[HISTORY: Adopted by the Board of Supervisors
of the Township of Birmingham 1-17-2005 by Ord. No. 05-01. Amendments noted where
applicable.]
The Board of Supervisors of Birmingham Township
hereby ordains and enacts the following chapter which shall be referred
to as the "Noise Control Ordinance."
This chapter shall apply to the control of all
sound originating within the limits of Birmingham Township.
As used in this chapter, the following terms
shall have the meanings indicated herein. All terminology used in
this chapter and not defined below shall be in conformance with applicable
publications of the American National Standards Institute (ANSI) or
its successor body.
An enterprise that is actively engaged in the production
and preparation of crops, livestock and livestock products and in
the production, harvesting, and preparation of agricultural, agronomic,
horticultural, silvicultural and aquacultural crops and commodities.
Any motor vehicle designed for off-highway use by one operator
with no passengers, having a seat or saddle designed to be straddled
by the operator and handlebars for steering control.
The composite or normal or existing sound from all sources
measured at a given location for a specific time of the day or night.
The sound pressure level as measured on a sound level meter
using the A-weighting network. The level so read shall be designated
dB(A) or dBA.
Any site preparation, assembly, erection, repair, alteration
or similar action, including demolition of buildings or structures.
Any land use bordering or abutting, whether divided by real
property boundary or by real property boundary and public street.
A steady, fluctuating or impact noise which exists essentially
without interruption for a period of one hour or more.
Steady, fluctuating or impulsive noise which may or may not
contain a pure tone and which varies in sound pressure level such
that the same level is obtained repetitively at reasonably uniform
intervals of time.
A logarithmic (dimensionless) unit of measure often used
in describing the amplitude of sound. Decibel is denoted dB.
Any dismantling, destruction, or removal of buildings, structures
or roadways.
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage which demands immediate
action.
The level of a steady sound which in a stated time period
and at a stated location has the same A-weighted sound energy as the
time-varying sound.
When the sound pressure level of a fluctuating noise varies
more than six dBA during the period of observation when measured with
the slow-meter characteristic of a sound level meter and does not
equal the previously existing ambient noise level more than once during
the period of observation.
A noise characterized by brief excursions of sound pressure
whose peak levels exceed the ambience by 10dB. The duration of a single
impulse is usually less than one second and requires the use of a
sound level meter specially adapted for its measurement. Examples
of impulsive sound include but are not limited to gun shots, blasting
and hammering.
The actual real use of land and buildings thereon situated
regardless of the zoning[1] or other classification attributed to such land and buildings.
A vehicle which is self-propelled except for one which is
propelled solely by human power or by electric power obtained from
overhead trolley wires.
Any sound which annoys or disturbs humans or which causes
or tends to cause an adverse psychological or physiological effect
on humans or which endangers personal or real property.
Any noise which:
Any noise for which the information content of that noise
is unambiguously communicated to the listener, such as, but not limited
to, understandable spoken speech or comprehensible musical rhythms.
Any powered vehicles, either airborne, waterborne, or landborne,
which are designed not to carry persons or property and which can
be propelled by mechanical means, such as but not limited to, model
airplanes, boats, cars and rockets.
An imaginary line at the ground surface, and its vertical
extension, which separates the real property owned by one person from
that owned by another person.
Any sound which can be distinctly heard as a single pitch
or a set of single pitches. For the purposes of this chapter, a pure
tone shall exist if the 1/3 octave band sound pressure level in the
band with the tone exceeds the arithmetic average of the sound pressure
levels of the two contiguous 1/3 octave bands by five dB for center
frequencies of 500 Hz and above, by eight dB for center frequencies
between 160 Hz and 400 Hz and by 15 dB for center frequencies less
than or equal to 125 Hz.
The land use which is a contiguous use to the noise source.
Motor vehicles which are used for the purpose of recreation
off of the public right-of-way, such as, but not limited to, ATVs,
motorized dirt bikes, go-carts and snowmobiles.
An oscillation in pressure, particle displacement, particle
velocity or other physical parameter in a medium with internal forces
that causes compression and rarefaction of that medium. The description
of sound may include any characteristic of such sound, including duration,
intensity and frequency.
A noise-control device intended to abate or lessen the noise
made by vehicles, equipment or machinery.
The weighted sound pressure level obtained by the use of
a sound level meter and frequency weighting network, such as A, B
or C as specified in American National Standards Institute specifications
for sound level meters (ANSI SI.4-1971, or the latest approved revision
thereof). If the frequency weighting employed is not indicated, the
A-weighting shall apply.
An instrument which includes a microphone, amplifier, RMS
detector, integrator or time averager, output meter and weighting
networks used to measure sound pressure levels. The sound level meter
used for testing purposes in accordance with this chapter shall meet
the current American National Standard Institute specifications.
Any device, fixed or movable, which is located or used on
geographically defined real property other than a public right-of-way.
The Board of Supervisors may delegate to the
Birmingham Township Police Department and/or to the Township Codes
Enforcement Officer the power to administer the terms of this chapter,
to investigate complaints and prosecute violations of this chapter.
When enforcing the terms of this chapter, the Police Department and
Codes Enforcement Officer may engage consultants and engineers with
experience in measuring sound levels with the use of sound level meters
from a list approved by the Board of Supervisors. Such consultants
shall have the powers and authority as delegated by the Police Department
or Codes Enforcement Officer and shall act as the Township's agent
for the administration and enforcement of this chapter.
A.
Specific prohibited acts. The following actions are
specifically prohibited regardless of the sound level which is emitted,
unless otherwise exempted in this chapter:
(1)
No person shall operate, play or permit the operation
or playing of any radio, television, phonograph, drum, musical instrument,
cassette player, sound amplifier or similar device which produces,
reproduces or amplifies sound between the hours of 10:00 p.m. of one
day and 7:00 a.m. of the following day in such a manner as to be plainly
audible across a property line.
(2)
No person shall load or unload trucks or other motor
vehicles or open, close or otherwise handle boxes, crates, containers,
building materials, garbage cans or other objects between the hours
of 10:00 p.m. of one day and 7:00 a.m. of the following day in such
a manner as to be plainly audible across a property line.
(3)
No person shall own, possess, harbor or control any
animal or bird which howls, barks, meows, squawks or makes other sounds
continuously and/or incessantly for a period of 10 minutes or makes
such noise intermittently for 1/2 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 cause
which teased or provoked the animal or bird.
(4)
No person shall remove or render inoperative a sound-dissipative
device from motor vehicles, equipment or machinery, other than for
purposes of maintenance, repair or replacement, when such motor vehicle,
equipment or machinery is not in use; intentionally move or render
inaccurate or inoperative any sound-monitoring instrument or other
device positioned by or for the Township or other governmental entity
or agent thereof; or use any motor vehicle, equipment or machinery
which has had a sound-dissipative device or any part thereof removed
or rendered inoperative.
(5)
No person shall repair, rebuild or test or otherwise
work on any motorcycle, motor vehicle, motorboat or aircraft between
the hours of 10:00 p.m. of one day and 7:00 a.m. of the following
day in such a manner as to be plainly audible across a property line.
(6)
Except for emergencies, no person shall intentionally
sound or permit the sounding outdoors of any fire, burglar or civil
defense alarm or any similar stationary emergency signaling device
intended for public notification.
(7)
No person shall operate a recreational off-road vehicle
within 50 feet of a property line. Recreational off-road vehicles
may only be used in an area that is more than 50 feet from the property
line as long as the recreational off-road vehicle is equipped with
manufacturer's specifications for sound-dissipative devices.
B.
General performance standards/noise levels.
(1)
It shall be unlawful for any person to operate or
permit to be operated any stationary source of noise in such a manner
as to create a sound pressure level which exceeds the limits set forth
for the receiving land use in the following table when measured at
the property boundary. When a noise source can be identified and its
noise measured in more than one land use category, the limits of the
most restrictive use shall apply at the boundaries between the different
land use categories. All measurements shall be made with a sound level
meter which is in conformance with American Standards Association
specifications. The minimum time period for measuring the stationary
source of noise shall be five minutes, and where practicable, the
microphone of the sound level meter shall be positioned 5 1/2
feet above the ground level.
(2)
Continuous sound levels by receiving land use.
|
Receiving Land Use Category
|
Time
|
Maximum Leq
in dBA
|
|---|---|---|
|
Residential, public space, open space, agricultural
or institutional
|
7:00 a.m. - 10:00 p.m.
|
65
|
|
10:00 p.m. - 7:00 a.m., plus Sundays and legal
holidays
|
55
| |
|
Commercial or business
|
7:00 a.m. - 10:00 p.m.
|
72
|
|
10:00 p.m. - 7:00 a.m., plus Sundays and legal
holidays
|
62
| |
|
Industrial
|
At all times
|
72
|
(3)
Correction for character of sound. For any stationary
source of sound which emits a pure tone, a cyclically varying noise
or repetitive impulse noise, the maximum sound-level limits set forth
in the above table 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 the time of day or night or receiving land use, using
the fast meter characteristic of a Type II meter, meeting ANSI Specification
SI.4-1971.
The following noises are exempted from the provisions set forth in § 72-5 of this chapter:
A.
Blasting, only if performed in accordance with a permit
issued by the Pennsylvania Department of Environmental Protection,
the Township Fire Marshal or any other governmental agency having
jurisdiction. Such blasting may occur only between the hours of 7:00
a.m. and 5:00 p.m., Monday through Friday, unless specifically authorized
at different times by the DEP permit.
B.
Alarms or other devices used for the purpose of alerting
people to the existence of an actual emergency or devices such as
a horn or siren installed in a motor vehicle and used to warn persons
of an imminent danger.
C.
Emergency work to provide electricity, water or other
public utilities or restore essential public services, including construction
activities directly related to the abatement of an emergency.
D.
Authorized emergency vehicles responding to an emergency.
E.
A snow plow in operation.
F.
Work or activities performed or sponsored by schools
and governmental agencies or their contractors in the performance
of public service.
G.
Noises made by bells, chimes, carillons used for religious
purposes or in conjunction with national celebrations or public holidays;
existing bells, chimes and carillons and clock strike mechanisms that
are currently in use for any purpose.
H.
Motor vehicle operations shall not exceed the noise
levels established in Chapter 157 of Title 67 of the Pennsylvania
Code of Regulations, Subchapter B, Established Sound Levels.
I.
Construction and demolition shall be exempt from the sound level limits in § 72-5B; provided, however, that all construction and demolition activity, excluding emergency work, shall be performed between the hours of 7:00 a.m. until 8:00 p.m. on weekdays and 9:00 a.m. until 6:00 p.m. on Saturdays, unless such activities meet the sound level limits in § 72-5B.
J.
Construction and demolition activities performed by the property owner himself (without using paid employees), provided that such activity shall be performed between the hours of 7:00 a.m. until 8:00 p.m. on weekdays and 9:00 a.m. until 6:00 p.m. on Saturdays and Sundays, unless such activities meet the sound level limits in § 72-5B.
K.
Domestic power tools, including but not limited to
lawn mowers, garden equipment, snow removal equipment, power saws,
sanders and other equipment used for building repair or maintenance
between the hours of 7:00 a.m. and 10:00 p.m.
L.
Agricultural operations.
A.
The Board of Supervisors, upon application from any person, shall have the authority to grant temporary permits permitting the operation or causation of sound in excess of the maximum permissible sound levels by receiving land use established in § 72-5B if the following conditions are met to the satisfaction of the Board:
(1)
The temporary operation or causation of such sound,
under the circumstances, will not severely jeopardize the health,
welfare or safety of the citizens of the Township.
(2)
The denial of such a permit will impose excess hardship
on the applicant, the community or other persons.
(3)
The operation will not have an adverse effect on a
contiguous land use.
(4)
The operation will not exceed 30 days.
B.
The Board of Supervisors shall have the right and
authority to impose reasonable conditions and restrictions upon any
applicant for a temporary permit in order that the policy of this
chapter be implemented.
C.
Any person seeking a permit pursuant to this section
shall file an application with the Board of Supervisors at least 10
days prior to commencement of the noise source. Said applicant shall
include the following information:
(1)
The name, address and telephone number of the applicant.
(2)
The proposed location of the activity.
(3)
The nature and purpose of the proposed activity which
will generate sound.
(4)
The proposed (estimated) levels of sound to be generated
and the hours of generation.
(5)
A statement demonstrating that bringing the source
of sound or activity for which the permit is sought into compliance
with the standards set forth in this chapter would impose an unreasonable
hardship on the applicant, the community or other persons.
D.
Permits shall be granted, by written notice, to the
applicant containing all necessary conditions, including a time limit
on the permitted activity. The permit shall not become effective until
all conditions are agreed to by the applicant. Noncompliance with
any conditions of the permit shall terminate the permit and subject
the person holding it to the violation provisions of this chapter.
E.
The issuance of any permit by the Board of Supervisors
does not hold Birmingham Township, the Birmingham Township Police
or the Codes Enforcement Officer responsible in any way for death,
injuries or damages resulting from the issuance of a permit.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation
of this chapter shall, upon conviction in a summary proceeding brought
before a Magisterial District Judge under the Pennsylvania Rules of
Criminal Procedure, be guilty of a summary offense and shall be punishable
by a fine of not more than $1,000, plus costs of prosecution. In default
of payment thereof, the defendant may be sentenced to imprisonment
for a term not exceeding 90 days. Each day or portion thereof that
such violation continues or is permitted to continue shall constitute
a separate offense, and each section of this chapter that is violated
shall also constitute a separate offense.
