[HISTORY: Adopted by the Board of Commissioners
of the Township of Upper Allen as indicated in article histories.
Amendments noted where applicable.]
[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.
[1]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,[2] 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]
[1]
Editor's Note: Former Subsection C, which provided that no
person shall "[m]ake willfully or cause to be made loud, boisterous
or unseemly noise or disturbance to the annoyance of the peaceable
residents nearby, more particularly between the hours of 10:00 p.m.
and 6:00 a.m.," was repealed 12-20-2023 by Ord. No. 831. Pursuant to said ordinance, former Subsections D through F were redesignated as Subsections C through E, respectively. Said ordinance also renumbered former §§ 181-1 and 181-2 as Article I, Prohibited Acts, §§ 181-1.1 and 181-1.2.
[2]
Editor's Note: See 18 Pa.C.S.A. § 908.
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.
(Reserved)
As used in this article, the following terms shall have the
following meanings:
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.
Any dog, cat, or other domesticated animal or fowl confined
on that person's premises.
The Board of Commissioners of Upper Allen Township, Cumberland
County, Pennsylvania.
The erection, repair, renovation, demolition, or removal
of any building or structure, and the excavation, filling, or grading
of lots in connection therewith.
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.
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.
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage.
A motor vehicle used in response to a public calamity or
to protect persons or property from imminent exposure to danger.
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.
Any sound emitted by a person, animal, appliance, equipment,
instrument, or other device.
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.
An unwanted or disturbing sound.
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.
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.
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.
Any street, avenue, boulevard, highway, sidewalk, alley,
or similar place which is owned or controlled by a governmental agency.
Any real property or structures thereon which are owned or
controlled by a governmental entity.
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.
The sensation produced by stimulation of the organs of hearing
by vibrations transmitted through the air or other medium.
The Township of Upper Allen, Cumberland County, Pennsylvania.
A.
No person shall make, continue or cause to be made or continued any
noise disturbance, nor shall any person suffer, allow or permit any
noise disturbance to be made or continued from or at any property,
whether real or personal, that is subject to such person's right
to control.
B.
Specific prohibitions. The following acts and the causing thereof
are declared to be noise disturbances between the hours of 10:00 p.m.
and 6:00 a.m., unless otherwise stated herein, and therefore in violation
of this section.
(1)
Radios, television sets, musical instruments, and similar devices.
Operating, playing or permitting the operation or playing of any radio,
television, disc jockey equipment, drum, musical instrument, sound
amplifier, automobile radio, automobile stereo, high-fidelity equipment,
portable stereo or other similar device, including but not limited
to devices utilizing digital technology, all of which produces, reproduces
or amplifies sound at any time in such a manner as to cause a noise
disturbance:
(a)
Such noise level shall not create a noise disturbance within
a dwelling unit which is not the source of the sound.
(b)
Such noise level shall not be audible from the boundary line
of the real property affected by the noise, the curbline of a public
street or way or a point not less than 50 feet from the source of
the noise within any existing residential-only use.
(c)
Nothing herein shall be construed to prohibit a musical band
or orchestra from performing in an authorized parade, during a Township-sponsored,
community-sponsored or religious-sponsored event or during any lawful
activity subject to the provisions of this chapter.
(2)
Yelling and shouting, etc. Engaging in loud or raucous yelling,
shouting, hooting, whistling, or singing on a public street, or at
any time or place in such a manner as to create a noise disturbance.
(3)
Construction. Operating or permitting the operation of any tools
or equipment used in construction operations, drilling or demolition
in a manner as to cause a noise disturbance across a property boundary.
(4)
Domestic power tools. Operating or permitting the operation
of any mechanically powered saw, drill, sander, grinder, mower, snowblower,
lawn or garden tool, or similar device used outdoors in residential
areas so as to cause a noise disturbance across a property boundary.
(5)
Loading and unloading. Loading, unloading, opening, closing
or other handling of boxes, crates, containers, building materials,
or similar objects in such a manner as to cause a noise disturbance
across a property boundary. This subsection shall not apply to municipal
or utility services in or about the public right-of-way and the collection
of refuse in compliance with municipal ordinances.
(6)
Domesticated animals and birds. Owning, possessing, harboring
or controlling any animal or bird which howls, barks, meows, squawks
or makes other sounds continuously and/or incessantly for a period
of 30 minutes or makes such noise intermittently for one hour or more
to the disturbance of any person at any time of the day or night,
regardless of whether the animal or bird is situated in or upon private
property; provided, however, that at the time the animal or bird is
making such noise no person is trespassing or threatening to trespass
upon private property in or upon which the animal or bird is situated
or for any other legitimate cause which teased or provoked the animal
or bird.
(7)
Off-road vehicles. Operating or permitting the operation of
off-road vehicles so as to create a noise disturbance across a property
boundary.
(8)
Repairing, rebuilding, or testing any motor vehicle, motorcycle,
motorboat, or aircraft in such a manner as to cause a noise disturbance
across a real property or boundary line.
(9)
Motor vehicle prohibitions.
(a)
Squealing tires, burnouts, peel-outs, power braking, or similar
activity. No person shall cause or allow the tires of a motor vehicle
which the person is operating to squeal except when necessary in order
to avoid a collision with another person, vehicle, or other property.
(b)
Racing engine/rapid throttle advance. No person shall operate
a motor vehicle in such a manner that the public's attention
is drawn to the source of the noise. The prohibition of this subsection
shall include racing the engine or rapid throttle advance and/or revving
of an internal combustion engine resulting in an increase of noise
from the engine.
(c)
Unnecessary horn blowing or other warning device of a vehicle
except when necessary as a warning while actually driving such vehicle.
(d)
Operating motor vehicles on private property, causing continuous
and excessive noise for a period of 1/2 hour or more.
(10)
Discharging, detonating, igniting or otherwise using consumer
fireworks, unless otherwise permitted by state law or special permit.
A.
In accordance with the foregoing prohibitions, no person shall make,
continue or cause to be made or continued any noise disturbance which
is in excess of the limits set forth in Table 1. The ambient sound
level shall apply only if the measured ambient sound exceeds the maximum
sound level within the applicable category in Table 1.
|
Table 1: Maximum Permissible Sound Levels
| ||
|---|---|---|
|
Sound Originating Land Use
|
Maximum Sound Level (dBA or dBC)
| |
|
6:01 a.m. to 9:59 p.m.
(Daytime Hours)
|
10:00 p.m. to 6:00 a.m.
(Nighttime Hours)
| |
|
Residential dwelling (at the lot line of a property that is
used for residential use only)
|
65 dBA/dBC or 10 dBA/dBC above ambient sound level, whichever
is higher
|
55 dBA/dBC or 10 dBA/dBC above ambient sound level, whichever
is higher
|
|
Other
|
75 dBA/dBC or 10dBA/dBC above ambient sound level, whichever
is higher
|
60 dBA/dBC or 10 dBA/dBC above ambient sound level, whichever
is higher
|
B.
When exceeded. The sound level limits set forth in Table 1 shall
be exceeded if the measured sound level exceeds the established limit
by 10 dBA/dBC at any point during a continuous two-minute measurement
period.
C.
Where measured. For the purposes of this section, sound measurements
shall be taken either at the property line (boundary) where the noise
is being received, or at least 20 feet away from the noise source
if located in a public right-of-way. The measurements shall be made
at least five feet above the ground and away from any large surfaces
that reflect sound.
D.
No outdoor measurements shall be taken:
(1)
During periods when wind speeds (including gusts) exceed 15
mph; without a windscreen, recommended by the measuring instrument
manufacturer, properly attached to the measuring instrument;
(2)
Under any condition that allows the measuring instrument to
become wet (e.g., rain, snow, or condensation); or
(3)
When the ambient temperature is out of the range of the tolerance
of the measuring instrument.
E.
Measuring instruments. All sound measurements shall be made on a
sound level meter calibrated in the manner required by the manufacturer's
specifications.
F.
Background sounds. When measuring noise levels to ensure compliance
with Table 1, efforts shall be taken to remove or minimize atypical
background noises, when possible.
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.
A.
Business waivers. A waiver of this article may be considered if,
upon written request to the Board of Commissioners, the permitted
business can successfully prove the limits within this article create
an undue burden on the operation of said business.
B.
Special waivers. A temporary waiver from strict compliance with the
noise standards specified herein may be granted to persons for special
circumstances, as determined by the Board of Commissioners or its
designee. No waiver shall be issued for the same location within 30
business days of the date of the expiration of the previous special
waiver.
A.
The police officers of Upper Allen Township shall have the power
and authority to enforce the provisions of this article.
B.
Violation of this article shall be cause for a police officer to
issue a request to desist, a written warning, or a citation, which
is to be issued directly to the owner, occupant or person or persons
in charge of or in control of the device, building, or premises.
C.
Enforcement personnel may verbally communicate with the on-site staff
to request that sound levels be decreased. Enforcement personnel shall
have the power to shut down amplified music if two or more complaints
are received for the same event from unrelated parties.
D.
A special waiver or business waiver may be revoked by the Board of
Commissioners after a public hearing if the terms of the waiver are
violated; if it is learned that there were material misrepresentations
made in the waiver request; or if there is a material change in any
of the circumstances relied upon by the Board of Commissioners in
granting 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.
