[HISTORY: Adopted by the Council of the City
of Easton 12-23-1992 by Ord. No. 3235A;[1] amended in its entirety 10-10-2007 by Ord. No. 5018 (Art.
13111 of the 1965 Codified Ordinances). Subsequent amendments noted
where applicable.]
GENERAL REFERENCES
Planning Commission — See Ch. 119.
Alarms — See Ch. 180.
Fees — See Ch. 285.
Zoning — See Ch. 595.
[1]
Editor's Note: Excessive levels of sound and
vibration are detrimental and harmful to the health, safety and welfare
of the residents of Easton. The purpose of this chapter is to provide
for greater control and more effective regulation of excessive sound
and vibration by establishing permissible sound levels; prohibiting
noise disturbances and activities that cause noise disturbances; providing
for variances and appeals; defining the powers and duties of the Police
Department and Bureau of Code Enforcement in the enforcement of this
chapter; establishing power of the Zoning Hearing Board to hear appeals
and grant variances and providing penalties for violations of this
chapter; and providing that the Planning Commission shall consider
the noise standards established herein as a condition for the approval
of all applications.
The following words, terms and phrases, when
used in this chapter, shall have the following meanings unless the
context wherein they appear clearly indicates otherwise. All terminology
used in this chapter which is not defined below shall be interpreted
in conformity with the applicable publications of the American National
Standards Institute [ANSI S1.1-1960 (R1971) or its revisions] or its
successor body.
The sound pressure level in decibels as measured on a sound
level meter using the A-weighting network. The level so read is designated
dB(A).
The erection, repair, renovation, demolition or removal of
any building or structure and the excavation, filling, grading and
regulation of lots in connection therewith.
A unit for measuring the sound pressure level, equal to 20
times the logarithm to the base 10 of the ratio of the pressure of
the sound measured to the reference pressure, which is 20 micropascals
(micronewtons per square meter).
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage.
Any work performed for the purpose of preventing or alleviating
the physical trauma or property damage threatened or caused by an
emergency.
A sound which is neither part of the neighborhood residual
sound nor comes from the source under investigation.
Sound of short duration, usually less than one second, with
an abrupt onset and rapid decay. Examples of impulsive sound include
explosions, drop forge impacts and the discharge of firearms.
Any vehicle which is propelled or drawn on land by a motor,
such as, but not limited to, passenger cars, trucks, truck trailers,
semitrailers, campers, go-carts, snowmobiles, amphibious crafts on
land, dune buggies, racing vehicles or motorcycles.
A device designed or used for abating the sound of escaping
fluids from an engine or machinery system.
That measured value which represents the summation of the
sound from all of the discrete sources affecting a given site at a
given time, exclusive of extraneous and transient sounds and the sound
from the source of interest.
Any sound which annoys or disturbs humans or which causes
or tends to cause an adverse psychological or physiological effect
on humans.
Any sound which:
Any individual, association, partnership or corporation,
and includes any officer, employee, department, agency or instrumentality
of a state or any political subdivision of a state. "Person" includes
the owner or operator of the noise disturbance source, the owner,
tenant or manager of real property from which the noise disturbance
emanates and any other individual responsible for producing the noise
disturbance or allowing such disturbance to occur.
Any self-propelled airborne, waterborne or landborne plane,
vessel or vehicle which is not designed to carry persons, including,
but not limited to, any model airplane, boat, car or rocket.
Any street, avenue, boulevard, highway, sidewalk, alley or
similar place which is owned or controlled by a governmental entity.
Any real property or structures thereon which are owned or
controlled by a governmental entity.
Any sound which can be heard as a single pitch or a string
of single pitches.
Either:
The imaginary line, including its vertical extension,
that separates one parcel of real property from another;
The vertical and horizontal boundaries of a
dwelling unit that is one in a multidwelling unit building; or
The vertical and horizontal boundaries of a
dwelling unit or commercial unit of a mixed residential-business use
building.
All land whether publicly or privately owned, whether improved
or not improved, with or without structures, exclusive of any areas
devoted to public right-of-way.
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 characteristics of such sound, including
duration, intensity and frequency.
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 S1.4-1971, or the latest revision thereof).
If the frequency weighting employed is not indicated, the A-weighting
shall apply.
An instrument used to measure sound level and which conforms
to Type 1 or Type 2 standards as specified in ANSI specification S1.4-1971.
The instantaneous difference between the actual pressure
and the average or barometric pressure at a given point in space,
as produced by sound energy.
The level of a sound measured in dB units with a sound level
meter which has a uniform ("flat") response over the band of frequencies
measured.
A sound whose level does not remain constant during measurement.
An oscillatory motion of solid bodies of deterministic or
random nature described by displacement, velocity or acceleration
with respect to a given reference point.
Any day, Monday through Friday, which is not a legal holiday.
These which have been enacted by City Council in Chapter 595, Zoning, as may be amended from time to time.
[Amended 2-8-2012 by Ord. No. 5339]
A.
The noise control program established by this chapter
shall be administered by the Easton Police Department, Bureau of Code
Enforcement and Lafayette College police officers.
B.
The Bureau of Code Enforcement shall have the power
to:
(1)
Review the actions of other departments and request
any department or agency responsible for any proposed or final standard,
regulation or similar action to consult on the advisability of revising
the action if there is reason to believe that the action is not consistent
with this chapter.
(2)
Review public and private projects subject to mandatory
review or approval by other departments for compliance with this chapter
if such projects are likely to cause sound or vibration in violation
of this chapter. All zoning applications shall be reviewed by the
Bureau for compliance with this chapter.
(3)
Enter, upon presentation of a City-issued identification
card, badge or other sign of authority, and inspect any private property
or place, and inspect any equipment or operation or any report or
records of such equipment or operation when such equipment or operation
may be reasonably suspect of being the source of a noise disturbance
or the cause of excessive vibration. Such entry and inspection may
be accomplished at any reasonable time when granted permission by
the owner or by some other person with apparent authority to act for
the owner. When permission is refused or cannot be obtained, a search
warrant may be obtained from a court of competent jurisdiction upon
showing of probable cause to believe that a violation of this chapter
may exist. Such inspections may include administration of any necessary
tests.
(4)
Require the owner or operator of any commercial or
industrial activity that may be reasonably suspect of being the source
of a noise disturbance or the cause of excessive vibration to establish
and maintain records (including time and duration) of equipment operations
and other procedures.
(5)
Require the owner or operator of any noise source(s)
to cease operation of that source(s) for a period not to exceed 15
minutes so that the neighborhood residual sound levels may be measured.
(6)
Develop and promulgate standards, testing methods
and procedures.
A.
Noise disturbance prohibited. No person shall make,
continue or cause to be made or continued any noise disturbance. Noncommercial
public speaking and public assembly activities shall be exempt from
the operation of this section. Public assembly activities include,
but are not limited to, church worship services and sporting events
sponsored by an educational institution or nonprofit athletic association.
B.
Enforcement. The Easton Police Department and/or Lafayette College police officers shall have primary responsibility for the enforcement of prohibited acts under § 376-3.
[Amended 2-8-2012 by Ord. No. 5339]
C.
Specific prohibitions. The following acts, and the
causing thereof, are declared to be noise disturbances and therefore
in violation of this chapter.
(1)
Radios, tape players, television sets, musical instruments,
electronic amplification equipment and similar devices. Operating,
playing or permitting the operation or playing of any radio, television,
phonograph, drum, musical instrument, sound amplifier, automobile
radio, automobile stereo or high fidelity equipment or similar device
which produces, reproduces or amplifies sound:
(a)
At any time of the day in such a manner from
any source as to create a noise disturbance across a real property
boundary;
(b)
In such a manner as to create a noise disturbance
across any real property boundary when operated in or on a motor vehicle
on a public right-of-way or public space;
(c)
In such a manner as to create a noise disturbance
to any person other than the operator of the device, when operated
by any passenger on a common carrier; or
(d)
At such a sound intensity that the sound is
audible from a distance of 40 feet in any public area, street or sidewalk
of the City, when the sound source is in any public area, street or
sidewalk of the City.
(2)
Stationary nonemergency signaling devices. Sounding
or permitting the sounding of any signal from any stationary bell,
chime, siren, whistle or similar device, intended primarily for nonemergency
purposes, from any place, for more than one minute in any hourly period.
(3)
Emergency signaling devices.
(a)
The intentional sounding or permitting the sounding outdoors of any fire, burglar or civil defense alarm, siren, whistle or similar stationary emergency signaling device, except for emergency purposes or for testing, as provided in Subsection C(3)(b)[1] and [2] hereof.
(b)
Emergency testing.
[1]
Testing of a stationary emergency signaling
device shall occur at the same time of the day each time such a test
is performed, but not before 7:00 a.m. or after 10:00 p.m. Any such
testing shall use only the minimum cycle test time. In no case shall
such test time exceed 60 seconds.
[2]
Testing of the complete emergency signaling system, including the functioning of the signaling device and the personnel response to the signaling device, shall not occur more than once in each calendar month. Such testing shall not occur before 8:00 a.m. or after 6:00 p.m. The time limit specified in Subsection C(3)(b)[1] hereof shall not apply to such complete system testing.
(c)
Sounding or permitting the sounding of any exterior
burglar alarm or any motor vehicle burglar alarm unless such alarm
is automatically terminated within six minutes of activation.
(4)
Loudspeakers/public address systems. Using or operating
any loudspeaker, public address system or similar device:
(5)
Street sales. Offering for sale or selling by shouting
or outcry within any residential or commercial area of the City except
between the hours of 7:00 a.m. and 10:00 p.m. To the extent that other
provisions of the Code of the City of Easton are more restrictive,
the more restrictive regulations shall apply.
(6)
Animals and birds. Owning, possessing, harboring or
controlling any animal or bird which barks, bays, cries, squawks or
makes any other noise 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 physically 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)
Loading and unloading. Loading, unloading, opening,
closing or other handling of boxes, crates, containers, building materials
or similar objects between the hours of 10:00 p.m. and 7:00 a.m. the
following day in such a manner as to cause a noise disturbance across
a residential real property boundary. This section shall not apply
to municipal or utility services in or about the public right-of-way.
(8)
Vehicle repairs and testing. Repairing, rebuilding
or testing any motor vehicle or motorcycle in such a manner as to
cause a noise disturbance across a residential real property line.
(9)
Domestic power tools. Operating or permitting the
operation of any mechanically powered saw, drill, sander, grinder,
lawn or garden tool, snowblower or similar device used outdoors 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 line.
(10)
Explosives, firearms and similar devices. The use or firing of explosives, firearms or similar devices which create impulsive sound so as to cause a noise disturbance across a real property boundary or on a public right-of-way, without first obtaining a variance issued pursuant to § 376-5B.
(11)
Powered model vehicles. Operating or permitting the
operation of powered model vehicles so as to create a noise disturbance
across a residential real property boundary or in a public space between
the hours of 10:00 p.m. and 7:00 a.m. the following day.
(12)
Motor vehicle prohibitions.
(a)
Exhaust system. Every motor vehicle shall be
equipped with a muffler or other effective noise-suppressing system
in good working order and in constant operation, and no muffler or
exhaust system shall be equipped with a cutout, bypass or similar
device so as to cause a noise disturbance.
(b)
Standing motor vehicles. No person shall operate
or permit the operation of any motor vehicle or any auxiliary equipment
attached to such a vehicle for a period longer than 15 minutes in
any hour while the vehicle is stationary, for reasons other than traffic
congestion, on a public right-of-way or public space within 150 feet
of a residential area.
(c)
Motor vehicle horns and signaling devices. No
person shall at any time sound the horn or other warning device of
a vehicle except when absolutely necessary as a warning while actually
driving such vehicle.
(d)
Sound trucks. No person shall operate sound-amplifying
equipment mounted on or attached to any motor vehicle:
D.
Specific prohibitions. The following acts, and the
causing thereof, are declared to be noise disturbances and therefore
in violation of this chapter.
(1)
Construction. Operating or permitting the operation
of any tools or equipment used in construction, drilling or demolition
work:
(a)
Between the hours of 10:00 p.m. and 7:00 a.m.
the following day on weekdays and Saturdays or at any time on Sundays
or holidays, such that the sound therefrom creates a noise disturbance
across a residential real property boundary, except for emergency
work.
(2)
Places of public entertainment. Operating, playing or permitting the operation or playing of any radio, television, phonograph, drum, musical instrument, sound amplifier or similar device which produces, reproduces, or amplifies sound within any place of public entertainment at a sound level greater than 90 dB(A) as read by the slow response on a sound level meter at any point that is normally occupied by a customer unless a conspicuous and legible sign is located outside such place near each public entrance, stating "WARNING: SOUND LEVELS WITHIN MAY CAUSE PERMANENT HEARING IMPAIRMENT." All places of public entertainment shall also be required to comply with § 376-6A, B and C unless a variance is obtained pursuant to § 376-5B.
(3)
Concerts.
(a)
Unless a variance is obtained pursuant to § 376-5B, band concerts, block parties, church carnivals, fairs or other similar activities publicly or privately sponsored and presented in any public or private space outdoors:
(b)
All such activities sponsored by the City or
its agencies shall be exempt from this section.
(4)
Vibration. Unless a variance is obtained pursuant to § 376-5B, operating or permitting the operation of any device that causes vibration which is above the vibration perception threshold of an individual at or beyond the property boundary of the source if on private property or at 50 feet from the source if the source is on a public space or public right-of-way. For the purpose of this section, "vibration perception threshold" means the minimum ground or structure-borne vibrational motion necessary to cause a person of normal sensitivities to be aware of the vibration by such direct means as, but not limited to, sensation by touch or visual observation of moving objects.
(5)
Tampering. The following acts or the causing thereof
are prohibited:
(a)
The removal or rendering inoperative by any
person other than for purposes of maintenance, repair or replacement
of any noise control device or element of design or noise label of
any product.
(b)
The removing or rendering inaccurate or inoperative
any sound monitoring instrument or device positioned by the Bureau
of Code Enforcement, provided such device or the immediate area is
clearly labeled, in accordance with noise control regulations, to
warn of the potential illegality.
(c)
The use of a product which has had a noise control
device or element of design or noise label removed or rendered inoperative,
with knowledge that such action has occurred.
A.
The Zoning Hearing Board shall serve as the appeal
board for the resolution of differences between the Easton Police
Department, Bureau of Code Enforcement and/or the Lafayette College
police officers and persons aggrieved by the application of this chapter,
pursuant to the same terms, compensation and rules as are otherwise
established in the Planning and Zoning Code.[1]
[Amended 2-8-2012 by Ord. No. 5339]
B.
The Zoning Hearing Board shall:
(1)
Hear appeals from and grant relief by variance or by extension in time to comply to any person aggrieved by the application of this chapter. Any relief granted by the Board shall be limited to and consistent with the provisions of § 376-5.
(2)
Make such findings of fact as may be required by the
application of this chapter.
A.
Exceptions. The provisions of this chapter shall not
apply to:
(1)
Emergencies. The emission of sound for the purpose
of alerting persons to the existence of an emergency or from the performance
of emergency work.
(2)
Municipal and utility services. The emission of sound
resulting from the repair or replacement of any municipal or utility
installation(s) in or about the public right-of-way.
(3)
Places of religious worship. The sounding or permitting
the sounding of any stationary bell or chime used in conjunction with
places of religious worship.
(4)
Aircraft and airport operations. Normal aircraft and
airport operations.
(5)
Interstate railway locomotives and cars. The conduct
of interstate railway transportation.
B.
Variances.
(1)
The Hearing Board shall have the authority, consistent
with this section, to grant variances which may be requested.
(2)
Any person seeking a variance pursuant to this section shall file an application with the Hearing Board. The application shall contain information which demonstrates that bringing the sources of sound or activity for which the special variance is sought into compliance with this chapter would constitute an unreasonable hardship on the applicant, on the community or on other persons. The procedure shall be the same as is otherwise established in the Planning and Zoning Code for the advertisement, conduct of hearings and notification of the hearing to neighboring property owners relative to variances. The fee for such application shall be specified in Chapter 285, Fees.
[Amended 2-11-2009 by Ord. No. 5173]
(3)
In determining whether to grant or deny the application,
the Hearing Board shall balance the hardship to the applicant, the
community and other persons of not granting the variance against the
adverse impact on the health, safety and welfare of persons affected,
the adverse impact on property affected, any other adverse impacts
of granting the variance and the ability of the applicant to apply
best practical noise control measures. Applicants for variances and
persons contesting special variances may be required to submit any
information the Hearing Board may reasonably require. In granting
or denying an application, the Hearing Board shall place with the
City Clerk a copy of the decision and the reasons for denying or granting
the variance.
(4)
Variances shall be granted by notice to the applicant
containing all necessary conditions, including a time limit on the
permitted activity. The variance shall not become effective until
all conditions are agreed to by the applicant. Noncompliance with
any condition of the variance shall terminate it and subject the person
holding it to those provisions of this chapter regulating the source
of sound or activity for which the variance was granted. Variances
may be granted for a period of one year. The person obtaining the
variance may reapply for additional variance periods under terms set
forth by the applicant and the Hearing Board.
C.
Extension for time to comply.
(1)
Any person seeking an extension in time in which to
comply with the provisions of this chapter shall file an application
with the Hearing Board. The application shall contain information
which demonstrates that bringing the source of sound or activity for
which the extension is sought into compliance with this chapter prior
to the date requested in the application would constitute an unreasonable
hardship on the applicant, on the community, or on other persons.
The procedure for the advertisement, conduct of hearings and notification
of hearings to adjoining property owners shall be the same as is otherwise
established in the Planning and Zoning Code relating to variances.
(2)
In determining whether to grant or deny the application,
the Hearing Board shall balance the hardship to the applicant, the
community and other persons of not granting the extension in time
to comply against the adverse impact on health, safety and welfare
of persons affected, the adverse impact on property affected and any
other adverse impacts of granting the extension. Applicants for extension(s)
in time to comply and persons contesting extension(s) may be required
to submit any information the Hearing Board may reasonably require.
In granting or denying an application, the Hearing Board shall place
with the City Clerk a copy of the decision and the reasons for denying
or granting the extension(s) in time to comply.
(3)
Extension(s) in time to comply shall be granted to
the applicant containing all necessary conditions, including a schedule
for achieving compliance. The extension(s) in time to comply shall
not become effective until all conditions are agreed to by the applicant.
Noncompliance with any condition of the extension(s) shall terminate
the extension(s) and subject the person holding it to those provisions
of this chapter for which the extension(s) was granted.
(4)
Application for extension of time limits specified in extension(s) in time to comply or for modification of other substantial conditions shall be treated like applications for initial variances under Subsection B(2) hereof, except that the Hearing Board shall find that the need for the extension or modification clearly outweighs any adverse impacts of granting the extension or modification.
D.
Appeals. Appeals of an adverse decision of the Hearing
Board by aggrieved parties shall be made within 30 days of the Board's
decision to the Court of Common Pleas of Northampton County. The decision
of the Hearing Board shall remain in force until such time as a judicial
order of a court of competent jurisdiction supersedes the decision
of the Hearing Board.
A.
Maximum permissible sound levels by receiving land use. Unless a variance is obtained pursuant to § 376-5B, no person shall operate or cause to be operated on public or private property any source of sound in such a manner as to create a sound level which exceeds the limits set forth in the receiving land use category in Table 1 when measured at or within the property boundary of the receiving land use. Any noise source that produces sound in excess of those levels shall constitute a noise disturbance.
|
Table 1
Permissible Maximum Sound Levels by Receiving
Land Use
| |||
|---|---|---|---|
|
Sound Level Limit
dB(A)
| |||
|
Receiving Land Use
|
7:00 a.m. to 10:00 p.m.
|
10:00 p.m. to 7:00 a.m.
| |
|
Residential (College Hill, West Ward, South
Side)
|
57
|
52
| |
|
Parks and Institutional and Governmental (INS
1, INS 2, RC)
|
67
|
62
| |
|
Business (Downtown, SE Overlay)
|
67
|
62
| |
|
Industrial (AR)
|
77
|
77
| |
B.
Excessive neighborhood residual sound levels. In the
event that the background sound levels in an area of suspected noise
disturbance exceed the levels set forth in Table 1 above, an intrusive
noise source which causes a 10 dB(A) increase in sound level above
that background level shall constitute a noise disturbance.
C.
Correction for character of sound. For any source of sound which emits a pure tone or impulsive sound, the maximum sound level limits set forth in Subsection A hereof shall be reduced 5 dB(A).
D.
As part of its review process relating to every application
before it, the Planning Commission shall ascertain whether the proposed
subdivision, land development, etc., shall exceed the maximum sound
levels allowed by Table 1. The applicant may be required to present
competent evidence, in the form of an audiological or related expert
opinion report, to verify that the levels shall not be exceeded. No
proposal may be approved if it will exceed the maximum levels or if
a variance is not first obtained from the Zoning Hearing Board, as
provided herein.
A.
Violations and penalties.
(1)
Any person violating any provisions of this chapter
shall, upon conviction thereof in a summary proceeding, be sentenced
to pay a fine of not more than $1,000 for each and every offense,
to be collected as other fines and costs are by law collectible, or
shall be imprisoned for not more than 90 days, or both. Each day during
which any person violates any provision of this chapter shall constitute
a separate offense.
(2)
This chapter and the foregoing penalties shall not
be construed to limit or deny the right of the City or any person
to such equitable or other remedies as may otherwise be available
with or without process of law.
B.
Notice of violation. In lieu of issuing a citation as provided in Subsection C hereof, the Bureau of Code Enforcement, Easton Police Department or Lafayette College police officers may issue an order requiring abatement of any source or vibration alleged to be in violation of this chapter within a reasonable time period not to exceed 30 days.
[Amended 2-8-2012 by Ord. No. 5339]
C.
Except where a person is acting in good faith to comply with a notice of violation issued pursuant to Subsection B hereof, violation of any part of this chapter shall be cause for a citation to be issued by the Bureau of Code Enforcement, Easton Police Department or Lafayette College police officers.
[Amended 2-8-2012 by Ord. No. 5339]
D.
Severability. If any provision of this chapter is
held to be unconstitutional or otherwise invalid by any court of competent
jurisdiction, the remaining provisions of this chapter shall not be
invalidated.
E.
Immediate threats to the health and welfare.
(1)
The Bureau of Code Enforcement shall order an immediate halt to any sound which exposes any person, except those excluded pursuant to Subsection E(2) hereof to continuous sound levels in excess of those shown in Table 2. If, following the issuance of such an order, the order is not obeyed, the Bureau of Code Enforcement may apply to the appropriate court for an injunction to enforce the order or may undertake any and all lawful action to effect an immediate halt to continuous sound levels in excess of those shown in Table 2.
(2)
No order pursuant to Subsection E(1) hereof shall be issued if the only persons exposed to sound levels in excess of those listed in Table 2 are exposed as a result of:
(3)
Any person subject to an order issued pursuant to Subsection E(1) hereof shall comply with such order until:
(a)
The sound is brought into compliance with the
order, as determined by the Bureau of Code Enforcement; or
(b)
A judicial order has superseded the Bureau's
order.
|
Table 2
Continuous Sound Levels Which Pose an
Immediate Threat to Health and Welfare
(measured at receiver)
| ||
|---|---|---|
|
Sound Level Limit
dB(A)
|
Duration
(hours)
| |
|
85
|
8
| |
|
90
|
4
| |
|
95
|
2
| |
|
100
|
1
| |
|
105
|
1/2
| |
|
110
|
1/4
| |
Where there is a conflict between this chapter
and other ordinances of the City, the more restrictive or stringent
ordinance shall apply.
