Township of East Whiteland, PA Article II Noise and Nuisances

[Adopted 4-17-2001 by Ord. No. 133-2001[1]]

[1] Editor's Note: This ordinance repealed former Art. II, Disturbing the Peace, adopted 3-1-1966 by Ord. No. 27-66.

§ 133-3 (Reserved) [1]

[1] Editor's Note: Former § 133-3, Unnecessary noise prohibited, was repealed 9-17-2002 by Ord. No. 141-2002.

§ 133-4 Sound-producing devices, animals and birds.

A. Sound level limits and measurement.

(1) No person, firm or business entity shall play, use or operate, or knowingly permit to be played, used or operated, any radio receiving set, musical instrument, phonograph, sound amplifier, bell, siren, firework, rocket, whistle, alarm, audio signaling device, loudspeaker, exhaust or other machine or device that generates or reproduces sound, upon real or personal property owned, occupied or controlled by him or it, in such a manner that the sound emanating from such machine or device equals or exceeds, at any boundary of such property:

[Amended 1-9-2019 by Ord. No. 306-2019]

(a) Ten decibels greater than the background noise level; or

(b) Sixty-five decibels during the hours of 7:00 a.m. to 9:00 p.m., or 60 decibels during the hours of 9:00 p.m. to 7:00 a.m.

(2) Noise levels shall be measured according to American National Standards Institute Methods for the Measurement of Sound Pressure Levels, ANSI SI.13-1971 (R. 1986), or other equivalent method.

B. (Reserved)[1]

[1] Editor's Note: Former Subsection B, regarding continuous noise emitted by animals, was repealed 9-17-2002 by Ord. No. 141-2002.

C. The following are exempt from the prohibitions set forth in this § 133-4:

(1) The playing of a band or orchestra in any public park or in any enclosed concert hall, auditorium or clubroom, a firework display authorized pursuant to a permit from the Township or sponsored by the Township, or a parade that complies in other respects with Township ordinances.

[Amended 1-9-2019 by Ord. No. 306-2019]

(2) Emergency activities of municipal, county, state or federal government agencies and public utilities when they are seeking to repair or demolish roads or buildings or to provide water, electricity or other public utility services, and the public health, safety and welfare are implicated.

(3) Warning devices on authorized emergency vehicles and vehicles used for traffic safety purposes.

(4) Customary on-site noise connected with the actual performance of sporting events and commencement exercises of educational institutions, except that outdoor loudspeakers and public address systems are exempt only when used at sporting events and commencement exercises sponsored by educational institutions.

(5) Power lawn mowers and equipment and snowblowers, when operated between the hours of 7:00 a.m. (9:00 a.m. on Sundays and government holidays) and 9:00 p.m.

(6) Devices used by governmental entities in furtherance of governmental duties.

(7) Farm animals on properties where agricultural uses are permitted by zoning ordinances enacted by the Township.

(8) Noises made by animals or birds when a person is trespassing or attempting to trespass upon private property where the animal or bird is situated.

(9) Noises emanating from the operation of trains, airplanes and licensed transportation vehicles, except that automobile sound systems and unmuffled vehicles shall not be exempt.

(10) Backup alarms on commercial vehicles when used between the hours of 7:00 a.m. and 9:00 p.m.

§ 133-5 Sound trucks and loudspeakers.

A. No person shall operate a sound truck or loudspeaker on the streets or public places of the Township of East Whiteland without first obtaining a permit therefor from the Township Zoning Officer. Such permit shall be for a period of one day only, shall not be transferable, shall be limited to one sound truck and may not be extended as to the date it shall be used. No permit shall be issued for the operation of a sound truck earlier than 8:00 a.m. or later than 8:00 p.m. of the prevailing local time.

B. Every application for a permit shall be accompanied by a permit fee to be determined by the Board of Supervisors. The application for such permit shall be filed in duplicate with the Zoning Officer and shall set forth the following information:

(1) Name and residential address of the applicant.

(2) Business address of the applicant.

(3) Name and address of the owner of the sound truck.

(4) Make and license number of the sound truck.

(5) Name and residential address of the person operating the sound truck.

(6) Name and residential address of the person operating the sound equipment on the sound truck.

(7) The purpose for which the sound truck will be used.

(8) The proposed hours of operation of the sound truck.

(9) The applicant shall attach a certification from an engineer that amplifying equipment on the sound truck is regulated by decibels in such a manner that sound emanating from the equipment will not equal or exceed a level that is 15 decibels greater than the background noise level at a distance of 100 feet from the sound truck.

(10) The applicant shall attach documents demonstrating that the sound truck is covered by a policy of liability insurance in the amount of at least $200,000 per occurrence, and demonstrating that the sound truck has a current inspection sticker affixed by a facility authorized by the Commonwealth of Pennsylvania to conduct vehicle inspections.

C. After issuance of the permit, the Zoning Officer shall furnish one copy of the permit to the permittee. The permit must be in the possession of the operator of the sound truck during such time that the sound-amplifying equipment is in operation. The permit shall be promptly exhibited upon request of any police officer of the Township of East Whiteland.

§ 133-6 (Reserved) [1]

[1] Editor's Note: Former § 133-6, Horns, was repealed 9-17-2002 by Ord. No.141-2002.

§ 133-7 Construction; loading and unloading of vehicles; and landscaping and yard work.

It shall be unlawful for any person or business entity, or their agents or employees owning or occupying any building or premises in the Township of East Whiteland, to operate or permit to be operated any type of vehicle, machinery, appliance, equipment or hand tool which emits noise in violation of the decibel provisions of § 133-4A herein, between the hours of 9:00 p.m. and 7:00 a.m. (9:00 a.m. on 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.

§ 133-8 Nuisances to neighbors.

It shall be unlawful within the Township of East Whiteland for any person or business entity to engage in any use of or activity upon property that unreasonably interferes with the use, comfort and enjoyment of a neighbor's property or endangers the health or safety of the occupants of a neighboring property.

§ 133-9 Enforcement; violations and penalties.

A. Any Township law or Code Enforcement Officer may issue an order requiring the immediate abatement of any source of sound or other nuisance in violation of this chapter. The owner or operator of the subject property or equipment shall be notified of the violation upon hand or certified mail delivery of the order, which shall specify the nature, date and time of code violation and shall set forth the date and time by which the violation must be abated, which date and time shall not be more than 72 hours from the time of notification. If a person or entity does not comply with the abatement order within the time specified in the order, a summary citation may be issued for such violation.

B. Any person or business entity who or which shall violate any of the provisions of this article shall, upon summary conviction thereof, be punishable by a fine of not more than $1,000, plus costs of prosecution, and, in default of such fine and costs, by imprisonment in the county jail for a term not exceeding 30 days. Each violation of any of the provisions of this chapter shall be deemed to be a separate and distinct offense, and each day that a violation continues beyond the time limit set forth in the abatement order shall be deemed to be a separate and distinct offense.

§ 133-10 Special relief.

A. Any person or entity may request relief from the prohibitions of this article 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 under Subsection A above, 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 article. 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 henceforth be subject to all provisions of this article.

§ 133-11 Severability.

The provisions of this article are severable. If any provision of this article are held invalid, such invalidity shall not affect other provisions of the article which can be given effect without the invalid provisions.