Township of East Caln, PA
Chester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of East Caln 10-22-1964 as §§ 4, 5 and 6 of Ord. No. 11. Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 62.

§ 85-1 Alcohol possession.

Any person or persons who shall sell, or have in his or her possession for sale, any vinous, spirituous or malt liquors or, who shall in any public street, road, place or alley, within the Township limits, have any such liquors in his or her possession, without the necessary Government permit or stamps therefor, shall be guilty of disturbing the peace within the meaning of this chapter.

§ 85-2 Solicitation.

Any person or persons who shall solicit for immoral purposes in any public street, road, place or alley, or who shall engage in prostitution, or shall be an inmate or frequenter of any brothel or disorderly house, or who shall be guilty of lewdness or who shall willfully and improperly expose his or her person in any public place, within the limits of the Township, shall be guilty of disturbing the peace within the meaning of this chapter.

§ 85-3 Noise.

[Added 2-18-2009 by Ord. No. 2009-03[1]]
A. 
Noise produced within the Township shall be defined and regulated in accordance with the provisions of this section.
B. 
Definitions and word usage.
(1) 
The singular shall include the plural, and the plural shall include the singular. The past tense shall include the future tense. The word "shall" is always mandatory.
(2) 
Unless otherwise expressly stated, the following words and phrases shall be construed through this section to have the meanings herein indicated:
CYCLE
An interval of time during which a sequence of a recurring succession of events or phenomena is completed.
CYCLIC
The characteristic of repeating in a cycle.
DEMOLITION
Any dismantling, destruction and/or removal of buildings, structures and/or roadways.
EMERGENCY WORK
Any work or action necessary to deliver essential public services, including, but not limited to, repairing water, gas, electricity, telephone, sewer or public transportation facilities, removing fallen trees on public rights-of-way, or abating unsafe conditions.
MOTOR VEHICLE
Any vehicle that is propelled other than by human or animal power on land.
MUFFLER
A properly functioning sound-dissipative device or system for abating the sound of escaping gases on equipment where such a device is part of the normal configuration of the equipment.
MULTI-DWELLING-UNIT BUILDING
Any building comprising two or more dwelling units, including, but not limited to, apartments, condominiums, co-ops, multiple-family houses, townhouses and attached residences.
MULTIUSE PROPERTY
Any distinct parcel of land that is used for more than one category of activity. Examples include, but are not limited to, a commercial, residential, industrial or public service property having boilers, incinerators, elevators, automatic garage doors, air conditioners, laundry rooms, utility provisions or health and recreational facilities, or other similar devices or areas, either in the interior or on the exterior of the building, which may be a source of elevated sound levels at another category on the same parcel of land; or a building, which is both commercial (usually on the ground floor) and residential, with the residential property located above, behind, below or adjacent.
NOISE CONTROL OFFICER
Each and every Township Code Enforcement Officer and each and every law enforcement officer authorized to act as such in the Township.
PLAINLY AUDIBLE
Any sound that can be detected by a person using his or her unaided hearing faculties; a sound level of 60 dBA or more. As an 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. The listener need not be able to determine the title, specific words or the artist performing the song.
PUBLIC SPACE
Any real property or structures thereon that are owned, leased or controlled by a governmental entity for public purpose.
REAL PROPERTY LINE
Either the imaginary line, including its vertical extension, that separates one parcel of real property from another; or the vertical and horizontal boundaries of a dwelling unit that is part of a multi-dwelling-unit building; or, on a multiuse property, the interface between the two portions of the property on which different categories of activity are being performed (e.g., if the multiuse property is a building which has residential and commercial uses, then the real property line would be the interface between the residential area and the commercial area).
TOWNSHIP
The Township of East Caln, Chester County, Pennsylvania. Depending upon its usage, the term may refer to the government of the Township, the geographic area of the Township, or both.
WEEKDAY
Any day that is not a federal holiday, a Saturday or Sunday, and beginning on Monday at 7:00 a.m. and ending on the following Friday at 6:00 p.m.
WEEKEND
Beginning on Friday at 6:00 p.m. and ending on the following Monday at 7:00 a.m. and any federal holiday.
C. 
Applicability. The noise regulations in this chapter apply to sound produced in the Township.
D. 
Exceptions; restricted uses and activities.
(1) 
Exceptions. Except as provided in Subsection B below, the provisions of this section shall not apply to the following:
(a) 
Agricultural activities;
(b) 
Bells, chimes or carillons while being used in conjunction with religious services;
(c) 
Emergency energy-release devices;
(d) 
Emergency work;
(e) 
National Warning System (NAWAS): systems used to warn the community of attack or imminent public danger such as flooding or explosion, or other systems similar in nature and purpose;
(f) 
Public celebrations on public property conducted in compliance with all applicable regulations;
(g) 
Vehicles using public roadways in compliance with all other applicable regulations;
(h) 
Surface carriers engaged in commerce, including, but not limited to, railroads, when in compliance with all other applicable regulations;
(i) 
The unamplifed human voice;
(j) 
Use of explosive devices in compliance with the Pennsylvania Code, 25 Pa. Code 87.127;
(k) 
Impulsive sounds resulting from unexpected or accidental occurrences;
(l) 
Functions of the Township and public schools, including, but not limited to, waste removal, sporting events and activity practices;
(m) 
Emergency response vehicles in use for authorized purposes;
(n) 
Nonamplified sound emanating from organized play or recreation, including, but not limited to, team practices, games and playground activities, provided that such activities are in compliance with all other applicable regulations.
(2) 
Restricted uses.
(a) 
Music or sound amplification or reproduction equipment which is self-contained, portable, hand-held, personal, commercial and/or in a vehicle shall not be operated in such a manner that it is plainly audible at a residential real property line between the hours of 10:00 p.m. and 8:00 a.m. or more than 50 feet from such equipment between the hours of 8:00 a.m. and 10:00 p.m.
(b) 
The sounding of any horn or signaling device on any truck, automobile, motorcycle or other vehicle on any street, way, avenue, alley or other public place in the Township, except as a danger warning; the creation by means of any such signaling device of any unreasonable loud or harsh sound; the sounding of any such device for any unnecessary or unreasonable length of time; the use of any signaling device, the use of any horn, whistle or other device operated by engine exhaust, and the use of such signaling device when traffic is for any reason held up or to attract the attention of others shall be prohibited. The idling of commercial vehicles in a residential area shall not exceed 10 minutes.
(c) 
No person shall, between the hours of 8:00 p.m. and 9:00 a.m., drive or operate any minibike or other recreational vehicle not licensed for travel on public highways. During the hours of 9:00 a.m. to 8:00 p.m. minibikes or other recreational vehicles shall not be operated to produce a sound level to exceed 80 dBA, measured from a stationary location for a duration of 10 minutes.
(d) 
Construction and demolition activity, excluding emergency work, shall not be performed between the hours of 6:00 p.m. and 7:00 a.m. on weekdays, or between the hours of 6:00 p.m. and 9:00 a.m. on weekends and federal holidays, unless such activities can be conducted without exceeding a plainly audible level at any real property line.
(e) 
It shall be unlawful to own, harbor or keep in custody any animal which disturbs the peace by barking, howling or making other loud noises to the annoyance and discomfort of any person in the Township of East Caln. Barking, howling or the making of other loud noises by such animal for more than 15 minutes shall be deemed to disturb the peace and to cause the annoyance and discomfort of persons in the Township of East Caln. Noise made by the animal or bird shall not be a violation of this chapter if, at the time the animal or bird is making such noise, a person is trespassing or threatening to trespass upon private property on which the animal or bird is situated.
(f) 
Noncommercial or nonindustrial power tools and landscaping and yard maintenance equipment shall not be operated between the hours of 8:00 p.m. and 8:00 a.m., unless such activity does not make a plainly audible sound at any real property line.
(g) 
Commercial or industrial power tools and landscaping and yard maintenance equipment, excluding emergency work, shall not be operated on a residential property or within 250 feet of a residential real property line when operated between the hours of 6:00 p.m. and 7:00 a.m. on weekdays, or between the hours of 6:00 p.m. and 9:00 a.m. on weekends or federal holidays, unless such activities can be conducted without exceeding a plainly audible level at any residential real property line.
(h) 
All motorized equipment shall be operated with a properly functioning muffler at all times.
(i) 
On and after the effective date of this section, owners or users of audible alarms must equip such audible alarms with a timing mechanism that will disengage the audible alarm after a maximum of 15 minutes. Audible alarms without such a timing mechanism shall be unlawful in the Township of East Caln and must be disconnected by the owner or user within 60 days from the effective date of this section.
(j) 
Industrial and commercial facilities.
[1] 
Industrial and commercial facilities shall not engage in activities that:
[a] 
Between the hours of 9:00 p.m. and 7:00 a.m., result in the production of sound that exceeds a plainly audible level at a residential real property line for a duration in excess of five minutes in any sixty-minute period or 80 dBA for any period at a residential real property line;
[b] 
Between the hours of 7:00 a.m. and 9:00 p.m., produce any noise above 80 dBA as measured 250 feet from any exterior wall of the facility generating the noise.
[c] 
Between the hours of 7:00 a.m. and 9:00 p.m. no new or modified industrial facility shall exceed a noise level of 80 dBA at any residential real property line.
E. 
Effect on other regulations. The regulations in this section are in addition to and do not limit other regulations. If there is a conflict between the regulations in this section and any other applicable regulation, the most restrictive standard shall apply.
F. 
Enforcement. Responsibility for enforcement of this section shall rest with the Township Code Enforcement Office. The Township Code Enforcement Officer is authorized to file and prosecute violations of this section in summary proceedings.
G. 
Violations and penalties. Any violation of this section shall be subject to the following enforcement actions in addition to the penalties as provided in § 85-10 below:
(1) 
Any violation of this section shall constitute a public nuisance and a nuisance in fact.
(2) 
Any violation of this section may be subject to injunction and other equitable remedies.
[1]
Editor's Note: This ordinance also redesignated former § 85-3, Violations and penalties, as § 85-10.

§ 85-4 through § 85-9. (Reserved)

§ 85-10 Violations and penalties.

[Amended 7-19-2006 by Ord. No. 2006-01]
Any person, firm or corporation who shall violate any provision of this chapter, upon conviction thereof in an action brought before a Magisterial District Judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this chapter continues or each section of this chapter which shall be found to have been violated shall constitute a separate offense.