[HISTORY: Adopted by the Board of Supervisors of the Township
of Perkiomen 2-7-2012 by Ord. No. 211. Amendments noted where
applicable.]
This chapter shall be known as the "Perkiomen Township Noise
Ordinance of 2012."
This chapter is enacted pursuant to the provisions and the authority
of the Second Class Township Code, 53 P.S. § 65101 et seq.
The purpose of this chapter is to ensure that the public health,
safety and welfare are not abridged by noise pollution nor public
nuisance from disturbing, excessive or offensive noises within Perkiomen
Township. The Board of Supervisors of Perkiomen Township recognizes
that uncontrolled noise represents a danger to the health, safety
and welfare of the general public and that each person in the Township
is entitled to enjoy an environment in which the level of impulsive
and amplified noise is controlled and minimized. It is the purpose
and scope of this chapter to provide regulations defining the maximum
sound levels that people, vehicles, appliances and equipment shall
be allowed to produce at specified distances and locations and to
prohibit certain other types of offensive noise. These regulations
and prohibitions are intended to protect the physical, emotional,
mental and social well-being of the general public within Perkiomen
Township.
The Board of Supervisors of Perkiomen Township finds that failure
to regulate noise can and will lead to violations of the peace and
quiet, enjoyment of the residents and inhabitants of the Township,
and otherwise constitute a public nuisance. Specifically, such noise
emanating from homes, businesses, industries, sound-amplification
equipment, radios, stereos, vehicles, animals, individuals, equipment,
machinery, including but not limited to snowblowers, lawn mowers,
generators, power tools, and any other activity or device that:
A.Â
Creates a noise level such that adjacent or nearby residents are
deprived of the peaceful enjoyment of their homes, are disturbed in
their sleep, or are otherwise prevented from the quiet enjoyment of
their residential premises;
B.Â
Adversely affects the property values in the Township;
C.Â
Adversely affects the public welfare by reflecting negatively on
the quality of life in residential areas of the Township;
D.Â
Disturbs the peace, quiet and good order of the Township; and
E.Â
Creates or constitutes noise pollution.
A.Â
The following words and phrases, when used in this chapter, shall
have, unless the context clearly indicates otherwise, the meanings
given to them in this section. All other words and terms not defined
herein shall be interpreted in accordance with their ordinary meaning
of standard usage.
B.Â
ANSI
DAYTIME
DECIBEL (dB)
EXCESSIVE NOISE
NIGHTTIME
NOISE
NOISE LEVEL
NOISE POLLUTION
PERIOD OF OBSERVATION
PERSON
SOUND LEVEL
SOUND-LEVEL CALIBRATOR
SOUND-LEVEL METER
VEHICLE
TOWNSHIP
All acoustical terminology shall be interpreted in accordance with
that contained in ANSI S1.1, Acoustical Terminology.
American National Standard Institute, or its successor.
7:00 a.m. to 9:00 p.m., prevailing time.
A unit of sound level which is a division of a logarithmic
scale used to express the ratio of sound pressure of the source to
the pressure of an arbitrarily chosen reference pressure; the ratio
is expressed on the decibel scale by multiplying its base 10 logarithm
by 20.
Excessive noise is that sound or sounds which are: 1) injurious
to, or which unreasonably interfere with, the comfortable enjoyment
of life and property; further, measured noise levels in excess of
limits established in these regulations or those specified in a valid
permit are declared to be excessive noise; 2) annoying to a person
of ordinary sensibilities.
9:00 p.m. to 7:00 a.m., prevailing time.
Any sound emitted by a person, animal, appliance, machine,
equipment, instrument or other device.
Airborne sound levels expressed in dB and obtained by the
use of specific frequency-dependent weighting networks, as specified
in the referenced standards and indicated by proper notation; if "A"
weighting is employed, the sound level is identified as dB(A).
Noise of such loudness and character from a single source
or from one or more sources which is injurious to the public health,
safety or welfare or which is injurious to the health of one or more
persons in Perkiomen Township, or noise which unreasonably interferes
with the enjoyment of public or private property or with any business,
commercial or other lawful activity. Noise/sound pressure levels exceeding
those permitted in any zoning district shall constitute noise pollution.
The time interval during which acoustical data are obtained.
The period of observation is determined by the characteristics of
the noise being measured and the instrumentation being used. The period
of observation must be at least as long as the response time of the
instrumentation. The greater the variance in individual sound level,
the longer must be the observation time for a given expected accuracy
of measurement.
Includes an individual, firm, association, organization,
partnership, trust, company, corporation or any other similar entity.
Noise level.
An instrument used to ensure that a sound-level meter is
accurately reading sound levels, including but not limited to the
Extech Sound-Level Calibrator, Model 40772, or any equivalent product,
used in accordance and compliance with the manufacturer's instructions
for said instrument.
An instrument or combination of instruments capable of measuring the noise limits identified in § 193-6 below with accuracy, including but not limited to the Extech Digital Sound-Level Meter, Model 407732, or any equivalent product, which shall be used in accordance and compliance with the manufacturer's instructions for said instrument.
Any device or machine used for, or capable of being used
for, transporting persons, property or cargo. Vehicles include, but
are not limited to, automobiles, trucks, trash collection trucks,
buses, motorcycles, motorized bicycles, snowmobiles, scooters, all-terrain
vehicles, go-carts, farm machinery, industrial machinery, highway
graders, trailers, graders and semitrailers.
Township of Perkiomen, Montgomery County, Pennsylvania.
A.Â
No person
shall create or allow the creation or existence of any noise nor operate
or cause to be operated any source of sound in Perkiomen Township
which, when measured from any point along the perimeter of the lot,
parcel, tract or property on which such noise is generated, exceeds
the following noise levels:
Noise emitted from the following sources shall be exempt from
the noise standards specified herein:
A.Â
All safety signals and warning devices (e.g., intrusion alarms, backup
alarms on trucks); authorized vehicles when responding to emergencies
(e.g., police, fire, ambulance sirens or any other device used to
alert persons to an emergency or used during the conduct of emergency
work).
B.Â
Providers of municipal services and public utilities (including but
not limited to Perkiomen Township, the Perkiomen Township road crew,
the Perkiomen Township Municipal Authority, PECO, Aqua, etc.), as
well as all of their agents, employees, workmen, contractors and subcontractors.
For purposes of this subsection, the term "municipal services" includes
public and private trash haulers and snowplows.
C.Â
Bells, chimes and carillons used for religious purposes or in conjunction
with national celebrations or public holidays.
D.Â
Household or industrial lawn mowers, leaf blowers, garden equipment,
chainsaws, generators and power tools in use between the hours of
7:00 a.m. (prevailing time) and 9:00 p.m. (prevailing time), provided
such are operated within the manufacturer's specifications and
with all standard noise-reducing equipment in use, unmodified, and
in proper operating condition.
E.Â
Heavy construction equipment, when being used on a specific short-term
project (such as constructing a building; constructing, repairing
or cleaning a road, drilling a well; and other similar short-term
specific construction, demolition or repair projects) in use between
the hours of 7:00 a.m. and 9:00 p.m., prevailing time, for the duration
of such short-term specific project, provided such heavy construction
equipment is operated within the manufacturer's specifications and
with all standard noise-reducing equipment in use, unmodified, and
in proper operating condition.
F.Â
Air conditioners, fans, heating units and similar comfort devices,
provided such are operated within the manufacturer's specifications
and with all standard noise-reducing equipment in use, unmodified,
and in proper operating condition.
G.Â
Music, recreational and athletic events conducted by schools, local
government, community or community association or village festivals
or events sponsored by nonprofit organizations.
H.Â
Activities permitted by special waiver, as provided herein, according
to the terms and conditions of said waiver.
I.Â
All farm-related operations and activities, provided such are operated
within the manufacturer's specifications and with all standard
noise-reducing equipment in use, unmodified, and in proper operating
condition.
J.Â
Unless controlled by another ordinance, regulation or agreement,
any existing business, commercial or industrial operation during the
daytime, provided any and all appliances, equipment, machinery or
devices used in such operation and creating noise are operated within
the manufacturer's specifications and with all standard noise-reducing
equipment in place, unmodified, and in proper working order.
K.Â
Snow removal equipment, including snowblowers, snow throwers and
vehicles designed or retrofitted to plow or remove snow and ice, may
be used any time during or after the accumulation of snow on the ground,
provided all snow removal equipment is operated with all standard
noise-reducing equipment in place, unmodified, and in proper working
order.
L.Â
Any time the power is out, a generator may be used, provided that
it is operated within the manufacturer's specifications and with
all standard noise-reducing equipment in place, unmodified, and in
proper working order.
A temporary waiver from strict compliance with the noise standards
specified herein may be granted to persons during emergency circumstances,
as determined by the Board of Supervisors, to permit reasonable time
to effect necessary repairs.
It is the policy of the Board of Supervisors in adopting this
chapter not to force any industrial or commercial enterprise out of
business, but rather to work with any industrial or commercial enterprise
to find ways to reduce noise levels to the level permitted by this
chapter.
This chapter shall be enforced by the Township Code Enforcement
Officer.
The following procedures and penalties are prescribed for enforcement
of this chapter:
A.Â
Public nuisance. Any emission of noise from any source in excess
of the limitations established herein is hereby declared to be a public
nuisance and may be abated by administrative or judicial proceedings,
fines and penalties herein provided.
B.Â
Warnings. Any person affected by a noise level suspected to be in
excess of the noise levels prescribed by this chapter may file a written
complaint with the Township Code Enforcement Officer using a citizen
complaint form available at the Township Office and on the Township
website. Upon receipt of any such complaint, the Township Code Enforcement
Officer shall investigate the complaint and if as the result of the
investigation the Code Enforcement Officer determines that the complaint
is justified, the Township Code Enforcement Officer shall issue a
written warning to the person responsible for the noise violation.
C.Â
Penalty. If within six months of receiving a written warning a person
violates the same provision of this chapter, enforcement action shall
be initiated by the Code Enforcement Officer before the Magisterial
District Judge having jurisdiction in the same manner provided for
the enforcement of summary offenses under the Pennsylvania Rules of
Criminal Procedure and, upon conviction thereof, shall be sentenced
to pay a fine not to exceed $1,000 per violation and/or imprisonment
to the extent allowed by law for the punishment of summary offenses.
The Township Solicitor shall assume charge of any such prosecution.
D.Â
Injunctions. This chapter may also be enforced by the Township through
an action in equity to abate or enjoin violation of the provisions
hereof.
E.Â
Other remedies. Nothing in this chapter shall be construed to impair
any cause of action or legal remedy thereof of any person or public
for injury or damage arising from the emission or release into the
atmosphere or ground from any source whatever of noise on such place
or manner or at such levels which may give rise to such cause of action.
The provisions of this chapter are not intended to interfere
with, abrogate or annul other rules, regulations or ordinances, including
Title 18 (Crimes Code) and Title 75 (Vehicle Code), Pennsylvania Consolidated
Statutes. If more stringent requirements concerning noise abatement
are contained in other statutes, rules, regulations or ordinances,
the more stringent regulation shall apply.
