not less than $100 and not more than $1,000,
plus the costs of prosecution and reasonable attorney's fees.
In default of payment thereof, the defendant may be sentenced to imprisonment
in the county prison for a term of not more than 30 days. Each section
of this chapter violated shall constitute a separate offense, and
each day or portion thereof in which a violation of this chapter is
found to exist shall constitute a separate offense, each of which
violations shall be punishable by a separate fine imposed by the District
Justice. All fines and penalties collected for violation of this chapter
shall be paid to the Township Treasurer.