[HISTORY: Adopted by the Board of Supervisors of the Township
of Towamencin 6-8-2011 by Ord. No. 11-05. Amendments noted where
applicable.]
It is hereby declared to be the policy of Towamencin Township
to prohibit and prevent noise pollution, as hereinafter defined, for
the purpose of securing and promoting public health, comfort, convenience,
safety, welfare, peace and quiet in residentially zoned districts.
The following terms, wherever used herein, shall have the respective
meanings assigned to them unless a different meaning clearly appears
from the context:
The American National Standards Institute or its successor
bodies.
Seven o'clock a.m. to 8:00 p.m., local time.
The abbreviation for the sound level in decibels determined
by the A-weighting network of a sound-level meter or by calculation
from octave band or 1/3 octave band data.
A unit of measure, on a logarithmic scale, or the ratio of
a particular sound pressure squared to a standard reference pressure
squared. For the purpose of this chapter, 20 micropascals shall be
the standard reference pressure.
Arty occurrence of set or circumstances involving actual
or imminent physical trauma or property damage which demands immediate
action.
Eight o'clock p.m. of one day through 7:00 a.m. of the
next day.
The intensity, frequency, duration and character of sound,
including sound and vibration of sub audible frequencies.
The presence of noise of sufficient loudness and character,
from a single source or from multiple sources, which is, or may be
predicted with reasonable certainty to be, injurious to health, safety
and comfort or which unreasonably interferes with the peaceful enjoyment
of property or with any lawful business or activity. Noise/sound pressure
levels exceeding those permitted in residential districts constitute
noise pollution.
Any individual, group of individuals, lessee, lessor, guest,
licensee, firm, partnership, voluntary association or corporation
responsible for the use of property.
In decibels, the weighted sound-pressure level measured by
the use of a sound-level meter satisfying the requirements of ANSI
SI.4, 1971, Specifications for Sound-Level Meters. "Sound level" and
"noise level" are synonymous.
An instrument meeting ANSI SI.4, Specifications for Sound-Level
Meters, comprising a microphone, an amplifier, an output meter and
frequency weighting network or networks, that is used for the measurement
of sound-pressure levels in a specified manner.
Minute fluctuations in atmospheric pressure which accompany
the passage of a sound wave.
In decibels, 20 times the logarithm to the Base 10 of the
ratio of a sound pressure to the reference sound pressure of 20 micropascals
(20 micronewtons per square meter). In the absence of any modifier,
the level is to be that of a root-mean-square pressure.
Any person or property, real or personal, contributing to
noise pollution.
The land use category defined according to the Zoning Ordinances
of Towamencin Township.
It shall be unlawful for any person to knowingly permit the
making, creation or maintenance of noises in excess of those permitted
by this chapter upon any premises owned or possessed by him or under
his control.
The following sound/noise levels represent the maximum permissible
levels in residential zoning districts. Levels exceeding said permissible
levels are prohibited.
A.Â
Noise prohibitions.
(1)Â
The creation or allowance of such creation within any residential
zoning district of noise/sound levels in excess of 65 dB(A) during
the daytime and 55 dB(A) during the nighttime hours is hereby prohibited.
(2)Â
In situations where noise levels are measured at an interface or
boundary line between a residential district and nonresidential zoning
district or where noise levels measured in a residential zoning district
emanate from a source in another zoning district, the applicable permissible
noise level at the point of measurement shall be the noise level permitted
in the residential zoning district.
(3)Â
It is prohibited for any person to cause, permit or allow any noise emanated by him or from property owned by him in any nonresidential zoning district to reach any residential zoning district when said noise levels exceed those as set forth in Subsection A(1) above.
(4)Â
No nonemergency noise from recording, loudspeakers, or public address
systems which interferes with the reasonable enjoyment of adjacent
or nearby residential properties shall be allowed, and no such noise
discernible beyond the subject property shall be permitted between
the hours of 11:00 p.m. and 8:00 a.m.
[Added 2-12-2014 by Ord. No. 14-04]
(5)Â
No construction activity shall take place on any lot except between
the hours of 7:00 a.m. and 7:00 p.m., weekdays, and 8:00 a.m. and
6:00 p.m., Saturdays and holidays. No construction activity shall
take place on a Sunday.
[Added 2-12-2014 by Ord. No. 14-04]
B.Â
Exemptions. The provisions of this section shall not apply to:
(1)Â
Devices used solely for the purpose of warning, protecting or alerting
the public, or some segment thereof, of the existence of any emergency
situation.
(2)Â
Household tools and portable appliances in normal usages, during
daytime hours.
(3)Â
Lawn care equipment in normal daytime usage if used and maintained
in accordance with the manufacturer's specifications.
(4)Â
Motor vehicles licensed for operation on public roads.
(5)Â
Emergency utility operation.
(6)Â
Operations by Township, county or commonwealth departments.
(7)Â
Non-amplified sound emanating from duly permitted or licensed and/or
authorized athletic contests, fairs, parades and municipally sponsored
events.
(8)Â
Mechanical and electrical construction noise resulting from the operation
of tools and equipment used in the ordinary course of drilling, renovations,
lawn/yard and/or pool maintenance, tree maintenance, trimming and/or
removal, digging, demolition and all related practices provided the
noise emanating from said use occurs during the daytime hours.
(9)Â
All activities granted immunity and/or exemption from noise pollution
control by the legislation of the Commonwealth of Pennsylvania to
the extent of the immunity or exemption as granted by state law.
(10)Â
Declared emergencies, when an emergency is declared by the Township
Manager or Chief of Police, household equipment, such as chain saws,
snowblowers or similar equipment may be used in response to that emergency
during non-daytime hours.
(11)Â
A carnival, fair, concert, party or other gathering, during
daytime hours and into the nighttime hours but no later than 10:00
p.m. on Sunday through Thursday and no later than 11:00 p.m. on Friday
and Saturday. At no time may the noise be in excess of 85 db(A) at
the lot line.
(12)Â
Sporting events during daytime hours and into nighttime hours
but no later than 10:00 p.m.
C.Â
Measurement.
(1)Â
The measurement of noise levels shall be conducted at points on the
property line of the source if the source is in a residential zoning
district, or on the boundary of a zoning district if the source emanates
from property in a nonresidential zoning district, or may be made
on the premises or any property in a residentially zoned district
reached by the sound waves from the noise emanating from the source.
(2)Â
Measurement equipment shall be sound-level meters complying with
ANSI SI.4, 1971, Specifications for Sound-Level Meters, of at least
Type 2 quality and sensitivity, comprising a microphone, amplifier,
output meter and frequency weighting network(s).
(3)Â
Measurement equipment of operators shall be members of the Code Enforcement
and/or Police Department of Towamencin Township, who have been properly
trained in the operation and interpretation of the noise measuring
equipment.
Any person, persons or group of persons who shall violate this
chapter shall, upon conviction thereof, be deemed guilty of a summary
offense punishable by a fine of not more than $1,000, plus cost of
prosecution and, upon default of payment, may be sentenced to the
county correctional facility for a period not exceeding 30 days. Each
day that such violation by a corporation, firm or partnership shall
be construed, insofar as is legally permissible, as the commission
of such offenses by any and all officers and/or partners of said corporation,
firm or partnership.
