[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.
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.
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.
[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)
CYCLE
CYCLIC
DEMOLITION
EMERGENCY WORK
MOTOR VEHICLE
MUFFLER
MULTI-DWELLING-UNIT BUILDING
MULTIUSE PROPERTY
NOISE CONTROL OFFICER
PLAINLY AUDIBLE
PUBLIC SPACE
REAL PROPERTY LINE
TOWNSHIP
WEEKDAY
WEEKEND
Unless otherwise expressly stated, the following words
and phrases shall be construed through this section to have the meanings
herein indicated:
An interval of time during which a sequence of a recurring
succession of events or phenomena is completed.
The characteristic of repeating in a cycle.
Any dismantling, destruction and/or removal of buildings,
structures and/or roadways.
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.
Any vehicle that is propelled other than by human or animal
power on land.
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.
Any building comprising two or more dwelling units, including,
but not limited to, apartments, condominiums, co-ops, multiple-family
houses, townhouses and attached residences.
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.
Each and every Township Code Enforcement Officer and each
and every law enforcement officer authorized to act as such in the
Township.
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.
Any real property or structures thereon that are owned, leased
or controlled by a governmental entity for public purpose.
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).
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.
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.
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.
[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.
