[Ord. 08-121, 6/24/2008, § I]
This Part may be cited as the "Noise Control Ordinance of Cumberland Township, Adams County, Pennsylvania."
[Ord. 08-121, 6/24/2008, § II]
1. 
Excessive sound is a serious hazard to the public health and welfare and the quality of life to the citizens of Cumberland Township.
2. 
A substantial body of science and technology exists by which excessive sound may be substantially abated.
3. 
Activities which generate excessive vibrations, dust, fumes, and vapors are detrimental to the health, safety and welfare of the citizens of Cumberland Township and interfere both with the quiet enjoyment of residential and public property and the operation of business and, therefore, should be controlled to the greatest extent possible.
4. 
The Township is empowered to ensure the public safety and to define conduct that constitutes disturbing the peace pursuant to § 1506 of the Second Class Township Code, 53 P.S. § 66506, as amended.
[Ord. 08-121, 6/24/2008, § III]
1. 
Definition of Noise Disturbance. Any sound that endangers the safety or health of any person, disturbs a reasonable person of normal sensitivities, or endangers personal or real property.
2. 
Excessive Noise and Noise Disturbance Prohibited. It is hereby declared to be a nuisance and shall be unlawful for any person, firm or business entity to make, cause, suffer, or permit to be made or caused upon a property owned, occupied or controlled by him, or upon any public land, street, alley or thoroughfare in Cumberland Township, any excessive noises, noise disturbance, or sounds, by means of vehicles, machinery, equipment (including sound amplification equipment and musical instruments) or by any other means or methods which are physically annoying to the comfort of any reasonable person or which are so harsh, prolonged, unnatural or unusual in their use, time and place, as to occasion physical discomfort, or which are otherwise injurious to the lives, health, peace, and comfort of the inhabitants of Cumberland Township or any number of residents thereof.
3. 
Special Prohibitions. The following acts and causes thereof are hereby declared to be a nuisance and in violation of this Part.
A. 
Possessing, harboring or keeping a domestic animal or bird which makes any noise continuously and/or persistently for a period of 15 minutes or more, in such a manner as to disturb or annoy any person at any time of the day or night, regardless of whether the animal is situated upon private property. This shall not apply to livestock kept for agricultural purposes.
B. 
Operating, playing, or permitting the operation or playing of any radio, television, audio equipment, loud speaker, public address system, sound amplifier, musical instrument, or similar device that reproduces or amplifies sound through electric or battery means in such a manner as to create a noise disturbance or to cause annoyance to persons in the vicinity for any person other than the operator of the device or to be audible greater than 30 feet from the source and not operated upon the property of the operator or with the knowledge, permission or consent of the owner or legal occupant of the property, and if operated on the property of the operator or with the knowledge, permission or consent of the owner or legal occupant of the property, then so as to be audible greater than 30 feet from a boundary of the property or, in the case of residential properties, across a residential real property boundary from the noise source.
C. 
Using or operating of any loudspeakers, public address system, or similar device for commercial purposes, such that the sound there from creates a noise disturbance across a residential real property line.
D. 
Repairing, rebuilding, modifying, testing, or operating a motor vehicle, motorcycle, recreational vehicle or powered model vehicle in such a manner as to cause annoyance to persons across a real property boundary from the noise source.
E. 
The sounding of any horn or signaling device on any automobile, motorcycle or other vehicle on any road or public place of the Township, except as a danger warning pursuant to the Motor Vehicle Code of the Commonwealth of Pennsylvania; or the sounding of any such device for an unnecessary and unreasonable period of time.
F. 
The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor board or motor vehicle except through a muffler or other device as provided by the Motor Vehicle Code of the Commonwealth of Pennsylvania, which will effectively prevent loud or explosive noises therefrom; or the spinning of wheels or squealing of tires; or the racing of internal combustion engines, without cause clearly created by road or weather conditions.
G. 
The erection (including excavating), demolition, alteration or repair of any building other than between the hours of 7:00 a.m. and 9:00 p.m. daily except in case of urgent necessity in the interest of public health and safety.
H. 
The creation of loud and excessive noise in connection with loading and unloading any vehicle, or the opening or destruction of bales, boxes, crates and containers.
I. 
Operating or permitting the operation of any mechanically powered saw, drill, sander, grinder, lawn or garden tool or similar device used out of doors between the hours of 9:00 p.m. and 7:00 a.m. in such a manner as to cause annoyance to persons across real property boundary from the noise source.
J. 
Operating or permitting the operation of any motor vehicle or any auxiliary equipment attached to such a vehicle, for a period of longer than five minutes in any hour while the vehicle is stationary, for reasons other than traffic congestion or emergency work, with the exception of railroad engines which may idle during a warm-up period not to exceed 20 minutes.
K. 
Operating or permitting the operation of any device for exhibition or show purposes in such a manner as to cause annoyance to persons across a real property boundary from the noise source.
[Ord. 08-121, 6/24/2008, § IV]
1. 
The restrictions set forth in §§ 10-302 and 10-303 hereof shall not apply to any of the following noise sources:
A. 
The emission of sound for the purpose of alerting person to the existence of an emergency.
B. 
Emergency work performed to protect public health and safety, including fire protection, protection from flood or other disasters, and work performed to provide electricity, water or other public utilities when public health or safety is involved.
C. 
Public gatherings, performances and the like for which a special event permit has been obtained from the Township in accordance with the Township's Special Event Ordinance [Chapter 13, Part 2].
D. 
Warning devices on authorized emergency vehicles and/or required for safety purposes.
E. 
Vehicles, machinery, appliances and equipment used in the case of an emergency snow removal.
F. 
Normal and customary agricultural operations.
[Ord. 08-121, 6/24/2008, § V]
1. 
Any full or part time Cumberland Township Police Officer may issue a summary citation which shall specify the nature, date and time of the violation.
2. 
Any person or business entity, including but not limited to property owner, renter, user and/or possessor, who shall violate any of the provisions of this Part shall, upon first summary conviction thereof, be punishable by a minimum fine of up to $100. Each violation of any of the provisions of this Part shall be deemed to be a separate and distinct offense. When a second and/or subsequent violation is committed by the same person or entity within any twelve-month period, the fine shall be double the amount of the previous fine up to a maximum of $1,000 for each separate and distinct offense.
3. 
In addition to the above, the Township may institute an action for injunctive relief to prohibit or abate any activity in violation of the provisions of this Part.