[Ord. 340, 5/21/1968; as amended by Ord. 524, 12/31/1991]
It is the purpose and scope of this Part to provide regulations
defining the maximum sound levels that vehicles, appliances and equipment
shall be allowed to produce at specified distances from these devices
and also to provide for the prohibition of other kinds of prohibited
noises. These regulations and prohibitions are intended to protect
the physical, mental and social well-being of the residents of the
Township.
[Ord. 340, 5/21/1968; as amended by Ord. 524, 12/31/1991]
This Part shall apply:
[Ord. 340, 5/21/1968; as amended by Ord. 524, 12/31/1991]
The following devices are exempt from the provisions of these
regulations:
1.
Aircraft (except model aircraft).
2.
Police, fire, ambulance and other governmental emergency vehicles.
3.
Backup alarm devices on trucks and other equipment when installed
and operated in accordance with Society of Automotive Engineers recommended
practice J 994, "Criteria for Back-Up Alarm Devices."
4.
Governmental warning devices (i.e., civil defense or fire siren).
[Ord. 340, 5/21/1968; as amended by Ord. 524, 12/31/1991]
All acoustical terminology shall be that contained in ANSI S1.1,
"Acoustical Terminology."
American National Standards Institute or its successors.
Any device or combination of devices used or capable of being
used as a means of accomplishing a desired end, such as a window air-conditioning
unit.
The twenty-four-hour period starting at local 12:00 midnight.
6:00 a.m. to 6:00 p.m.
A unit of sound level which is a division of logarithmic
scale used to express the ratio of the sound intensity of the source
to the intensity of an arbitrarily chosen reference intensity. The
ratio is expressed on the decibel scale by multiplying its "base 10
logarithm" by 10.
Any devices or combination of devices to accomplish a desired
end, such as a chain saw, bulldozer, etc.
Excessive noise is that sound which is: (1) injurious or
which unreasonably interferes with the comfortable enjoyment of life
and property. Measured noise levels in excess of limits established
in these regulations or those specified in valid permits are declared
to be excessive noise. (2) annoying to a person of ordinary sensibilities.
A noise whose sound level varies significantly with time.
Noise characterized by brief excursions of sound level. The
duration of a single impulse is usually less than one second.
A noise whose sound level exceeds the ambient noise levels
at least twice during the period of observation, which is one minute
or more. The period of time during which the level of the noise remains
at an essentially constant value different from that of the ambient
is on the order of one second or more.
Any sound emitted by a person, animal, vehicle, appliance,
equipment or other device and its environmental interaction.
Any person appointed by the Township with responsibility
to enforce municipal ordinances or any sworn member of the Township
Police Department.
Either the owner or operator of vehicles, appliances, equipment
or devices.
The time interval during which acoustical data are obtained.
The period of observation is determined by the characteristics of
the noise being measured and the instrumentation being used. The period
of observation must be at least as long as the response time of the
instrumentation. The greater the variance in individual sound level,
the longer must be the observation time for a given expected accuracy
of measurement.
Society of Automotive Engineers.
Airborne sound levels are expressed in dB and obtained by
the use of specific frequency-dependent weighting networks, as specified
in the referenced standards. The specific weighting network used must
be indicated by the proper notation. If A-weighting is employed, the
sound level is identified as dB(A).
An instrument, or combination of instruments, which meets
or exceeds the requirements for an ANSI Type S1A or Type S2A sound-level
meter.
A noise whose level remains essentially constant (i.e., fluctuations
are less than 5 dB) during the period of observation.
Any device, or combination of devices, used for or capable
of being used for transporting persons or property. Vehicles include,
but are not limited to, the following: automobiles, trucks, buses,
motorcycles, motorized bicycles, snowmobiles, scooters, all-terrain
vehicles, go-carts, racers and like devices, farm machinery, industrial
machinery, highway graders, trailers, graders and semi-trailers.
[Ord. 340, 5/21/1968; as amended by Ord. 524, 12/31/1991]
1.
Abatement. Any emission of noise from any source in excess of the
limitation established in or pursuant to this Part herein described
shall be deemed and is hereby declared to be a public nuisance and
may be abated, in addition to the administrative proceedings, fines
and penalties herein provided. Such abatement may be made by any police
officer or the Ordinance Enforcement Officer, or may be made by order
of the Court of Common Pleas of Montgomery County on complaint or
petition filed on behalf of the Township.
2.
Nothing in this Part shall be constructed to impair any cause of
action, or legal remedy thereof, of any person or the public for injury
or damage arising from the emission or release into the atmosphere
or ground from any source whatever of noise in such place or manner
or at such levels which may give rise to such cause of action.
3.
The noise enforcement officers of the Township shall:
A.
Be qualified by training and experience to perform the necessary
measurements and procedures required to determine violations of the
provisions of this Part;
B.
File complaints with the District Justice to prosecute violations
of this Part;
C.
Investigate complaints of violations of this Part and make inspections
and observations of noise conditions; and
D.
Be authorized to issue a warning to persons considered in violation
of these regulations, a warning which may allow an appropriate time
not to exceed 30 calendar days for correction to bring the offending
vehicle(s), appliance(s), equipment or other device(s) within the
provisions of these regulations before enforcement by prosecution.
[Ord. 340, 5/21/1968; as amended by Ord. 524, 12/31/1991]
The Township shall:
1.
Have available in convenient form as in a unit the provisions of
this Part and the recommended practices, rules, regulations and standards
which have been adopted. A copy of the information sources shall be
kept on file in the Township offices;
2.
Prepare and maintain records of all orders issued by the noise enforcement
officers and the Appeals Board;
3.
By the Chief of Police and the Board of Commissioners, issue all
standards, permits, certificates, notices or other matters required
under the provisions of this Part and notify all persons concerned
of any decisions rendered and provide such persons with an opportunity
to be heard as herein set forth;
4.
Establish an Advisory Committee to investigate and make recommendations
from time to time to the Board of Commissioners with respect to needed
additions to or revisions of this Part.
[Ord. 340, 5/21/1968; as amended by Ord. 524, 12/31/1991]
1.
The Board of Commissioners shall establish an Appeals Board consisting
of five members to hear and decide cases regarding interpretations
of this Part and variances for undue hardship situations.
2.
The membership of the Appeals Board shall contain at least one member
who is qualified by training and experience in the field of noise
control and noise control regulations.
[Ord. 340, 5/21/1968; as amended by Ord. 524, 12/31/1991]
1.
General. No person shall make, permit or cause to be made any excessive
noise of any kind by crying, calling or shouting, or by means of any
whistle, rattle, bell, gong, clapper, hammer, drum, horn, hand organ,
mechanically operated piano, other musical instrument, wind instrument,
mechanical device, radio, phonograph, or sound-amplifying or other
similar electronic device unless said person has obtained a special
permit from the Township as provided in this Part.
2.
Musical Instruments. No person shall use or perform on any hand organ
or other musical instrument or device, for pay or in expectation of
payment, in any public way or public open space of the Township before
6:00 a.m. or after 6:00 p.m. of the day unless said person has obtained
a special permit from the Chief of Police and the Board of Commissioners.
3.
Noise from Premises. No person owning or in possession or control
of any building or premises shall use the same, permit the use of
the same, or rent the same to be used for any business or employment
or residential use, or for any purpose of pleasure or recreation,
if such use shall, by its boisterous nature, disturb or destroy the
peace of the neighborhood as measured at the property line in which
such building or premise is situated, or be dangerous or detrimental
to health.
4.
Equipment Noise. It shall be unlawful for any person to use any pile
driver, shovel, hammer, derrick, hoist, tractor, roller or other mechanical
equipment operated by fuel or electric power in building or construction
operations from 6:00 p.m. to 7:00 a.m. of the following day, except
for emergency work on public improvements, work of public service
utilities, and municipal services, unless such equipment has been
manufactured or modified for sound control and meets the provisions
of this Part.
5.
Noise in Handling Refuse Cans. No person shall make any unnecessary
noise in the handling of ash, trash and garbage cans, either in loading
or unloading, whether full or empty.
6.
Noise in Vicinity of Hospitals, Schools and Churches. No person shall
make any unnecessary noise in the vicinity of any hospital, or church
during hours of public worship, or school during school hours.
7.
Unlawful to Keep Noisy Animals. No person shall keep, or permit to
be kept, harbor, or otherwise maintain any animal which shall disturb
the quiet of any public street or other public place, or of any neighborhood;
provided, however, that a noisy animal shall be defined as one or
more animals which makes noises habitually, so as to constitute annoyance
to a person of ordinary sensibilities.
8.
Noise by Peddlers. No peddler or other person who plies a trade or
calling of any nature on the streets of the Township shall use any
horn, bell, or other sound instrument to make any noise tending to
disturb the peace and quiet of the neighborhood for the purpose of
directing attention to his wares, trade or calling.
9.
Use of Horns and Other Devices on Vehicles. No person, operating
any vehicle, other than police, fire, public service or ambulance
operators, shall sound any horn, bell, gong, siren, or whistle, except
for the ordinary horn installed on such vehicle by the manufacturer,
or sound any type of horn except when reasonably necessary to prevent
accidents or to otherwise comply with the law of motor vehicles.
10.
Public Events. The operational performance standards established
by this Part shall not apply to any public performance being conducted
in accordance with provisions of a special permit obtained from the
Chief of Police and the Board of Commissioners for the conduct thereof.
11.
Vehicles. No person shall operate either a motor vehicle of a type subject to registration, except for police, fire equipment, ambulances or other government emergency vehicles, at any time or under any condition of grade, load, acceleration or declaration in such a manner as to exceed the following noise limits for the category of motor vehicles based on a distance of 50 feet from the center of the lane traveled on within the speed limit specified in this section under test procedures established by § 10-610 of this Part.
A.
This section applies to the total noise from a vehicle or combination
of vehicles and shall not be construed as limiting or precluding the
enforcement of any other provisions of this code relating to motor
vehicle mufflers for noise control.
B.
No person shall modify or change the exhaust muffler, intake muffler
or any other noise-abatement device of a motor vehicle so that the
noise level is increased above that emitted by the vehicle as originally
manufactured. Procedures used to establish compliance with this subsection
shall be those used to establish compliance of a new motor vehicle
with the requirements of this Part.
C.
No person shall sell or lease or offer for sale or lease a new or secondhand vehicle that produces a maximum noise exceeding the noise limit at a distance of 50 feet from the center line of travel as stated in § 10-611 of this Part. The manufacturer, distributor, importer or designated agent shall, if requested, certify in writing to the Township that his vehicles sold or leased within the Township comply with the provisions of this Part.
12.
Equipment.
A.
No person shall operate any powered equipment or powered hand tool that produces a maximum noise level exceeding the following noise limits at a distance of 50 feet, under test procedures established by § 10-610 of this Part.
B.
No person shall sell or lease or offer for sale or lease new or secondhand equipment that produces a maximum noise exceeding the noise limit at a distance of 50 feet as stated in this Part, § 10-608, Subsection 12A above. The manufacturer, distributor, importer or designated agent shall, if requested, certify in writing to the Township that his equipment sold or leased within the Township complies with the provisions of this Part.
[Ord. 340, 5/21/1968; as amended by Ord. 524, 12/31/1991]
1.
Any property use established in a zoning district as defined and
designated under the provisions of the Township Zoning Ordinance shall
be such as to comply with the performance standards governing noise
set forth hereinafter for the district in which such use shall be
located.
2.
Noise levels shall be measured in terms of the sound level in dBA
using equipment which meets the requirements established by this Part.
3.
In all commercial and industrial zoning districts, at no point on the boundary of any residential zoning district shall the sound level of any individual operation or business, or the combined operations of any person, firm or corporation, exceed the dBA levels shown below for the zoning district indicated from 6:00 p.m. to 7:00 a.m. of the following day, as measured under the test procedures established by § 10-610, Subsection 2, of this Part.
|
Maximum sound levels dB(A) along district boundaries as measured
by conventional sound-level meters on slow response:
|
|
Residential
|
Commercial/Industrial
| ||
|---|---|---|---|
|
A-scale levels
|
55 dB(A)
|
62 dB(A)
|
|
In commercial zoning districts, all activities involving the
production, processing, cleaning, servicing, testing, repair of materials,
goods or products, or any property use shall conform with the performance
standards stated above, provided that performance standards shall,
in every case, be applied at the boundaries of the lot on which any
such activities take place, except in such cases where the maximum
permitted sound levels may be exceeded at a more-distant point.
| |
|
In residential zoning districts, any property use shall conform
with the performance standards stated above for residential district
boundaries, provided that performance standards shall, in every case,
be applied at the boundaries of the lot on which such use is established,
except in such cases where the maximum permitted sound levels may
be exceeded at a more-distant point.
| |
[Ord. 340, 5/21/1968; as amended by Ord. 524, 12/31/1991]
1.
Test procedures to determine whether maximum noises emitted by new motor vehicles sold or offered for sale or lease meet the noise limits stated in § 10-608, Subsection 12, of this Part shall be in substantial conformity with standards and recommended practice established by the SAE, Incorporated, and the Pennsylvania Department of Environmental Resources as well as the United States Environmental Protection Agency and such other and further standards as may be propounded in the Code of Recommended Practices of the Township.
2.
Test procedures to determine whether maximum noises emitted by powered equipment or powered hand tools, sold or leased, or offered for sale or lease, meet the noise limits stated in § 10-608, Subsection 12, of this Part shall be in substantial conformity with Standards and Recommended Practices established by the SAE, Incorporated, and the Pennsylvania Department of Environmental Resources as well as the United States Environmental Protection Agency and such other and further standards as may be propounded in the Code of Recommended Practices of the Township.
[Ord. 340, 5/21/1968; as amended by Ord. 524, 12/31/1991]
Any person, firm or corporation who shall violate any provision
of this Part shall, upon conviction thereof, be sentenced to pay a
fine of not more than $600; and in default of payment, to imprisonment
for a term not to exceed 30 days. Every day that a violation of this
Part continues shall constitute a separate offense.
