[HISTORY: Adopted by the Board of Commissioners
of the Township of Upper Gwynedd 5-24-2004 by Ord. No. 2004-4.
Amendments noted where applicable.]
GENERAL REFERENCES
Operation of heavy machinery — See Ch. 113.
It is hereby declared to be a nuisance, and
it shall be unlawful for any person, firm or business entity to make
or cause or suffer or permit to be made or caused, upon a premises
owned, occupied or controlled by him or it or upon any public land,
street, alley or thoroughfare in the Township of Upper Gwynedd, any
unnecessary noises or sounds by means of the human voice 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 said Township or any number of residents thereof.
A.
No person, firm or business entity shall play, use
or operate, or knowingly permit to be played, used or operated, any
radio receiving set, musical instrument, phonograph, sound amplifier,
bell, siren, whistle, alarm, audio signaling device, loudspeaker,
exhaust or other machine or device that generates or reproduces sound,
upon real or personal property owned, occupied or controlled by him
or it, in such manner that the sound emanating from such machine or
device equals or exceeds at any boundary of such property 65 decibels
during the hours of 7:00 a.m. to 9:00 p.m. or 60 decibels during the
hours of 9:00 p.m. to 7:00 a.m.
[Amended 11-26-2012 by Ord. No. 2012-05]
(1)
Noise levels shall be measured according to American National Standards Institute Methods for the Measurement of Sound Pressure Levels, ANSI SI.13-1971 (R. 1986), or other equivalent method. The provisions of this subsection shall not be construed to alter or affect the provisions of Chapter 113 of the Code.
B.
The following are exempt from the prohibitions set forth in this § 124-2:
(1)
The playing of a band or orchestra in any public park
or in any enclosed concert hall, auditorium or club room, or a parade
that complies in other respects with Township ordinances.
(2)
Emergency activities of municipal, county, state or
federal government agencies and public utilities when they are seeking
to repair or demolish roads or buildings or to provide water, electricity
or other public utility services, and the public health, safety and
welfare are implicated.
(3)
Warning devices on authorized emergency vehicles and
vehicles used for traffic safety purposes.
(4)
Customary on-site noise connected with the actual
performance of sporting events and commencement exercises of educational
institutions, except that outdoor loudspeakers and public address
systems are exempt only when used at sporting events and commencement
exercises sponsored by educational institutions.
(5)
Power lawn mowers and equipment and snowblowers, when
operated between the hours of 7:00 a.m. (9:00 a.m. on Sundays and
government holidays) and 9:00 p.m.
(6)
Devices used by governmental entities in furtherance
of governmental duties.
(7)
Farm animals on properties where agricultural uses
are permitted by zoning ordinances enacted by the Township.
(8)
Noises made by animals or birds when a person is trespassing
or attempting to trespass upon private property where the animal or
bird is situated.
(9)
Transportation noises emanating from the operation
of trains, airplanes and automobiles, except that automobile sound
systems and unmuffled vehicles shall not be exempt.
(10)
Backup alarms on commercial vehicles when used
between the hours of 7:00 a.m. and 9:00 p.m.
A.
No person shall operate a sound truck or loudspeaker
on the streets or public places of Upper Gwynedd Township without
first obtaining a permit therefor from the Township Zoning Officer.
Such permit shall be for a period of one day only, shall not be transferable,
shall be limited to one sound truck, and may not be extended as to
the date it shall be used. No permit shall be issued for the operation
of a sound truck earlier than 8:00 a.m. or later than 8:00 p.m. of
the prevailing local time.
B.
Every application for a permit shall be accompanied
by a permit fee to be determined by the Board of Commissioners. The
application for such permit shall be filed in duplicate with the Zoning
Officer and shall set forth the following information:
(1)
Name and residential address of the applicant.
(2)
Business address of the applicant.
(3)
Name and address of the owner of the sound truck.
(4)
Make and license number of the sound truck.
(5)
Name and residential address of the person operating
the sound truck.
(6)
Name and residential address of the person operating
the sound equipment on the sound truck.
(7)
The purpose for which the sound truck will be used.
(8)
The proposed hours of operation of the sound truck.
(9)
The applicant shall attach a certification from an
engineer that amplifying equipment on the sound truck is regulated
by decibels in such a manner that sound emanating from the equipment
will not equal or exceed a level that is 15 decibels greater than
the ambient background noise level at a distance of 100 feet from
the sound truck.
(10)
The applicant shall attach documents demonstrating
that the sound truck is covered by a policy of liability insurance
in the amount of at least $200,000 per occurrence and demonstrating
that the sound truck has a current inspection sticker affixed by a
facility authorized by the Commonwealth of Pennsylvania to conduct
vehicle inspections.
C.
After issuance of the permit, the Zoning Officer shall
furnish one copy of the permit to the permittee. The permit must be
in the possession of the operator of the sound truck during such time
that the sound-amplifying equipment is in operation. The permit shall
be promptly exhibited upon request of any police officer of Upper
Gwynedd Township.
It shall be unlawful for any person or business
entity to sound any horn or warning device on any automobile, motorcycle,
bus or other vehicle except when required by law or to give timely
warning of impending danger to persons driving other vehicles or to
persons upon the street. No person shall sound any horn or warning
device which shall emit an unreasonably loud or harsh sound or for
any unnecessary or unreasonable period of time.
It shall be unlawful for any person or business entity, or their agents or employees, owning or occupying any building or premises in the Township, to operate or permit to be operated any type of vehicle, machinery, appliance, equipment or hand tool which emits noise in violation of the provisions of § 124-2A herein beyond the boundary of the property upon which said machinery, appliance, equipment or hand tool is being operated or used between the hours of 9:00 p.m. and 7:00 a.m. (9:00 a.m. on Sundays and national holidays) local time. When the vehicle, machinery, appliance, equipment or hand tool is being used in conjunction with agricultural activities, an emergency, snow removal, or repair of a public utility, such as a gas main, water main or electrical power line, this section shall not apply.
A.
The Township may issue an order requiring the abatement
of any source of sound or other nuisance in violation of this chapter.
The owner or operator of the subject property or equipment shall be
notified of the violation upon hand or certified mail delivery of
the order, which shall specify the nature, date and time of code violation
and shall set forth the date and time by which the violation must
be abated. If a person or entity does not comply with the abatement
order within the time specified in the order, a summary citation may
be issued for such violation.
B.
Any person or business entity who or which shall violate
any of the provisions of this chapter shall, upon summary conviction
thereof, be punishable by a fine of not more than $1,000 plus costs
of prosecution and, in default of such fine and costs, by imprisonment
in the county jail for a term not exceeding 30 days. Each violation
of any of the provisions of this chapter shall be deemed to be a separate
and distinct offense, and each day that a violation continues beyond
the time limit set forth in the abatement order shall be deemed to
be a separate and distinct offense.
