[HISTORY: Adopted by the Board of Supervisors of the Township
of Middletown 9-12-2006 by Ord. No. 06-15. Amendments noted where
applicable.]
A.
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. The measure
of disturbance shall be measured in accordance with the A-weighted
decibel scale which is expressed as "dBA."
(1)
In those areas of the Township zoned residential, as defined by Chapter 500, Zoning, except those instances as defined by § 320-101C(5)(a) of this chapter, it shall be an excessive noise disturbance if, 30 feet from the place of noise generation, the dBA exceeds:
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75 dBA between the hours of 7:00 a.m. and 10:00 p.m.
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55 dBA between the hours of 10:00 p.m. and 7:00 a.m.
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B.
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 it
or upon any public land, street, alley or thoroughfare in Middletown
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 Middletown
Township or any number of residents thereof.
C.
Special prohibitions. The following acts and causes thereof
are hereby declared to be nuisances and in violation of this chapter:
(1)
Possessing, harboring or keeping an 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.
(2)
Operating, playing or permitting the operation or playing of
any radio, television, audio equipment, 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.
(3)
Loudspeakers and public address systems. Using or operating
any loudspeaker, public address system, or similar device such that
the sound therefrom creates a noise disturbance across a residential
real property line.
(4)
Performing any construction operation or permitting the operation
of any tools or equipment used in construction, drilling, blasting,
demolition, excavation and extraction of stone or other such activities
between the hours of 10:00 p.m. and 7:00 a.m.
(5)
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.
(a)
All motorcycles built or rebuilt after 1982 and all car engines
will be operated at or below the decibel level of 86 dBA measured
50 feet from the place of noise generation. The method of measurement
of dBA for this paragraph only shall be established by and in accordance
with the written policy of the Middletown Township Police Department.
The decibel levels of this chapter established in § 320-101A(1)
shall not apply to this paragraph.
(b)
All motorcycles driven through Middletown Township must be equipped
with a muffler that meets legal requirements as defined by Pennsylvania
Motor Vehicle Inspection Law.
(6)
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 10:00 p.m. and 7:00 a.m. in
such a manner as to cause a noise disturbance.
(7)
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.
(8)
The operation of a snowblower is permitted any time within a
twenty-four-hour period immediately after a snowstorm. Thereafter,
the operation of a snowblower is not permitted in residential areas
between the hours of 10:00 p.m. and 7:00 a.m. the following day so
as to cause a noise disturbance across a residential real property
boundary.
(9)
Burglar alarms sounding, or permitting the sounding of any burglar
alarm in or on any building or motor vehicle, unless such burglar
alarm shall terminate its operation within 10 minutes of its being
activated.
The restrictions set forth in § 320-101 hereof shall
not apply to any of the following noise sources:
A.
The emission of sound for the purpose of alerting persons to
the existence of an emergency.
B.
Emergency work performed to protect public health or 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 permit
has been obtained from the Township.
D.
Warning devices on authorized emergency vehicles and/or required
for safety purposes.
E.
Vehicles, machinery, appliances and equipment used in the case
of emergency snow removal.
F.
A responding police officer or code enforcement official shall
have the discretion to declare that a noise disturbance is reasonable,
provided that it does not negatively impact the health, welfare and
safety of Middletown's residents. If a police officer or code
enforcement official declares such incident is reasonable, no citation
shall be issued.
A.
Any full- or part-time Middletown Township police officer or
Code Enforcement Officer may issue a summary citation, which shall
specify the nature, date and time of the violation.
B.
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 chapter, shall, upon first summary conviction
thereof, be punishable by a minimum fine of no less than $100. Each
violation of any of the provisions of this chapter shall be deemed
to be a separate and distinct offense. When a second and/or subsequent
violations are 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.
C.
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 chapter.
A.
If any provision of this chapter shall be held invalid, such
provision shall be deemed severable, and the invalidity thereof shall
not affect the remaining provisions of this chapter.
B.
All ordinances that conflict with this chapter shall be repealed
30 days after the adoption of this chapter, to include Ordinance No.
86-20, adopted October 21, 1986, and Ordinance No. 06-09, adopted
May 9, 2006.
