[HISTORY: Adopted by the Board of Supervisors of the Township of
Lancaster 7-27-1981 by Ord. No. 1981-5.
Amendments noted where applicable.]
This chapter shall be known as the "Lancaster Township Noise Control
Ordinance."
The following words, terms and phrases when used in this chapter shall
have the meaning ascribed to them in this section, except where the context
clearly indicates a different meaning. All terminology used in this chapter,
not defined below, shall be in conformance with the applicable publications
of the American National Standards Institute [ANSI S1.1 — 1960
(R1971) and 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 all-encompassing noise associated with a given environment, being
usually a composite of sounds from many sources near and far.
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 (20 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.
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.
A device designed or used for decreasing or abating the level of
sound escaping from an engine or machinery system.
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. Whenever used in any clause prescribing
and imposing a penalty, "person" includes the individual members, partners,
officers and managers, or any of them, of partnerships and associations, and
as to corporations, the officers and managers thereof or any of them.
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 set of single
pitches. For the purpose 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 octave bands by
five dB for center frequencies of 500 Hz and above and by eight dB for center
frequencies between 160 and 400 Hz and by 15 dB for center frequencies less
than or equal to 125 Hz.
An imaginary line drawn through the points of contact of adjoining
lands, apartments, condominiums, townhouses and duplexes owned, rented or
leased by different persons, a demarcation or a line of separation of properties,
and also, for any two or more buildings sharing common grounds, the line drawn
midway between any two said buildings. All areas devoted to public right-of-way
shall be deemed to be across the property line. For the purpose of this regulation,
the property line includes all points on a plane formed by projecting the
property line in a manner deemed appropriate by the enforcing police officer.
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, or the superposition of such propagated
oscillation which evokes an auditory sensation. 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 which includes a microphone, amplifier, RMS detector,
integrator or time averager, output meter and any applicable weighting network
used to measure sound pressure levels which meets or exceeds the requirement
for a Type I or Type II sound level meter as specified in ANSI Specification
S1.4-1971. The manufacturer's published indication of compliance with
such specifications shall be prima facie evidence of such compliance.
The land use districts established by Chapter 280, Zoning, and all subsequent amendments.
A.
Noise disturbance prohibited. No person shall make, continue,
or cause to be made or continued any noise disturbance, nor shall any person
suffer, allow or permit any noise disturbance to be made or continued from
or at any property, whether real or personal, that is subject to such person's
right to control.
B.
Specific prohibitions. The following acts, and the causing
thereof, are declared to be noise disturbances and therefore in violation
of this chapter:
(1)
Radios, television sets, musical instruments 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 in such a manner as to cause a noise disturbance
across a property line (boundary), or between the hours of 10:00 p.m. and
7:00 a.m. so as to be plainly audible across a property line (boundary); or
(b)
In such a manner as to create a noise disturbance across
a property line (boundary) or at 50 feet from such device, whichever is less,
when the device is operated in or on a motor vehicle, or hand carried, on
a public right-of-way or public space; or
(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
or a common carrier.
(3)
Construction. Operating or permitting the operation of
any tools or equipment used in construction operations, 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 legal holidays,
such that the sound therefrom creates a noise disturbance across a residential
real property line (boundary), except for emergency work.
(b)
At any other time such that the sound level at or across
a real property line (boundary) exceeds 85 dB(A) for a period of one hour.
(4)
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 (see § 185-4A, Table I) between the hours of 10:00 p.m. and 7:00 a.m. so as to cause a noise disturbance across a residential property line (boundary).
(5)
Loading and unloading. Loading, unloading, opening, closing
or other handling of boxes, crates, containers, building materials, garbage
cans, 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
property line (boundary). This section shall not apply to municipal or utility
services in or about the public right-of-way.
(6)
Animals and birds. Owning, possessing, harboring or controlling
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 legitimate cause which teased or provoked the animal or bird.
(7)
Powered model vehicles. Operating or permitting the operation
of powered model vehicles so as to create a noise disturbance across a residential
property line (boundary) between the hours of 10:00 p.m. and 7:00 a.m.
(8)
Street sales. Offering for sale or selling by shouting or outcry or by any other amplified or unamplified sound within any residential or commercial area of the Township of Lancaster except between the hours of 7:00 a.m. and 10:00 a.m. and at no time in such a manner as to violate § 185-4A of this chapter.
(9)
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 muffler or
sound dissipative device or element of design or noise label of any product.
(b)
The intentional moving or rendering inaccurate or inoperative
of any sound monitoring instrument or device positioned by or for the Bureau
of Police, 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 muffler or sound
dissipative device or element of design or noise label removed or rendered
inoperative, with knowledge that such action has occurred.
(10)
Vehicle, motorboat, or aircraft repairs and testing.
Repairing, rebuilding, or testing any motor vehicle, motorcycle, motorboat,
or aircraft in such a manner as to cause a noise disturbance across a residential
real property line (boundary).
C.
Motor vehicle prohibitions.
(1)
Motor vehicle and motorcycles on public rights-of-way.
No person shall operate or cause to be operated a public or private motor
vehicle or motorcycle, or any equipment attached to such a vehicle, on a public
right-of-way at any time in such a manner that the sound level emitted by
the motor vehicle or motorcycle, or any equipment attached to such a vehicle,
exceeds the level set forth in Title 67, Chapter 450, of the Pennsylvania
Department of Transportation Regulations (Established Sound Levels).
(2)
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, anywhere
within 150 feet of any residence in such a manner as to cause a noise disturbance
across a residential property line (boundary).
(3)
Unnecessary horn blowing. 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.
Prima facie violation. The noise from any of the aforesaid
prohibited acts that disturbs two or more residents who are in general agreement
as to the times and durations of the noise and who reside in separate residences
(including apartments and condominiums) located across a property line (boundary)
from the property on which the source of the noise is generated, shall be
prima facie evidence of a noise disturbance.
A.
Maximum permissible sound levels by zoning districts.
No person shall operate or cause to be operated any source of sound in such
a manner as to create a sound level which exceeds the limits set forth in
the zoning designations category in Table I when measured at or across the
property line (boundary) from the noise source. Any sound source that produces
sound in excess of those levels shall constitute a noise disturbance.
|
TABLE I
SOUND LEVELS BY ZONING DISTRICTS
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|
Sound Level Limit [in dB(A)]
| |||
|
Zoning District of the Property on Which the Source of the Noise
is Located
|
7:00 a.m. to 10:00 p.m.
|
10:00 p.m. to 7:00 a.m.
| |
|
Residential zoning districts
|
57
|
52
| |
|
Commercial zoning districts (including Office/Professional District)
[Amended 5-13-1991 by Ord. No. 1991-5] |
67
|
62
| |
|
Manufacturing zoning districts
|
77
|
77
| |
B.
When exceeded. The sound level limits set forth in Table
I shall be exceeded when any one or more of the following occur:
(1)
The sound at any one point in time exceeds any of the
established zone limits in Table I by a measured sound level of 15 dB(A);
or
(2)
The sound exceeds any of the established zone limits
in Table I by a measured sound level of 10 dB(A) for a cumulative total of
one minute or more out of any ten-minute period; or
(3)
The sound exceeds, except in the Manufacturing District,
any of the established zone limits in Table I by a measured sound level of
three dB(A) continually for a period of five minutes, or a total of five minutes
out of any ten-minute period.
C.
Ambient sound. In the event the background ambient sound
levels in an area of suspected noise disturbance exceed the levels set forth
in Table I, the sound level of the intrusive sound source shall be measured
with the ambient background sound level being substituted as the Table I sound
level limit.
D.
Where measured. For the purposes of this section, sound
shall be measured at or beyond the property line (boundary) of the property
on which the noise source is located.
E.
Pure tone and impulsive sound. For any source of sound
which emits a pure tone or impulsive sound, the limits set forth in Table
I shall be reduced by five dB(A).
F.
Adjustment for nonconforming uses. Any noise which occurs on property which, according to Chapter 280, Zoning, is being used in a legally nonconforming manner, and which noise relates to said use, shall be judged as if the property bore a zoning designation under which the use would be conforming.
G.
Measuring instruments. All sound measurements shall be
made on a sound level meter calibrated in the manner required by the manufacturer's
specifications.
H.
Exemptions from sound level limits. The provisions of
this section shall not apply to:
The following sounds are exempted from the provisions of this chapter:
A.
Amplified announcements. Electronically amplified announcements
at athletic events.
B.
Blasting. Blasting, provided that a permit for same has
been secured for a fee of $10 from the Lancaster Township Zoning Officer upon
application. Such blasting may occur only between the hours of 9:00 a.m. and
4:00 p.m., Monday through Friday, unless specifically authorized by permit.
C.
Concerts, etc. Band concerts, block parties, church carnivals,
or other performances or similar activities publicly or privately sponsored
and presented in any public or private space outdoors shall be exempt from
the provisions of this chapter provided that:
D.
Emergency work. Sounds caused by the performance of emergency
work, or by the ordinary and accepted use of emergency apparatus and equipment.
E.
Municipal and utility services. Sounds resulting from
the repair or replacement of any municipal or utility installation in or about
the public right-of-way.
F.
School and public activities. Sounds not electronically
amplified, created by organized school-related programs, activities, athletic
and entertainment events, or other public programs, activities or events,
other than motor vehicle racing events.
G.
Warning devices. Sounds made by warning devices operating
continuously for three minutes or less except in the event of an actual emergency
the time limitation shall not apply.
A.
Variances.
(1)
Authority. The Noise Control Board shall have the authority
to grant variances, consistent with the provisions of this section, after
public hearing, upon application of any person who owns, controls or operates
any sound source which does not comply with the provisions or standards of
this chapter.
(2)
Application. The application shall state the standard
or provision from which the variance is being sought, the period of time and
reasons for which the variance is sought, shall contain information which
demonstrates that bringing the sources of sound or activity for which the
variance is sought into compliance with this chapter would constitute an unreasonable
hardship on the applicant and shall contain any other supporting information
which may reasonably be required.
(3)
Public notification. Public notice of an application
and the date, time and place of the public hearing to be held thereon for
a variance shall be given by publishing notice thereof in a newspaper of general
circulation in the Township and County of Lancaster at least once, not less
than three days prior to the scheduled public hearing and by, if practicable,
conspicuously posting the premises that is the source of the sound for which
the variance is sought.
(4)
Hearing. The Noise Control Board shall hold a public
hearing to decide variance applications presented to it. Any person who claims
to be affected by allowance of the variance may become a party to the hearing.
(5)
Review standards. In determining whether to grant or
deny the application, the Noise Control Board shall balance the hardship to
the applicant versus the adverse impact to the public health, safety and welfare
and shall consider at a minimum the following conditions:
(a)
The physical characteristics of the emitted sound;
(b)
The times and duration of the emitted sound;
(c)
The geography, zone, and population density of the affected
area;
(d)
Whether the public health and safety is endangered;
(e)
Whether the sound source predates the receiver(s); and
(f)
Whether compliance with the standard(s) from which the
variance is sought would produce hardship without equal or greater benefit
to the public.
(6)
Decision. The Noise Control Board shall render a written
decision in granting or denying the application for variance and, if denied,
shall state the reasons therefor. The Board's decision shall be made
available to the applicant and any other person who requests it in writing.
In granting a variance the Hearing Board may attach reasonable conditions
including, but not limited to, placing a time limit on the permitted activity
and/or establishing a time schedule within which the source of sound or activity
for which the variance was sought must be brought into compliance with this
chapter. Where the grant of a variance is conditioned, 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 up to one year. The person obtaining the variance
may reapply for additional variance periods under terms set forth by the applicant
and the Noise Control Board.
(7)
Appeals. Appeal from an adverse decision of the Noise
Control Board shall be made to the Court of Common Pleas of Lancaster County.
B.
Special variances. The Zoning Officer of the Township of Lancaster, or any member of the Board of Supervisors of Lancaster Township, or their designee, may, upon application and guided by the standards for review set forth in Subsection A(5), grant special variances for infrequent events or activities which do not exceed 24 hours in duration. Such special variances are not renewable except by action of the Noise Control Board pursuant to Subsection A. The Noise Control Board shall hear and decide all appeals from the denial of a special variance, the practice and procedure thereon to be in accordance with Subsection A.
C.
Noise Control Board. The Noise Control Board for the
purposes of this chapter shall be the Zoning Hearing Board of the Township
of Lancaster, which Board shall have full authority to carry out the duties
of the Noise Control Board, as set forth in this chapter. All applications
to the Board shall be filed through the Zoning Officer and shall be accompanied
by an application fee of $35. The hearing shall be held not more than 30 days
following the filing of the application and the decision thereon rendered
within 45 days of the last hearing in the case before the Board.
A.
Authority for enforcement. This chapter shall be enforced
by the Township of Lancaster Police Department or by any police department
performing such services under contract with the Township of Lancaster, by
any member of the Board of Supervisors or by the Lancaster Township Zoning
Officer. Any person not a police officer who is authorized to enforce this
chapter is hereby conferred with the powers of a police officer for this purpose
except for the power of arrest.
B.
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 $300 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 Township of Lancaster or any person
to such equitable or other remedies as may otherwise be available with or
without process of law.
