[Adopted 5-2-1967 by Ord.
No. 111]
It shall be unlawful for any person within the
limits of this township, on the streets, public places or elsewhere
therein, to:
A. Commit a breach of the peace, to be guilty of vagrancy,
riotous or disorderly practice, to engage in fighting or assaulting
or in inciting others to fight, assault or engage in any unlawful
act tending to imperil the personal security or endanger the property
of citizens or the property of companies or corporations or of the
township or others.
B. Commit open lewdness or any act of public indecency
or make any indecent exposure of the person; to be found publicly
in a state of intoxication or drunkenness; or to be gathered together
in disorderly assemblies on the streets or in drinking places, gambling
houses or houses of prostitution.
[Amended 3-15-2023 by Ord. No. 824]
C. Willfully or knowingly carry on his or her person or possess
or carry, in any vehicle owned, operated or occupied by such person,
any device of any type or description defined as an "offensive weapon"
in Section 908 of the Pennsylvania Crimes Code, as in effect from time to time, unless such person has
a legal right to possess or a lawful reason for possession of such
device. Any device found in violation of this section is subject to
seizure by the Upper Allen Township Police.
[Amended 6-16-1983 by Ord. No. 339; 3-15-2023 by Ord. No.
824]
D. Throw wantonly any stone, brick or other missile;
or to explode any torpedo, bomb, firecrackers or fireworks of any
kind in the streets, alleys or highways; or to raise any false alarm
of fire or other calamity.
E. Close
a lane of a Township-owned street without first receiving approval
from the Township, except in the event of an emergency. The responsible
entity for the restriction/closure shall provide notice to the Township
at least 48 business hours prior to starting work. The following shall
also apply:
[Added 1-20-2021 by Ord. No. 803]
(1) Notice
to the Township shall include the street location and/or address,
contact person, duration of restriction or closure, and type/nature
of work.
(2) Lane/street
closures are not permitted on Township-owned collector and arterial
streets between the weekday hours of 6:00 a.m. to 9:00 a.m. and 3:00
p.m. to 6:00 p.m., except in the event of an emergency. Projects which
require a lane/street to be closed for more than one business day
may be exempt from these times.
(3) If
a lane/street must be closed for two consecutive weeks or more, the
responsible entity shall provide at least one week's notice prior
to starting work. Notice shall be given to the Township, including
the Police and Fire Departments, EMS, Cumberland County Dispatch,
and the school district. Notice shall also be given to affected residents
through proper detour signs and/or written notice, stating the location
of the closure, duration of time, and detour routes. Additional notice
requirements may be required at the discretion of the Township.
(4) Any
entity that commences work without having submitted the proper notice
will be found in violation. Upon issuance of notice of violation,
all work will stop immediately. Work shall not resume until the proper
notice is approved by the Township. Any person violating the provisions
of this article shall be subject to the fines set forth in § 181-2
herein.
[Amended 6-17-1993 by Ord. No. 474; 3-15-2023 by Ord. No. 824]
Any person or persons who shall violate any
of the provisions of this chapter, shall, upon conviction thereof
before any Magisterial District Judge, be sentenced to pay a fine
not exceeding $1,000 for each offense and costs of prosecution and,
in default thereof, to suffer imprisonment for a period not exceeding
30 days.
[Adopted 12-20-2023 by Ord. No. 831]
This article shall be known as the "Upper Allen Township Noise
Ordinance."
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 or sounds in the Township. It is the purpose and
scope of this article to provide regulations defining a noise disturbance,
which persons, nonfarm animals, vehicles, appliances, and equipment
shall be not allowed to produce within specified distances from their
neighbors, and to provide for the prohibition of other kinds of offensive
noises. The Township finds it to be necessary to provide for control
and regulation to protect the physical, mental, and social well-being
of the residents of Upper Allen Township. This article attempts to
foster mutual respect among all residents and to establish a community
position against noise pollution.
As used in this article, the following terms shall have the
following meanings:
AMBIENT SOUND LEVEL
The composite of outdoor sound from all sources near and
far. The normal or existing level of environmental sound at a given
location, with the exclusion of the primary sound that is being monitored.
ANIMAL
Any dog, cat, or other domesticated animal or fowl confined
on that person's premises.
CONSTRUCTION OPERATION
The erection, repair, renovation, demolition, or removal
of any building or structure, and the excavation, filling, or grading
of lots in connection therewith.
CONSUMER FIREWORKS
Any combustible or explosive composition or any substance
or combination of substances which is intended to produce visible
or audible effects by combustion, is suitable for use by the public,
complies with the construction, performance, composition and labeling
requirements promulgated by the Consumer Products Safety Commission
in 16 CFR (relating to commercial practices) or an successor regulation
and complies with the provisions for consumer fireworks as defined
in APA 87-1 or any successor standard, the sale, possession and use
of which shall be permitted throughout this commonwealth. The term
does not include devices such as ground and handheld sparkling devices,
novelties, or toy caps in APA 87-1 or any successor standard, the
sale, possession and use of which shall be permitted at all times
throughout this commonwealth.
DECIBEL
A unity 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. The sound is indicated as "dBA" or "dBC." Noise and other sounds
shall be measured on a dBA scale. Bass sounds shall be measured on
a dBC scale.
EMERGENCY
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage.
EMERGENCY VEHICLE
A motor vehicle used in response to a public calamity or
to protect persons or property from imminent exposure to danger.
EMERGENCY WORK
Work made necessary to restore property to a safe condition
following a public calamity, work to restore public utilities or work
required to protect persons or property from an imminent exposure
to danger.
NOISE
Any sound emitted by a person, animal, appliance, equipment,
instrument, or other device.
NOISE DISTURBANCE
The plainly audible noise of such loudness, character, duration, or repetition from a single source, or from multiple sources, which is or may be predicated with reasonable certainty to be injurious to health, or which disturbs the peace, quiet, comfort, and enjoyment of neighboring property, or persons in a public space or public right-of-way, within any lawful business or activity, or exceeds the limits set out in §
181-2.6.
PERSON
Any individual, association, partnership, corporation, user,
owner, or operator, and includes any officer, employee, department,
agency, or instrument of a state or any political subdivision of a
state. Whenever used in any clause prescribing and imposing a penalty,
"person" includes the individual members, partners, officers, and
managers or any of them of partnerships and associations, and as for
corporations, the officers and managers thereof or any of them and,
in their absence, the shareholders.
PLAINLY AUDIBLE
Any sound that can be detected by a person using unaided
hearing faculties at a distance of 50 feet from the sound source.
"Plainly audible" shall refer to a sound heard at a volume level above
that of normal conversation and shall not include sounds which are
just barely audible. For example, if the sound source under investigation
is a portable or personal vehicular sound amplification or reproduction
device, the detection of the rhythmic bass component of the music
is sufficient to verify plainly audible sound. A law enforcement officer
need not determine the title, specific words or artist performing
the song.
PROPERTY BOUNDARY
An imaginary line exterior to any enclosed structure, at
the ground surface, which separates the real property owned, rented,
or leased by one person from that owned, rented, or leased by another
person, and its vertical extension.
PUBLIC RIGHT-OF-WAY
Any street, avenue, boulevard, highway, sidewalk, alley,
or similar place which is owned or controlled by a governmental agency.
PUBLIC SPACE
Any real property or structures thereon which are owned or
controlled by a governmental entity.
REAL PROPERTY
All land, whether publicly or privately owned, whether improved
or not improved, with or without structures, exclusive to any areas
devoted to public rights-of-way.
SOUND
The sensation produced by stimulation of the organs of hearing
by vibrations transmitted through the air or other medium.
TOWNSHIP
The Township of Upper Allen, Cumberland County, Pennsylvania.
Noise emitted from the following sources shall be exempt from
the noise standards specified in this article:
A. All safety signals, warning devices, or other sounds of authorized
vehicles and communication systems 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. Emergency work. Sounds caused by the performance of emergency work
or by the ordinary and accepted use of emergency apparatus and equipment.
C. Municipal and utility services. All operations by the Township, county,
or commonwealth departments, and public utility companies.
D. Bells, chimes, and carillons. When used in conjunction with celebrations
or public holidays. Routine ringing of bells and chimes by a place
of worship or clock owned by the Township or other governmental entity.
E. Household power tools and gardening/lawn care instruments between
the hours of 6:00 a.m. and 10:00 p.m.
F. Air conditioners, fans, heating units. Air conditioners, fans, heating
units, and similar devices of less than eight tons heating or cooling
capacity, provided such are operated within the manufacturer's
specifications and all reasonable measures have been taken to reduce
noise levels.
G. Tools, materials, and equipment are exempt from the time limitations
if used in the case of an emergency (such as a weather event). This
includes snow removal equipment.
H. Schools and public activities. Musical, recreational, and athletic
events conducted by or permitted by schools, local government, community
festivals, or other events sponsored by public or nonprofit organizations.
I. Concerts, block parties, carnivals, parades, or other performances
or similar activities as permitted or authorized by the Township,
J. Existing weapons firing ranges during daytime hours. Any weapons
firing ranges used for training or certifying law enforcement agencies
shall be exempt from this article.
K. All vehicles operating on public streets, railroads, and aircraft.
L. All agriculturally related operations and activities. This shall
include all animals on a permitted farm or in a permitted agricultural-related
operation or activity. This section does not apply to commercial kennels.
M. Construction. Construction operations during the hours of 6:00 a.m.
to 10:00 p.m. from Monday through Saturday, excluding Sundays and
legal holidays, except in the case of urgent necessity in the interests
of public safety. Additional times may be approved by special waiver,
as provided herein. Construction operations approved by the Pennsylvania
Department of Transportation (PennDOT) for work on or around state-owned
roads shall be exempt from provisions of this article.
N. Commercial and industrial operations. The following are exempt:
(1)
Any legitimate or licensed business, commercial or industrial
operation of any plant, factory or industry engaged in the business
of manufacturing or processing of food or other industrial or commercial
operation.
(2)
Any legitimate or licensed business which is not less than 500
feet from any residential dwelling.
O. Emergency power generation equipment used during a power outage.
P. All activities and sounds 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.
Q. Activities, events, or other operations permitted by a waiver, as
provided herein, according to the terms and conditions of said waiver.
Any person, firm or corporation who shall violate any provision
of this article shall, upon conviction before a Magisterial District
Judge as a summary offense, be sentenced to pay a fine of no less
than $300 and no more than $1,000 for each offense plus costs and,
in default of payment of said fine and costs, to a term of imprisonment
not to exceed 30 days. Each day that a violation of this article continues
shall be deemed a separate and distinct offense.
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) of the Pennsylvania
Consolidated Statutes and other ordinances of the Township. If more
stringent requirements concerning noise abatement are contained in
other statutes, rules, regulations or ordinances, the more stringent
regulation shall apply.