[HISTORY: Adopted by the Township Council
of the Township of Bristol 6-15-2006 by Ord. No. 2006-09. Amendments noted
where applicable.]
A.
As used in this chapter, "noise disturbance" is defined
as any sound that endangers the safety or health of any person, disturbs
a reasonable person of normal sensitivities, or endangers personal
or real property. The measure of disturbance shall be measured in
accordance with the A-weighted decibel scale which is expressed as
"dBA."
B.
In those areas of the Township zoned residential as
defined by the Bristol Township Zoning Ordinance,[1] it shall be an excessive noise disturbance for the dBA
to exceed:
(1)
Between the hours of 7:00 a.m. and 10:00 a.m., 55
dBA (measurement from 30 feet away or whatever deemed practicable
by the enforcement official so long as the measurement technique is
compliant with suggested industry measurement standards).
(2)
Between the hours of 10:00 p.m. and 7:00 a.m., 45
dBA (measurement from 30 feet away or whatever deemed practicable
by the enforcement official so long as the measurement technique is
compliant with suggested industry measurement standards).
It is hereby declared to be a nuisance and shall
be unlawful for any person, firm or business entity to make, cause,
suffer, or permit to be made or caused upon a property owned, occupied
or controlled by him or it upon any public land, street, alley or
thoroughfare in Bristol Township any excessive noises, noise disturbance,
or sounds by means of vehicles, machinery, equipment (including sound
amplification equipment and musical instruments) or by any other means
or methods which are physically annoying to the comfort of any reasonable
person or which are so harsh, prolonged, and 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 Bristol Township or any number of residents
thereof.
The following acts and causes thereof are hereby
declared to be a nuisance and in violation of this chapter:
A.
Possessing, harboring or keeping 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.
B.
Operating, playing, or permitting the operation or
playing of any radio, television, audio equipment, sound amplifier,
musical instrument, or similar device that reproduces or amplifies
sound through electric or battery means in such a manner as to create
a noise disturbance or to cause annoyance to persons in the vicinity
for any person other than the operator of the device.
C.
Loudspeakers and public address systems: using or
operating of any loudspeaker, public address system, or similar device,
such that the sound therefrom creates a noise disturbance across a
residential real property line.
D.
Performing any construction operation or permitting
the operation of any tools or equipment used in construction, drilling,
blasting, demolition, excavation, and extraction of stone or other
such activities between the hours of 10:00 p.m. and 7:00 a.m.
E.
Repairing, rebuilding, modifying, testing, or operating
a motor vehicle, motorcycle, recreational vehicle or powered model
vehicle in such a manner as to cause annoyance to persons across a
real property boundary from the noise source.
(1)
All motorcycles built or rebuilt after 1982 and all
car engines will be operated at or below, held to the decibel level
of 86 consistent with 42 U.S.C. § 4905; 40 CFR 205, Subparts
D and E.
F.
Operating or permitting the operation of any mechanically
powered saw, drill, sander, grinder, lawn or garden tool or similar
device used out of doors between the hours of 10:00 p.m. and 7:00
a.m. in such a manner as to cause annoyance to persons across a real
property boundary from the noise source.
G.
Operating or permitting the operation of any motor
vehicle or any auxiliary equipment attached to such a vehicle, for
a period longer than five minutes in any hour while the vehicle is
stationary, for reasons other than traffic congestion or emergency
work, with the exception of railroad engines which may idle during
a warmup period not to exceed 20 minutes.
H.
The operation of a snowblower is permitted any time
within a twenty-four-hour period immediately after a snowstorm. Thereafter,
the operation of a snowblower is not permitted in residential areas
between the hours of 10:00 p.m. and 7:00 a.m. the following day so
as to cause a noise disturbance across a residential real property
boundary.
I.
Burglar alarms sounding or permitting the sounding
of any burglar alarm in or on any building or motor vehicle unless
such burglar alarm shall terminate its operation within 10 minutes
of its being activated.
J.
Motor vehicles and motorcycles on public rights-of-way.
No person shall operate or cause to be operated a public or private
motor vehicle or motorcycle at any time in such a manner that the
sound level emitted by the motor vehicle or motorcycle constitutes
a noise disturbance.
The restrictions set forth in §§ 129-1, 129-2 and 129-3 hereof shall not apply to any of the following noise sources.
A.
The emission of sound for the purpose of alerting
persons to the existence of an emergency.
B.
Emergency work performed to protect public health
or safety, including fire protection, protection from flood or other
disasters, and work performed to provide electricity, water or other
public utilities when public health or safety is involved.
C.
Public gatherings, performances and the like for which
a permit has been obtained from the Township.
D.
Warning devices on authorized emergency vehicles and/or
required for safety purposes.
E.
Vehicles, machinery, appliances and equipment used
in the case of an emergency snow removal.
A.
Any full- or part-time Bristol Township police officer
may issue a summary citation which shall specify the nature, date
and time of the violation.
B.
Any person or business entity, including but not limited
to business owner, renter, user and/or possessor, who shall violate
any of the provisions of this chapter shall, upon first summary conviction
thereof, be punishable by a minimum fine of up to $100. Each violation
of any of the provisions of this chapter shall be deemed to be a separate
and distinct offense. When a second and/or subsequent violations are
committed by the same person or entity within any twelve-month period,
the fine shall be doubled the amount of the previous fine up to a
maximum of $1,000 for each separate and distinct offense.
C.
In addition to the above, the Township may institute
an action for injunctive relief to prohibit or abate any activity
in violation of the provisions of this chapter.
