[Adopted 12-8-1992 by Ord. No. 92-5 (Ch. 10, Part 3, of the
1991 Code of Ordinances)]
It is the purpose and scope of this article to provide regulations
defining the maximum sound levels that vehicles, appliances and equipment
shall be allowed to produce at specified distances from these devices,
and also to provide for the prohibition of other kinds of prohibited
noises. These regulations and prohibitions are intended to protect
the physical, mental and social well-being of the residents of the
Township of Fairview.
This article shall apply:
A. To all types of vehicles, appliances and equipment, whether privately
or publicly owned.
B. To sounds of any time duration.
C. To both the owner and operator of vehicles, appliances, equipment,
devices, animals or any other objects creating noises.
The following devices are exempt from the provisions of these
regulations:
A. Aircraft (except model aircraft).
B. Police, fire, ambulance and other governmental emergency vehicles.
C. Backup alarm devices on trucks and other equipment when installed
and operated in accordance with Society of Automotive Engineers recommended
practice J 994, "CRITERIA FOR BACK-UP ALARM DEVICES."
D. Governmental warning devices (i.e., civil defense or fire siren).
All acoustical terminology shall be contained in ANSI S1.1,
Acoustical Terminology. As used in this article, the following terms
shall have the meaning indicated:
ANSI
American National Standards Institute or its successors.
APPLIANCE
Any device or combination of devices used or capable of being
used as a means of accomplishing a desired end, such as a window air
conditioning unit.
DAY
The twenty-four-hour period starting at local midnight.
DECIBEL (DB)
A unit of sound which is a division of logarithmic scale
used to express the ratio of the sound intensity of the source to
the intensity of an arbitrarily chosen reference intensity. The ratio
is expressed on the decibel scale by multiplying its "base 10 logarithm"
by 10.
EQUIPMENT
Any devices or combination of devices to accomplish a desired
end, such as a chain saw, bulldozer, etc.
EXCESSIVE NOISE
Sound which is:
A.
Injurious or which unreasonably interfere with the comfortable
enjoyment of life and property. Measured noise levels in excess of
limits established in these regulations or those specified in valid
permits are declared to be excessive noise;
B.
Annoying to a person of ordinary sensibilities.
IMPULSIVE NOISE
Characterized by brief excursions of sound level. The duration
of a single impulse is usually less than one second.
INTERMITTENT NOISE
A noise whose sound level exceeds the ambient noise levels
at least twice during the period of observation, which is one minute
or more. The period of time during which the level of the noise remains
at an essentially constant value different from that of the ambient
is on the order of one second or more.
NOISE
Any sound emitted by a person, animal, vehicle, appliance,
equipment, or other device and its environmental interaction.
ORDINANCE ENFORCEMENT OFFICER
Any person appointed by the Township of Fairview with responsibility
to enforce municipal ordinances; or, any sworn member of the Fairview
Township Police Department.
PERSON
Either the owner or operator of vehicles, appliances, equipment
or devices.
PERIOD OF OBSERVATION
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.
S.A.E.
Society of Automotive Engineers.
SOUND LEVEL (NOISE LEVEL)
Airborne sound levels are expressed in dB and obtained by
the use of specific frequency-dependent weighting networks, as specified
in the referenced standards. The specific weighting network used must
be indicated by the proper notation. If the A-weighting is employed,
the sound level is identified as dB(A).
SOUND LEVEL METER
An instrument, or combination of instruments, which meets
or exceeds the requirements for an ANSI Type S1A or Type S2A Sound
Level Meter.
STEADY NOISE
A noise whose level remains essentially constant (i.e., fluctuations
are less than five dB) during the period of observation is a steady
noise.
VEHICLE
Any device, or combination of devices, used for or capable
of being used for transportation of persons or property. Vehicles
include, but are limited to, the following: automobiles, trucks, buses,
motorcycles, motorized bicycles, snowmobiles, scooters, all-terrain
vehicles, go-carts, racers and like devices, farm machinery, industrial
machinery, highway graders, trailers, graders and semitrailers.
The Township of Fairview shall:
A. Have available in convenient form as in a unit the provision of this
article and the recommended practices, rules, regulations and standards
which have been adopted. A copy of the information sources shall be
kept on file in the Township of Fairview offices.
B. Prepare and maintain records of all orders issued by the noise enforcement
officers and the Appeals Board.
C. Issue all standards, permits, certificates, notices or other matters
required under the provisions of this article and notify all persons
concerned of any decisions rendered and provide such persons with
an opportunity to be heard as herein set forth.
The Board of Supervisors of the Township of Fairview shall serve
as an Appeals Board to hear and decide cases regarding interpretations
of this article and variances for undue hardship situations.
It shall be unlawful for persons to operate or permit to be
operated a sound level which exceeds the dBA levels set for the receiving
land use category in Table I below; provided, that the performance
standard shall in every case be applied at the boundaries of the lot
in which any such activities take place except in such case where
the maximum permitted sound levels may be exceeded at a more distant
point. The limits set forth below shall also apply to vehicles operated
on property other than public roads.
Table I
|
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Receiving Land Use Category By Zoning District
|
Maximum Sound Level
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RL Rural Living
|
55 dB(A)
|
RS Single-Family Residential
|
VR Village Residential
|
RMU Residential Mixed Use
|
AB Airport Business
|
62 dB(A)
|
IB Industrial Business
|
CB Commercial Business
|
VB Village Business
|
[Amended 8-13-1996 by Ord. No. 96-5; 3-27-1997 by Ord. No. 97-2]
Any person, firm or corporation who is found to be in violation
of any provision of this article shall, upon conviction thereof, be
sentenced to pay a fine of not more than $600 and/or undergo imprisonment
for a term not to exceed 90 days. Each day that a violation of this
article continues shall constitute a separate offense.