[HISTORY: Adopted by the Board of Commissioners
of the Township of Abington 7-10-1975 by Ord. No. 1405, effective 9-1-1975. Amendments
noted where applicable.]
A.
Pursuant to the authorization of Section 1502 of The
First Class Township Code,[1] for the purpose of securing and promoting the public health,
comfort, convenience, safety, welfare and the peace and quiet of the
Township of Abington and its residents, the Board of Commissioners
of the Township of Abington has found:
(1)
The making and creation of loud, unnecessary and unusual
noises within the limits of the township is a condition which has
existed for some time and the extent and volume of such noises is
increasing.
(2)
The making, creation and maintenance of loud, unnecessary
or unusual noises which are prolonged, unusual or unnatural in their
time, place or use does affect and is a detriment to the public health,
comfort, convenience, safety, repose, welfare or prosperity of the
residents and persons within the township.
[1]
Editor's Note: See 53 § 55101 et
seq.
B.
The necessity in the public interest for the provisions
and prohibitions hereinafter contained and enacted is declared as
a matter of legislative determination and public policy, and it is
further declared that the provisions and prohibitions hereinafter
contained and enacted are in pursuance of and for the purpose of securing
and promoting the public health, comfort, convenience, safety, repose,
welfare and prosperity and the peace and quiet of the Township of
Abington and its inhabitants and persons within its limits.
As used in this chapter, the following terms
shall have the meanings indicated:
A unit of level which denotes the ratio between two quantities
which are proportional to power; the number of "decibels" corresponding
to the ratio of two amounts of power is 10 times the logarithm to
the base 10 of this ratio.
Work made necessary to restore property to a safe condition
following a public calamity, or work required to protect persons or
property from imminent exposure to danger.
Includes the singular and the plural and also means and includes
any person, owner, tenant, firm, corporation, association, club, partnership,
society or any other form of association.
An instrument including a microphone, an amplifier, an output
meter and frequency weighting networks for the measurement of noise
and sound levels in a specified manner.
A.
It shall be unlawful for any person to make, continue
or cause to be made or continued any loud, unnecessary or unusual
noise which either annoys, disturbs, injures or endangers the comfort,
repose, health, peace or safety of others within the Township of Abington
limits.
B.
No person shall sound any horn or any signaling device
on any automobile, motorcycle, motor bicycle or other vehicle in any
street or public place of the township except as a danger warning
signal.
C.
No person shall operate any motor vehicle or motorcycle
in the township, licensed or unlicensed, on public or private premises,
whether standing or moving, without an appropriate muffling device
on the exhaust system of said vehicle in order to prevent any unnecessary
and unreasonably loud or harsh sound.
D.
No person shall use, operate or permit to be played
any radio receiving set, musical instrument, television, phonograph,
public-address system or other machine or device for producing or
reproducing sound in such a manner as to disturb the peace, quiet
and comfort of neighboring inhabitants. The operation of any such
instrument in such a manner as to be plainly audible at a distance
of 50 feet from the building, structure or vehicle in which it is
located is prohibited.
E.
No person shall use, operate or permit to be played,
used or operated any sound-amplifying machine for the producing or
reproducing of sound which is cast upon the public streets for the
purpose of advertising except by permit in accordance with Ordinance
No. 814 of the Township of Abington.[1]
F.
No person shall yell, shout, hoot, whistle or sing
on the public streets nor at any time or place so as to annoy or disturb
the quiet, comfort or repose of persons in any building or of any
persons in the vicinity.
G.
No person shall keep any animal or bird which causes
frequent or long-continued noise which disturbs the comfort or repose
of any person in the vicinity.
H.
The erection, including excavation, demolition, alteration, construction or repair, of any building other than between the hours of 7:00 a.m. and 9:00 p.m., except for emergency work, as defined in § 106-2, is prohibited.
I.
No person shall create any excessive noise on any
street adjacent to any school, institution of learning, church, hospital
or other public building, while the same are in use, which unreasonably
interferes with the workings of such institution or which disturbs
or unduly annoys the pupils, churchgoers, patients or others inside
said building.
J.
No peddler, hawker or vendor shall shout or otherwise
cry his wares which disturbs the peace and quiet of the neighborhood.
K.
It shall be unlawful for any person in the operation
of any machinery, commercial motor vehicle unit on a truck, any equipment,
pump, snowplow, snowblower, lawn mower, leaf blower, chain saw or
similar mechanical device, to use such instrument or equipment in
such a manner or with such volume as to annoy or disturb the quiet,
comfort or repose of any person or persons in any dwelling, apartment
or other type of residence on any day of the week. This subsection
shall not apply to municipal vehicles used for emergency work, such
as but not limited to snow removal.
L.
Air-conditioning and other mechanical equipment.
(1)
It shall be unlawful for any person in the operation
of any air-conditioning equipment or part thereof or any other type
of mechanical equipment or apparatus installed or attached to premises,
to make, continue to make or cause to be made excessive noise so as
to cause annoyance, inconvenience or detriment to the public or any
person or persons. Noise shall be considered excessive if the sound
level from the air-conditioning unit or any other type of mechanical
equipment or apparatus installed or attached to premises exceeds 55
decibels in recreation-conservation and residence districts under
the Zoning Ordinance of the Township of Abington, 70 decibels in PI
Planned Industrial Districts under the Zoning Ordinance of the Township
of Abington, and 60 decibels in all other classes of zoning districts
under the Zoning Ordinance of the Township of Abington.[2]
(a)
Exception. Permanently installed emergency generators, used for the
sole purpose of supplying electrical power to dwelling units within
the residential zoning districts of the Township of Abington may operate
at a decibel level not to exceed 75 decibels, measured at the closest
property line. The maintenance cycle for permanently installed emergency
generators must occur between the hours of 9:00 a.m. and 7:00 p.m.,
weekdays. Permanently installed emergency generators are prohibited
from being installed in a front yard setback area.
[Added 11-8-2012 by Ord. No. 2031]
(2)
If, as the result of a test, the air-conditioning
equipment, mechanical equipment or apparatus installed on or attached
to premises is found to violate the terms of this chapter, the operation
of said equipment or apparatus shall be discontinued immediately.
The Abington Health Department shall be empowered to grant an extension
of time not exceeding 30 days in order to bring equipment into compliance.
M.
No person shall operate or cause to be operated any
recreational motorized vehicle off a public right-of-way in such a
manner that the sound level therefrom exceeds 73 decibels at a distance
of 50 feet or more from the path of the vehicle when operated on a
public space or at or across the boundary of private property when
operated on private property. This section shall apply to all recreational
motorized vehicles, whether or not duly licensed and registered, including
but not limited to commercial and noncommercial racing vehicles, motorcycles,
minicycles, go-carts, snowmobiles, campers and dune buggies.
A.
It shall be the duty of the Abington Health Department
and the Abington Police Department and members of those Departments
to enforce the provisions of this chapter, and they are hereby given
the power and authority to do so.
B.
The measurement of sound or noise shall be made with
a sound-level meter meeting the standards prescribed by the American
Standards Association. The instrument shall be maintained in calibration
and good working order. A check for calibration of the system shall
be made at the time of any noise measurement. Measurements shall be
recorded so as to provide a proper representation of the noise source.
The microphone during measurement shall be positioned so as not to
create any unnatural enhancement or diminution of the measured noise.
A windscreen for the microphone shall be used when required. Traffic,
aircraft and other transportation noise sources and other background
noises shall not be considered in taking measurements, except where
such background noise interferes with the primary noise being measured.
The slow-meter response of the sound-level meter shall be made at
the property line of the property on which such noise is generated
or perceived as appropriate, five feet above the ground. In case of
an elevated or directional sound or noise source, compliance is to
be maintained at any elevation at the boundary.
Any person violating any of the provisions of
this chapter shall, upon conviction thereof by any District Justice,
be sentenced to pay a fine of not less than $10 nor more than $300,
together with the costs of prosecution. Each day a violation exists
shall constitute a separate offense. In default of payment of any
fine, the defendant may be sentenced and committed to the township
lockup for a period not exceeding five days or to the county jail
for a period not exceeding 30 days.
