[HISTORY: Adopted by the Board of Supervisors
of the Township of East Norriton as indicated inn article histories.
Amendments noted where applicable.]
[Adopted 8-22-1994 by Ord. No. 342]
This article shall be known as the "East Norriton
Township Noise Ordinance."
This article is enacted pursuant to Section
702 of the Second Class Township Code, clauses XII, XXIX, XXXV, XLI,
LXII, 53 P.S. §§ 65712, 65729, 65735, 65741 and 65762.
The purpose of this article is to ensure that
public health, safety and welfare shall not be abridged by the making
and creating of noise pollution or of public nuisances from disturbing,
excessive or offensive noises in the Township. The residents of the
Township recognize that uncontrolled noise represents a danger to
the health and welfare of their neighbors and that each person in
the community is entitled to live in an environment in which the level
of impulsive and amplified noise is minimized for the community good.
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 offensive
noises. These regulations and prohibitions are intended to protect
the physical, mental and social well-being of the residents of the
Township.
The Board of Supervisors finds that the failure
of individuals, businesses, industries, persons maintaining animals,
social gatherings and other activities to regulate the noise emanating
from their premises constitutes a violation of the peace and enjoyment
of the residents of the Township and a public nuisance. Specifically,
such noise emanating from home occupations, businesses, industries,
sound amplification equipment, radios, electronic sound recording
equipment, vehicles, persons maintaining animals, social gatherings
and other activities:
A.
Creates a nuisance in that residents are deprived
of the enjoyment of their homes, disturbed in their sleep or otherwise
prevented from the quiet enjoyment of their residential premises;
B.
Affects the property values of residences in the residential
district of the Township;
C.
Affects the public welfare by reflecting negatively
on the residential districts established for the Township;
D.
Disturbs the peace and good order of the Township;
and
E.
Creates noise pollution.
A.
All acoustical terminology shall be interpreted in
accordance with that contained in ANSI S1.1, "Acoustical Terminology."
All other words and terms not defined herein shall be used with a
meaning of standard usage.
B.
ANSI
DECIBEL (dB)
EXCESSIVE NOISE
(1)
(2)
FLUCTUATING NOISE
IMPULSIVE NOISE
INTERMITTENT NOISE
NIGHTTIME
NOISE
NOISE LEVEL
NOISE POLLUTION
PARTY
PERIOD OF OBSERVATION
PERSON
SAE, INCORPORATED
SOUND LEVEL
SOUND-LEVEL METER
STEADY NOISE
VEHICLE
ZONING DISTRICTS
The following words and phrases, when used in this
article, shall have, unless the context clearly indicates otherwise,
the meanings given to them in this section.
American National Standards Institute or its successors.
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
to the pressure of an arbitrarily chosen reference pressure; the ratio
is expressed on the decibel scale by multiplying its base 10 logarithm
by 20.
That sound which is:
Injurious or which unreasonably interferes with
the comfortable enjoyment of life and property. Measured noise levels
in excess of limits established in these regulations or those specified
in valid permits are declared to be "excessive noise."
Annoying to a person of ordinary sensibilities.
A noise whose sound level varies significantly with time.
Characterized by brief excursions of sound level. The duration
of a single impulse is usually less than one second.
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.
9:00 p.m. to 7:00 a.m., prevailing time.
Any sound emitted by a person, animal, appliance, equipment,
instrument or other device.
Airborne sound levels expressed in dB and obtained by the
use of specific frequency dependent weighting networks, as specified
in the referenced standards and indicated by proper notation; if "A"
weighting is employed, the sound level is identified as dB(A).
Noise of such 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 or which unreasonably interferes
with the enjoyment of property or with any lawful business or activity.
Noise/sound pressure levels exceeding those permitted in any district
shall constitute "noise pollution."
A social gathering.
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 must be at least as long as the response time of the
instrumentation. The greater the variance in individual sound level,
the longer must be the observation time for a given expected accuracy
of measurement.
Includes an individual, firm, association, organization,
partnership, trust, company, corporation or any other similar entity.
Society of Automotive Engineers.
Noise level.
An instrument or combination of instruments which meets or
exceeds the requirements for an ANSI Type S1A or Type S2A sound-level
meter.
A noise whose level remains essentially constant (i.e., fluctuations
are less than five dB) during the period of observation.
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 semitrailers.
Those districts as set forth on the Zoning Map of the Township.[1]
[1]
Editor's Note: The Zoning Map is on file in
the Township offices and may be examined there during regular business
hours.
The following limits are established for noise
in the Township:
A.
General standards. No person shall create or allow
the creation of any noise or operate or cause to be operated any source
of sound on property in any zoning district owned, leased, occupied
or otherwise controlled by such person, which causes the sound level,
when measured at or beyond the boundaries of the lot on which such
activities take place, to exceed the noise levels specified below
in the various zoning districts unless otherwise specifically set
forth herein. Noise levels shall be measured at the setback lines
of the properties adjacent to the property from which the noise is
emanating.
|
Zoning Districts
|
Noise Level
(decibels)
| |
|---|---|---|
|
All residential districts, including RO Residential Office District, RP Residential Professional District and MR Medium Density Residential and such other residential districts as may be added to Chapter 205, Zoning, from time to time
|
62
|
B.
Special regulations. No person shall create or permit
to be created any sound which can be heard at the residence of any
neighbor in any residential district, as follows:
C.
Vehicles. No person shall operate either a motor vehicle
of a type subject to registration, except police and fire equipment
and ambulances or other government emergency vehicles, at any time
or under any condition of grade, load, acceleration or declaration
in such a 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 this article.
|
Type of Vehicle
|
Speed Limit of 35 MPH or Less
[dB(A)]
|
Speed Limit of 35 MPH or More
[dB(A)]
| |
|---|---|---|---|
|
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
|
90
| |
|
Any other vehicle or any combination of vehicles
towed by such motor vehicle
|
76
|
82
| |
|
Any motorcycle or motor-driven cycle
|
78
|
82
|
D.
Equipment. 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 this article.
|
Type of Equipment
|
Noise Limit
[dB(A)]
| |
|---|---|---|
|
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,
truck loaders, conveyer belts, stone crushers, compressors and pneumatic
power equipment, but not including pile drivers
|
86
| |
|
Agricultural tractors and equipment
|
86
| |
|
Powered commercial equipment of 2 horsepower
or fewer intended for infrequent use in residential areas, such as
chain saws, pavement breakers, log chippers, powered hand tools, etc.
|
84
| |
|
Powered equipment intended for repetitive use
in residential areas, such as lawn mowers, small lawn and garden tools,
riding tractors, snow removal equipment, etc.
|
70
| |
|
Portable and standby electrical generators, provided that generators
are used only during times of loss of utility-provided power, except
that such generators may be exercised for a period of no more than
1 hour from 7:00 a.m. to 9:00 p.m.
[Added 11-18-2014 by Ord.
No. 558] |
84
|
Noise emitted from the following sources shall
be exempt from the noise standards specified herein:
A.
All safety signals and warning devices (e.g., intrusion
alarms and backup alarms on trucks); authorized vehicles when responding
to emergencies (e.g., police, fire, ambulance sirens or any other
device used to alert persons to an emergency or used during the conduct
of emergency work).
B.
The provision, repair and maintenance of municipal
services or public utilities.
C.
Bells, chimes and carillons used for religious purposes
or in conjunction with national celebrations or public holidays; existing
bells, chimes and carillons that are currently in use for any purpose.
D.
Appliances, lawn and garden equipment, snow removal
equipment and household power tools in use between the hours of 7:00
a.m. (prevailing time) and 9:00 p.m. (prevailing time), provided that
such are operated within the manufacturer's specifications and with
all standard noise-reducing equipment in use, unmodified and in proper
operating condition.
E.
Heavy construction equipment when being used for a
relatively short period of time on a specific short-term project (such
as constructing a building; constructing, repairing or cleaning a
road; drilling a well; and other similar short-term, specific construction,
demolition or repair projects) in use between the hours of 7:00 a.m.
and 6:00 p.m., prevailing time, for the duration of such short-term,
specific project, provided that such heavy construction equipment
is operated within the manufacturer specifications and with all standard
noise-reducing equipment in use, unmodified and in proper operating
condition.
F.
Air conditioners, fans, heating units and similar
comfort devices, provided that such are operated within the manufacturer's
specifications and reasonable measures are taken to reduce noise levels
as approved by the Noise Enforcement Officer.
G.
Airplanes, helicopters and normal activities of properly
licensed airports.
H.
Musical, recreational and athletic events conducted
by or permitted by schools or local government.
I.
Activities permitted by special waiver, as provided
herein, according to the terms and conditions of said waiver; activities
conducted in accordance with a special activity permit approved by
the Board of Township Supervisors.
A temporary waiver from strict compliance with
the noise standards specified herein may be granted to persons during
emergency circumstances, as determined by the Noise Enforcement Officer,
to permit reasonable time to effect repairs and/or adjustments to
equipment, appliances, instruments and other sound-emitting devices
which, when in use, exceed the noise level limits, provided that the
use of such devices shall be essential to preserve and protect health
and safety or to comply with other lawful rules, regulations and ordinances.
For the administration of this article, the
Board of Supervisors shall appoint a person or persons as Noise Enforcement
Officer(s) who shall not hold any elective office in the Township
and who shall be qualified by training and experience to perform the
necessary measurements and procedures required to determine violations
of this article. Township police officers shall also be Noise Enforcement
Officers. The duties of the Noise Enforcement Officer shall be:
A.
To make inspections and observations of noise conditions,
and to investigate complaints.
B.
To issue all warnings, citations and special waivers
as provided herein and to undertake all other activities necessary
for the enforcement and administration of this article.
C.
To prepare and maintain records of all activities
undertaken in the course of the administration or enforcement of this
article.
The following procedures and penalties are prescribed
for enforcement of this article:
A.
Citations. If it is determined by the Noise Enforcement
Officer that a noise level in excess of the levels permitted by this
article shall have been caused or permitted by any person, the Officer
may issue a citation to such person causing or permitting said noise
level and prosecute the same before the District Justice.
B.
Injunctions. In addition, the Noise Enforcement Officer
may, after obtaining approval by the Board of Supervisors, file legal
or equitable actions in court in the name of the Township to abate
or enjoin violations of this article.
C.
Other penalties. Nothing in this article shall be
construed to impair any cause of action or to impair any equitable
or legal action 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.
D.
Public nuisance. Any emission of noise from any source
in excess of the limitations established herein is hereby declared
to be a public nuisance and may be abated by administrative or judicial
proceedings, fines and penalties herein provided.
E.
Other remedies. 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 on
such place or manner or at such levels which may give rise to such
cause of action.
F.
Noise pollution. This chapter is enacted as an ordinance
for protection of the public health and safety and for the control
of noise pollution in the Township.
The provisions of this article are not intended
to interfere with, abrogate or annul other rules, regulations or ordinances,
including Title 18 (Crimes Code) and Title 75 (Vehicle Code), Pennsylvania
Consolidated Statutes. If more stringent requirements concerning noise
abatement are contained in the other statutes, rules, regulations
or ordinances, the more stringent regulation shall apply.
Any person, firm or corporation who shall violate
any provision of this article shall, upon conviction thereof, be sentenced
to pay a fine of not more than $1,000 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.
[Adopted 1-7-2013 by Ord. No. 546]
This article shall be known as the "East Norriton Township Engine
Brake Retarder Ordinance."
The Board of Supervisors of the Township of East Norriton, Montgomery
County, Pennsylvania, finds as a fact that the operation of an engine
brake on a gasoline-powered or diesel-powered motor vehicle not equipped
with exhaust mufflers, or equipped with defective or modified exhaust
mufflers (commonly referred to as engine brake retarders), so as to
create excessive noise through the use of said engine brake, adversely
affects the public health, safety and welfare of the residents of
the Township of East Norriton and, therefore, is a nuisance in fact.
No gasoline-powered or diesel-powered motor vehicle shall be
operated on the following streets, roads, alleys or highways within
the Township of East Norriton, Montgomery County, Pennsylvania, utilizing,
in said operation, an engine brake, without exhaust mufflers, or with
defective or modified exhaust mufflers (commonly referred to as engine
brake retarders), permitting excessive noise to be created by said
motor vehicle:
|
Township Line Road (SR 3001): Trooper Road to North Wales Road
|
|
Eastbound from Trooper Road:
|
|
147 feet past Trooper Road
|
|
100 feet past Potshop Road
|
|
400 feet past Whitehall Road
|
|
80 feet before North Wales Road
|
|
Westbound from North Wales Road:
|
|
150 feet past North Wales Road
|
|
500 feet past Whitehall Road
|
|
50 feet past Potshop Road
|
|
150 feet before Trooper Road
|
|
Potshop Road (TWP): Schultz Road to Germantown Pike
|
|
Southbound from Schultz Road:
|
|
100 feet past Schultz Road
|
|
100 feet before Germantown Pike
|
|
Northbound from Germantown Pike:
|
|
100 feet past Germantown Pike
|
|
200 feet past Woodland Road
|
East Norriton Township shall erect, in accordance with the PennDOT approval, notice provisions ("signs") indicating that engine brake retarders are prohibited at the locations identified in § 127-15 of this article.
This article shall not apply to emergency driving situations
requiring the utilization of an engine brake to protect the safety
and property of the residents of East Norriton Township, other motor
vehicle operators, pedestrians, and the operator and passengers of
the motor vehicle involved in said emergency situation.
A.
Any person, firm, corporation or organization violating any of the
provisions of this article shall, upon summary conviction before a
District Magistrate having jurisdiction, be guilty of violating § 3111
of the Pennsylvania Vehicle Code, 75 Pa.C.S.A. § 3111, and
shall be deemed a nuisance under this article and shall be punishable
by a minimum fine or not less than $100 and a maximum fine of not
more than $1,000, plus costs of prosecution and, in default of the
payment thereof, shall be sentenced to undergo imprisonment in the
Township of East Norriton for a period not to exceed 10 days or imprisonment
in the county jail for a period not to exceed 30 days.
B.
In addition, East Norriton Township may institute an action for injunctive
relief to prohibit or abate any activity in violation of the provisions
of this article when repeated violations by the same person, firm,
corporation or organization occur.
