[HISTORY: Adopted by the Board of Commissioners of the Township of
Ridley 8-27-2003 by Ord. No. 1842.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Alarms and alarm systems — See Ch. 66.
Animals — See Ch. 77.
Disorderly conduct — See Ch. 113.
Hazardous materials — See Ch. 151.
Peddling and soliciting — See Ch. 209.
Picketing — See Ch. 213.
Zoning — See Ch. 325.
[1]
Editor's Note: This chapter also repealed former Chapter 190,
Noise and Odors, adopted 3-19-1975 as Ch. 84 of the 1975 Code, as amended.
It is hereby declared to be a nuisance and it shall be unlawful for
any person, firm or business entity to make or cause, or suffer or permit
to be made or caused, upon premises owned, occupied or controlled by him or
it or upon any public land, street, alley or thoroughfare in the Township
of Ridley any unnecessary noises or sounds, by means of the human voice or
by any other means or methods, including but not limited to any radio receiving
set, musical instrument, phonograph, sound amplifier, bell, siren, whistle,
alarm, audio signaling device, loudspeaker, exhaust or other machine or device
that generates or reproduces sounds which are so harsh, prolonged, unnatural
or unusual in their use, time and place as to occasion physical discomfort
or which are otherwise injurious to the lives, health, peace and comfort of
the inhabitants of said Township or any number of residents thereof.
A.
CONTINUOUS SOUND
IMPULSIVE SOUND
PURE TONE
Terminology. All technical terminology used in this chapter
not defined below shall be in conformance with applicable publications of
the American National Standards Institute (ANSI), its latest approved revisions
thereof, or its successor body.
Any sound which is steady state, fluctuating or intermittent with
a recurrence greater than one time in any fifteen-second interval.
Any 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.
A sound sensation characterized by its singleness of tone.
B.
Standards. For the purpose of measuring sound in accordance
with the applicable provisions of these regulations, test equipment methods
and procedures shall conform to the latest approved standards as published
by ANSI or its approved equivalent.
(1)
Residential and special zoning districts. At no point
on the property line of the receiving land use or at any point within the
receiving land use in a residential district or apartment or multiple type
housing or municipal use district shall the sound-pressure level of any continuous
sound resulting from any operation exceed the maximum permitted sound levels
set forth below (except as may be expressly modified or waived herein):
(2)
Commercial standards. At no point on the property line
of the receiving land use or at any point within the receiving land use within
any commercial district shall the sound-pressure level of any continuous sound
resulting from any operation exceed the maximum permitted sound level set
forth below (except as may be expressly modified or waived herein).
(3)
Industrial standards. At no point on or beyond the boundary
of any receiving land use in the industrial district shall the sound-pressure
level of any continuous sound resulting from any operation exceed the commercial
standards cited above except as expressly modified or waived herein.
(a)
Hours of operation restricted. Between the hours of 9:00
p.m. and 7:00 a.m. seven days a week and before 2:00 p.m. on Sunday, no person
shall operate or cause or permit to be operated any business use in any industrial
district, within 200 feet of any school, institution of learning, church,
or other public buildings or residential buildings, which produces noise and
odors which unreasonably interfere with the working of said institutions or
residential uses or which disturbs or unduly annoys the persons inside such
buildings.
(4)
Correction of character of sound. For any source of sound which emits a pure tone, the maximum sound level limits set forth in Subsection B(1)(b) and B(2)(b) shall be reduced by five dBA. For any source of sound which emits an impulsive sound, the excursions of sound-pressure level shall not exceed 20 dBA over the ambient sound pressure level, regardless of time of day or night or receiving land use.
C.
No person, firm or business entity shall possess, harbor
or keep an animal or bird which makes any noise continuously and/or persistently
for a period of 15 minutes or more, in such a manner as to disturb or annoy
any person at any time of the day or night, regardless of whether the animal
is situated upon private property.
D.
The following are exempt from the prohibitions set forth
in this section:
(1)
The playing of a band or orchestra in any public park
or in any enclosed concert hall or auditorium or a parade that complies in
other respects with Township ordinances.
(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)
Outdoor loudspeakers, public address systems and customary
on-site noise connected with commencement exercises of educational institutions
and with the actual performance of sporting events or recreational activities
authorized by educational institutions, municipalities or nonprofit organizations.
(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 government entities in the 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)
Transportation noises emanating from the operation of
trains, airplanes and automobiles, 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.
A.
No person shall operate a sound truck or loudspeaker
on the streets or public places of the Township of Ridley 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 of $100. 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 (ambient) 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 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 Ridley.
It shall be unlawful for any person or business entity to sound any
horn or warning device on any automobile, motorcycle, bus or other vehicle
except when required by law or to give timely warning of impending danger
to persons driving other vehicles or to persons upon the street. No person
shall sound any horn or warning device which shall emit an unreasonably loud
or harsh sound or for any unnecessary or unreasonable period of time.
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 Ridley, to operate or permit to be operated any type of vehicle, machinery,
appliance, equipment or hand tool which emits noise beyond the boundary of
the property upon which said machinery, appliance, equipment or hand tool
is being operated or used 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.
It shall be unlawful within the Township of Ridley for any person or
business entity to engage in any use of or activity upon property that, by
reason of odors, fumes, noise or dust, 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.
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 upon its issuance within the time specified in the order, a summary
citation may be issued for such violation.
B.
Any person or business entity who shall violate any of
the provisions of this chapter 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.
A.
Any person or entity may request relief from the prohibitions
of this chapter 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 chapter. 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 chapter.
