[Ord. 217, 10/9/2017]
This Part shall be known and may be cited as the "East Coventry
Township Noise Ordinance."
[Ord. 217, 10/9/2017]
For the purposes of this Part, the following terms, phrases,
words and forms thereof shall have the meanings or interpretations
given herein. When not inconsistent with the context, words used in
the present tense include the future, words used in the plural include
the singular, words used in the singular include the plural, words
used in the male gender include the female, and words used in the
female gender include the male. The word "shall" is to be construed
to indicate mandatory, not merely directory, action or inaction.
Any site preparation, assembly, erection, repair, alteration
or similar action, including demolition of buildings or structures.
The abbreviation for the sound level in decibels determined
by the A-weighting network of a sound-level meter or by calculation
from an octave band of 1/3 octave band data.
A unit of measure, on a logarithmic scale, of the ratio of
a particular sound pressure squared to a standard reference pressure
squared. For the purpose of this Part, 20 micropascals shall be the
standard referenced pressure.
Any dismantling, destruction or removal of buildings, structures,
or roadways.
Any occurrence of a set of circumstances involving actual
or imminent physical trauma or property damage that demands immediate
action.
Either a single pressure peak or a single burst (multiple
pressure peaks) that has a duration of less than one second.
The intensity, frequency, duration and character of sound,
including sound and vibration of sub-audible frequencies.
The presence of noise audible outdoors of sufficient loudness
and character, from a single source or from multiple sources, which
is, or may be predicted with reasonable certainty to be, injurious
to health, safety and comfort or unreasonably interferes with the
peaceful enjoyment of property or with any lawful business or activity.
Noise/sound-pressure levels exceeding those permitted in residential
districts constitute noise pollution.
Any individual, group of individuals, lessee, lessor, guest,
licensee, firm, partnership, voluntary association or corporation
responsible for the use of the property.
Any real property or structures thereon that are owned, leased,
or controlled by a governmental entity.
In decibels, the weighted sound-pressure level measured by
the use of a sound-level meter satisfying the requirements of ANSI
SI.4, Specifications for Sound-Level Meters. "Sound level" and "noise
level" are synonymous.
An instrument meeting ANSI SI.4, Specifications for Sound-Level
Meters, comprising a microphone, an amplifier, an output meter and
frequency weighting network or networks that is used for the measurement
of sound-pressure levels in a specified manner.
Minute fluctuations in atmospheric pressure that accompany
the passage of a sound wave.
In decibels, 20 times the logarithm to the base 10 of the
ratio of a sound pressure to the reference sound pressure of 20 micropascals
(20 micronewtons per square meter). In the absence of any modifier,
the level is to be that of a root-mean-square pressure.
East Coventry Township, Chester County, Commonwealth of Pennsylvania.
Any device or combination of devices used for or capable
of being used for transporting persons or property. "Vehicle" or "vehicles"
include, but are not limited to, the following: automobiles, trucks,
buses, motorcycles, motorized bicycles, mopeds, mini-bikes, snowmobiles,
scooters, all-terrain vehicles, go-carts, racers and like devices,
farm machinery, industrial machinery, highway graders, trailers, graders
and semitrailers.
[Ord. 217, 10/9/2017]
The following general noise regulations shall apply in the Township:
1.
Purpose. The purpose of this Part is to ensure that public health,
safety and welfare shall not be abridged by the making and creating
of noise pollution or of public nuisances from disturbing, annoying,
excessive or offensive noise in the Township. The residents of the
Township recognize that uncontrolled noise represents a danger to
the health and welfare of their neighbors and that each person in
the community is entitled to live in an environment in which the level
of impulsive and amplified noise is minimized for the community good.
It is the purpose and scope of this Part to provide regulations defining
the maximum sound levels that all vehicles, appliances and equipment
shall be allowed to produce at specified distances from such devices
and also to provide for the prohibition of other kinds of offensive
noises. These regulations and prohibitions are intended to protect
the physical, mental and social well-being of the residents of the
Township and residents outside the Township who are impacted by noise
emanating from within the Township.
2.
Noise Control Enforcement.
A.
The provisions of this Part shall be enforced by the East Coventry
Township police or other persons duly authorized to enforce this Part
by the East Coventry Township Board of Supervisors.
B.
The East Coventry Township police and other persons authorized to
enforce this Part shall possess training in noise enforcement activities.
3.
Maximum Permissible Sound Levels.
A.
The sound level of any operation (other than operations involved
in the Township-approved construction or demolition of structures,
emergency alarm signals or time signals) shall not exceed the decibel
levels in the designated octave bands as stated below. The sound-pressure
level shall be measured using a sound-level meter and an octave bank
analyzer that conform to specifications published by the American
Standards Association, American National Standard Specification for
Sound-Level Meters, S 1.4-1983, American National Standards Institute,
Inc., New York, New York, as may be amended from time to time, and
the American Standard Specification for an Octave, Half Octave, and
Third Octave Bank Filter Sets, S 1.11-2004, American Standards Association
Inc., New York, New York, as may be amended from time to time.
B.
Sound-pressure levels shall be measured no closer than the property
line of the property upon which the noise emission occurs.
C.
The maximum permissible sound-pressure levels for smooth and continuous
noise shall be as follows:
|
Frequency Band
(cycles per second)
(hertz)
|
Maximum Permitted Sound-Pressure Level
(decibels)
|
|---|---|
|
0 to 150
|
67
|
|
150 to 300
|
59
|
|
300 to 600
|
52
|
|
600 to 1,200
|
46
|
|
1,200 to 2,400
|
40
|
|
2,400 to 4,800
|
34
|
|
Above 4,800
|
32
|
|
If the noise is not smooth and continuous or is radiating during
sleeping hours, one or more of the corrections below shall be added
to or subtracted from each of the decibel levels given above.
|
|
Type of Operation or Character of Noise
|
Corrections in Decibels
|
|---|---|
|
Noise occurs between the hours of 10:00 p.m. and 7:00 a.m.
|
-3
|
|
Noise occurs less than 5% of any 1-hour period
|
+5
|
|
Noise is of periodic character (hum, scream, etc.) or is of
impulsive character (hammering, etc.) (In the case of impulsive sound,
the correction shall apply only to the average pressure during an
impulse, and impulse peaks shall not exceed the basic standards given
above.)
|
-5
|
4.
Exceptions. The following shall constitute exceptions to the noise
standards set forth in this Part:
A.
The emission of sound for the purpose of alerting persons to the
existence of an emergency or associated practice drill.
B.
Emergency work to provide electricity, water or other public or private
utilities when public health or safety is at risk.
C.
Operations by Township, county, or commonwealth employees.
D.
Public celebrations authorized by the Township.
E.
The operation of machinery and equipment for purposes of excavation,
demolition, construction, renovation, agriculture, yard maintenance
and similar activities carried on between the hours of 7:00 a.m. and
7:00 p.m. (prevailing time) on Monday through Friday and between the
hours of 9:00 a.m. and 7:00 p.m. (prevailing time) on Saturday, Sunday
and legal holidays.
F.
The operation of machinery and equipment for purposes of excavation
and construction on federal or state roadways or properties.
[Ord. 217, 10/9/2017]
1.
Violation of any provision of this Part shall be cause for a citation
to be issued by the Township Noise Enforcement Officer or another
duly authorized law enforcement officer.
2.
Abatement Orders.
A.
In lieu of issuing a citation as provided in Subsection 1, noise enforcement personnel may issue an order requiring abatement of any sound source alleged to be in violation of this Part within a reasonable time period and according to guidelines which the officer may prescribe.
B.
An abatement order shall not be issued if any person willfully or
knowingly violates any provision of this Part or if the code or law
enforcement officer has reason to believe that there will not be compliance
with the abatement order.
3.
Penalties.
4.
No provision of this Part shall be construed to impair any common
law or statutory cause of action, or legal or equitable remedy therefrom,
of any person for injury or damage arising from any violation of this
Part or from other law.
