[HISTORY: Adopted by the Board of Supervisors of the Township
of West Deer 6-17-2020 by Ord. No. 434.[1] Amendments noted where applicable.]
This chapter shall be known and cited as the "Noise Control
Ordinance" of West Deer Township, Allegheny County, Pennsylvania,
The purpose of this chapter is to establish an effective means
of regulating and controlling loud and offensive sound and noise within
the Township to:
As used in this chapter, the following terms shall have the
meanings indicated:
The symbol designation of a noise level, reported in decibels,
using the A-weighted network of a sound level meter, as defined by
ANSI S1.4, Specification for Sound Level Meters.
Any motorized off-road recreational vehicle capable of cross-country
travel on land, snow, ice, marsh, swampland or other natural terrain,
including but not limited to a multi-track, multi-wheel or low-pressure
tire vehicle or related two-wheel, three-wheel, four-wheel or belt-driven
vehicle, or an amphibious machine. The definition of "ATV" excludes
golf carts, construction machines, utility vehicles used for business
operations, agriculture, yard work, landscaping, snow removal or otherwise
being used in the reasonable maintenance of a person's private
property, or motorized vehicles being used for law enforcement, fire,
emergency, military or other authorized governmental purposes.
A unit for measuring the sound pressure level at a specific
location.
A small motorcycle designed and built with special tires
and suspension for riding on unpaved roads and over rough terrain.
A sound having a duration of less than one second with rapid
onset and decay rates.
The steady-state, equivalent noise level over a given one-hour
period of time that would have the same acoustical energy as the actual
varying noise level over that same time period.
Any sound which annoys or disturbs humans or which causes
or tends to cause an adverse psychological or physiological effect
on humans.
Any sound at or exceeding any or all of the sound level limitation
noise criteria identified in this chapter and/or any specific acts
constituting a noise disturbance identified in this chapter or any
other sound that:
Any individual, association, partnership or corporation,
and includes any officer, employee, department, agency or instrumentality
of a state or any political subdivision of a state. "Person" includes
the owner or operator of the noise disturbance source; the owner,
tenant or manager of real property from which the noise disturbance
emanates; and any other individual responsible for producing the noise
disturbance or allowing such disturbance to occur.
Any street, avenue, boulevard, highway, sidewalk, alley or
similar place which is owned or controlled by a governmental entity.
Any real property or structures thereon which are owned or
controlled by a governmental entity.
Any sound which can be heard as a single pitch or a string
of single pitches.
All land, whether publicly or privately owned, whether improved
or not improved, with or without structures, exclusive of any areas
to public right-of-way.
Either:
The imaginary line, including its vertical extension, that separates
one parcel of real property from another;
The vertical and horizontal boundaries of a dwelling unit that
is one in a multi-dwelling unit building; or
The vertical and horizontal boundaries of a dwelling unit or
commercial unit of a mixed residential-business use building.
An oscillation in pressure, particle displacement, particle
velocity or other physical parameter, in a medium with internal forces
that causes compression and rarefaction of that medium. The description
of sound may include any characteristics of such sound, including
duration, intensity and frequency.
The weighted sound pressure level obtained by the use of
a sound level meter and frequency weighting network, such as A, B
or C, as specified in American National Standards Institute specifications
for sound level meters (ANSI S1.4-1971, or the latest revision thereof).
If the frequency weighting employed is not indicated, the A-weighting
shall apply.
An instrument used to measure sound level and which conforms
to Type 1 or Type 2 standards as specified in ANSI specification S1.4-1971.
A.
No person shall create a noise disturbance in the Township. The term
"noise disturbance" specifically includes, but is not limited to,
the following acts:
(1)
The unnecessary and repeated sounding of the horn of any vehicle
or the use of any loud signaling device thereon except an emergency
vehicle or a vehicle on emergency business.
(2)
Noise or sounds that are substantially incompatible with the time
and location where created to the extent that it creates an actual
or imminent interference with peace or good order.
(3)
Noise or sounds that is perceived by a person of ordinary and reasonable
sensibilities as interrupting the normal peace and calm of an area
or neighborhood, particularly during the hours of 10:00 p.m. and 8:00
a.m.
(4)
Dogs or any other constrained animals that, by frequent or habitual
howling, yelping, barking or otherwise, cause loud noises and produce
seriously annoying disturbance to any person or to the neighborhood
for a period of 10 minutes continuously and unnecessarily, or intermittently
for a period of 30 minutes or more.
(5)
Operating any audio amplification or reproduction device, including but not limited to an oversized hand-carried radio, cassette, compact disc player, or one that is installed in or audio powered by a vehicle, on a Township street or sidewalk, in a Township park, on a public conveyance, or in any other public property which generates noise that is audible to an officer standing in excess of 100 feet away from the source of the noise or otherwise constitutes a noise disturbance. The subsection shall not apply to audio amplification devices used for approved activity exempted in § 155-5.
(6)
Performing any construction operation, or operating or permitting
the operation of any tools or equipment used in construction, drilling
a well unrelated to an oil and gas development, preparing a well site
and constructing a drilling pad for an oil and gas development, demolition,
excavating, or other such activities between the hours of 10:00 p.m.
and 8:00 a.m.
(7)
Yelling, shouting, or other audible disturbances in or on the public
streets or sidewalks so as to annoy or disturb the quiet, comfort
or repose of a person or persons in the vicinity or within any nursing
home, personal care center, residential dwelling, or retail space.
(8)
The creation of noise on any street or area adjacent to any school,
institution of learning, religious institution or court, while the
same are in session, which unreasonably interferes with the workings
of sessions therein, or the making of any noise that disturbs or annoys
the quiet, comfort or repose of those within such places or buildings.
(9)
Commercial trash and/or recycling pickup before 6:00 a.m.
(10)
Discharging fireworks after 9:00 p.m., except that on July 4
of each year, fireworks may be discharged until 11:00 p.m.
(11)
Repairing, rebuilding, modifying, testing or operating a motor
vehicle, motorcycle, or other recreational vehicle, including ATVs
and/or dirt bikes in such a manner as to cause annoyance or disturbance
to persons across a real property boundary from the noise source.
(12)
Violation of the following regulations applicable to dirt bikes
and ATVs:
(a)
No person shall operate an ATV or dirt bike without an effective
and suitable muffling device on its engine which efficiently deadens
or muffles the noise of the exhaust.
(b)
Operation of ATVs and dirt bikes may only be on private lots
from 10:00 a.m. to dusk and the riding area shall not be located closer
than 100 feet from any property line.
(c)
Operation of ATVs and dirt bikes will be limited to a one-hour
session with a three-hour rest before the next operation of the vehicle.
(d)
None of the terms or prohibitions hereof shall apply to or be
enforced against any vehicle used by the Township or any other governmental
body in conducting official business.
(13)
Any other noise not enumerated above that is a noise disturbance
as defined herein.
The following is a three-tiered sound level limitation noise
criteria to be followed when evaluating noise levels within the Township:
A.
Maximum allowable noise increase. No person shall allow, cause, transmit,
or propose the operation of any sound source on a particular property,
zoning district, public right-of-way, or public space in such a manner
as to create a sound level that exceeds average hourly equivalent
A-weighted [Leq(h)] background sound levels by 10 dBA or greater during
daytime (8:00 a.m. until 10:00 p.m.) hours and by five dBA or greater
during nighttime (10:00 p.m. until 8:00 a.m.) hours, when measured
at or within the real property boundary of the receiving property.
Such a sound level increase would constitute a noise disturbance and
a violation of this chapter.
B.
Maximum permissible sound levels. In addition to the restrictions
set forth above, sound levels emanating from activities on public
or private property at the real property boundary, including, but
not limited to, sounds produced by any audio amplification system
or device, shall not exceed the sound level set forth in the following
table. Sound levels at or above those shown in the table constitute
a noise disturbance and a violation of this chapter.
|
Zoning Classification
|
Time
|
Maximum Sound Level
|
|---|---|---|
|
R, R-1, R-2, R-3, R-4, C-1, SU or V
|
Daytime
8:00 a.m. to 10:00 p.m.
|
65 dBA
|
|
Nightime
10:00 p.m. to 8:00 a.m.
|
50 dBA
| |
|
C-2, 1, or BTP
|
Daytime
8:00 a.m. to 10:00 p.m.
|
100 dBA
|
|
Nighttime
10:00 p.m. to 8:00 a.m.
|
60 dBA
|
C.
Impulsive sounds. Impulsive sounds are sounds that last for short
durations, (usually less than one second), with an abrupt onset and
a rapid decay. Some examples would include explosions from mining
operations, the discharge of firearms, test revving of engines or
motors, or other sounds of a similar nature. Sounds of this nature
may not equal or exceed a maximum noise level of 80 dBA, when measured
at or within the real property boundary of the receiving property.
Impulsive sounds at or above 80 dBA constitute a noise disturbance
and a violation of this chapter.
D.
Sound levels shall be measured with a sound level meter, either Type
I or Type II. In addition:
(1)
Sound level meters shall be set to the A-weighted scale and set to
"slow" response, except for the measurement of impulsive sounds. Noise
measurements related to the evaluation of impulsive sounds shall be
set to "fast" response.
(2)
The measurement of noise levels under this section shall be performed
at points on or within the real property boundary of the receiving
property or boundary of a zoning district if the receiving property
has multiple zoning districts within it.
(3)
The sound level meter must be "field calibrated" before and after
any noise monitoring session, and noise measurement and calibration
devices must be laboratory calibrated and certified annually (i.e.,
at least once per year). A copy of factory/laboratory calibration
documentation should be kept on file and submitted with reports.
(4)
The report of each measurement location shall include the following
data:
(a)
The date, time and day of the week when the measurements are
performed;
(b)
The times of calibration;
(c)
The weather conditions;
(d)
The identification of all monitoring equipment by the manufacturer,
model number and serial number (and provide factory calibration certificates);
(e)
The ambient sound level, in dBA, with the noise sources in question
operating;
(f)
The background level, in dBA, without the noise sources in question;
and
(g)
A sketch and photos of the measurement site, including all relevant
information pertaining to the test.
(5)
The monitoring test should last for a period of time sufficient to
ensure that the sounds levels measured are typical of the noise source
(or background conditions) in question.
The following noises and sounds are exempt from this chapter:
A.
Noises of safety signals, warning devices, emergency pressure valves,
factory steam whistles and all mechanical and electronic church bells
or chimes.
B.
Noises resulting from any authorized emergency vehicle when responding
to any emergency call or acting in time of emergency.
C.
Approved public entertainment as defined in Chapter 113, to include athletic events, shows, exhibitions, carnivals, circuses or concerts which are not conducted on a regular basis and for which an admission charge is made, provided that such activities do not occur between the hours of 11:00 p.m. and 8:00 a.m.
D.
Other approved performances or similar activities publicly or privately
sponsored and presented in any public or private space outdoors, including
any gatherings for entertainment purposes conducted for benevolent
or charitable purposes, any church or school affair, block parties
provided that such activities do not occur between the hours of 11:00
p.m. and 8:00 a.m.
E.
Noise from lawn mowers, weed trimmers, edging machines, leaf blowers
or other similar small-engine yard maintenance equipment, properly
equipped according to manufacturer's specifications, and used
between 8:00 a.m. and 10:00 p.m.
F.
Fireworks exhibitions held by the Township or held pursuant to a
permit issued by the Township.
G.
Construction equipment when being used on a specific short-term or
temporary project (such as construction of a building, drilling a
well unrelated to an oil and gas development, preparing a well site
and constructing a drilling pad for an oil and gas development, demolition,
repair, and similar projects) between 8:00 a.m. and 10:00 p.m. for
the duration of such short-term or temporary project; provided, however,
that such construction equipment is operated within the manufacturer's
specifications and with all standard noise-reducing equipment in use,
unmodified, and in proper operating condition, and consistent with
any approvals or permits issued by the Town.
H.
Air conditioners, fans, heating units and similar comfort devices,
designed and used solely for individual single-family dwelling units,
provided such are operated within the manufacturer's specifications
and with all standard noise-reducing equipment in use, unmodified,
and in proper operating condition.
I.
Emergency generators when used in a power outage or emergency situations
for the duration of the event 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.
Testing of emergency generators in accordance with manufacturer's
specifications for a short duration between the hours of 8:00 a.m.
and 10:00 p.m.
K.
Musical accompaniment/noise associated with any event held in recognition
of a community celebration of national, state or county events or
public festivals.
L.
All state, county, and Township snow removal equipment. All other
snow removal equipment is excluded from this chapter during periods
of substantial snowfall and immediately thereafter until such time
both private and public roads, sidewalks, and parking lots are cleared
so as to prevent a hazard to citizens. Routine snow removal will be
limited to daytime hours. All equipment must be properly muffled and
efforts are to be made to avoid unneeded noise.
M.
Municipal and utility services. Sounds resulting from the repair
or replacement of any municipal or utility installation in or about
the public right-of-way.
In the event any person has reasonable grounds for believing
that any provision of this chapter is being violated, he may make
a report thereof to the West Deer Police Department or Code Enforcement
Officer, which shall investigate the alleged violation. If any such
investigation reveals a violation, the investigating officer has the
authority to cause a written complaint to be made and may issue a
citation for a civil penalty, and/or may obtain other enforcement
measures as allowed in this chapter.
A.
Informal notification.
(1)
Township designees and associated technical advisors shall be afforded
the right to enter the originating and receiving properties to monitor
and investigate compliance with this chapter.
(2)
Where property owners cooperate with the Township designee and associated
technical advisors, and corrective action is deemed to be necessary
to comply with the chapter, the Township may provide an initial informal
notification to the originating property regarding the appropriate
remedial action necessary.
(3)
Where cooperation and/or corrective action is not provided, or where
the nature of the violation does not allow for the initial informal
notification, the Township may have a formal summary citation issued
and/or commence other appropriate legal action as provided below.
B.
Criminal enforcement. Any person who is found to have violated an
order of the Township or who willfully or negligently failed to comply
with the provisions of this chapter and the orders, rules, regulations,
and permits issued hereunder shall be prosecuted by action brought
before a district justice in the same manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure.
The Municipal Solicitor or the Code Enforcement Officer may assume
charge of the prosecution without the consent of the District Attorney
as required by Pa.R.Crim.P. No. 83 (relating to trial in summary cases).
The Township shall pursue criminal fines not to exceed $1,000 for
the violation of this chapter and imprisonment to the extent allowed
by law for the punishment of summary offenses. Each day or portion
thereof that such violation continues or is permitted to continue
shall constitute a separate offense, and each section of this chapter
that is violated shall also constitute a separate offense. The Township
may also take any appropriate action at law or equity, civil or criminal,
to enforce the provisions of this chapter and recover the fees, expenses
and costs associated with enforcement. This chapter shall in no way
restrict any remedies, including but not limited to injunctive remedies,
otherwise available and provided by law.
C.
Civil enforcement. In the event the procedures set forth in Subsection B are inapplicable, the Township shall proceed pursuant to this Subsection C. Any person who violates or permits a violation of this chapter shall pay a fine of $300/$600. If this fine is not voluntarily paid to the Township, the Township shall initiate a civil enforcement proceeding before a district justice. The civil enforcement proceeding shall be initiated by complaint or by such other means as may be provided by the Pennsylvania Rules of Civil Procedure. In any case where a penalty for a violation of this chapter has not been timely paid and the person upon whom the penalty was imposed is found to have been liable therefor in civil proceedings, the violator shall be liable for the penalty imposed, including additional daily penalties for continuing violations, plus court costs and reasonable attorney fees incurred by the Township in the enforcement proceedings. The Township shall be exempt from the payment of costs in any civil case brought to enforce this chapter. In addition to or in lieu of enforcement under this section, the Township may enforce this chapter in equity in the Court of Common Pleas of Allegheny County.
D.
A separate offense shall arise for each day or portion thereof in
which a violation is found to exist and for each section of this chapter
which is found to have been violated.
E.
All fines and penalties collected for the violation of this chapter
shall be paid to the Township Treasurer.
