[HISTORY: Adopted by the Board of Supervisors of the Township
of Fairview as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Animals — See Ch. 84.
[Adopted 12-8-1992 by Ord. No. 92-5 (Ch. 10, Part 3, of the
1991 Code of Ordinances)]
It is the purpose and scope of this article 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 of Fairview.
This article shall apply:
The following devices are exempt from the provisions of these
regulations:
A.
Aircraft (except model aircraft).
B.
Police, fire, ambulance and other governmental emergency vehicles.
C.
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."
D.
Governmental warning devices (i.e., civil defense or fire siren).
All acoustical terminology shall be contained in ANSI S1.1,
Acoustical Terminology. As used in this article, the following terms
shall have the meaning indicated:
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 midnight.
6:00 a.m. to 6:00 p.m.
A unit of sound 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.
Sound which is:
A noise whose sound level varies significantly with time.
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 of Fairview with responsibility
to enforce municipal ordinances; or, any sworn member of the Fairview
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 the 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 five dB) during the period of observation is a steady
noise.
Any device, or combination of devices, used for or capable
of being used for transportation of persons or property. Vehicles
include, but are 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 semitrailers.
A.
Abatement. Any emission of noise from any source in excess of the
limitation established in or pursuant to this article 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 York County on complaint or petition
filed on behalf of the Township of Fairview.
B.
Nothing in this article shall be construed 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.
C.
The noise enforcement officers of the Township of Fairview shall:
(1)
Be qualified by training and experience to perform the necessary
measurements and procedures required to determine violations of the
provisions of this article.
(2)
File complaints with the Magisterial District Judge to prosecute
violations of this article.
(3)
Investigate complaints of violations of this article and make inspections
and observations of noise conditions.
(4)
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
provision of these regulations before enforcement by prosecution.
The Township of Fairview shall:
A.
Have available in convenient form as in a unit the provision of this
article 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 of Fairview offices.
B.
Prepare and maintain records of all orders issued by the noise enforcement
officers and the Appeals Board.
C.
Issue all standards, permits, certificates, notices or other matters
required under the provisions of this article and notify all persons
concerned of any decisions rendered and provide such persons with
an opportunity to be heard as herein set forth.
The Board of Supervisors of the Township of Fairview shall serve
as an Appeals Board to hear and decide cases regarding interpretations
of this article and variances for undue hardship situations.
A.
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, sound-amplifying or other similar
electronic device unless said person has obtained a special permit
from the Fairview Township Manager as provided in this article.
B.
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 of
Fairview before 6:00 a.m. or after 6:00 p.m. of the day unless said
person has obtained a special permit from the Township Manager or
his designee.
C.
Noise from premises. No person owning or in possession or control
of any building or premises shall use 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 constitute
excessive noise as defined herein.
D.
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 8:00 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 article.
E.
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.
F.
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.
G.
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 make noises habitually, so as to constitute annoyance
to a person of ordinary sensibilities.
H.
Noise by peddlers. No peddler or other person who plies a trade or
calling of any nature on the streets of the Township of Fairview 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.
I.
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 otherwise comply with the law of motor vehicles.
J.
The operational performance standards established by this article
shall not apply to any public performance being conducted in accordance
with provisions of a special permit obtained from the Township Manager
or his designee for the conduct thereof.
K.
Vehicles.
(1)
No person shall operate a vehicle except in police, fire equipment,
ambulances or other government emergency vehicles at any time or under
any condition of grade, load, acceleration or deceleration in such
a manner as to exceed the following noise limits for the category
of vehicles based on a distance of 50 feet from the center of the
lane traveled within the speed limit specified in this section.
|
Type of Vehicle
|
Speed Limit of 35 mph or Less
|
Speed Limit of 35 mph or More
| |
|---|---|---|---|
|
Any motor vehicle with a manufacturer's gross combination
weight rating of 10,000 pounds or more; any combination of vehicles
towed by such motor vehicle
|
86 db(A)
|
90 dB(A)
| |
|
Any other vehicle or any combination of vehicles towed by such
motor vehicle
|
76 dB(A)
|
82 dB(A)
| |
|
Any motorcycle or motor-driven cycle
|
78 dB(A)
|
82 dB(A)
|
(2)
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 article relating to motor
vehicle mufflers for noise control.
(3)
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.
L.
Equipment. 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:
|
Type of Equipment
|
Noise Limit
| |
|---|---|---|
|
Construction and industrial machinery, such as crawler-tractors,
dozers, rotary drill and augers, loaders, power shovels, cranes, derricks,
motor graders, paving machines, off-highway trucks, ditchers, trenchers,
compactors, scrapers, pavement breakers, compressors and pneumatic
power equipment, but not including pile drivers
|
86 dB(A)
| |
|
Agricultural tractors and equipment
|
86 dB(A)
| |
|
Powered commercial equipment of 2 HP or less intended for infrequent
use in residential areas, such as chain saws, pavement breakers, log
chippers, powered hand tools, etc.
|
84 dB(A)
|
M.
Prima facie violation. Any noise that disturbs two or more residents
who are in general agreement as to the times and the duration of the
noise and who reside in separate residences, including apartments
and condominiums located across from a property or boundary line from
the property in which the source of the noise is generated, shall
be prima facie evidence of excessive noise.
It shall be unlawful for persons to operate or permit to be
operated a sound level which exceeds the dBA levels set for the receiving
land use category in Table I below; provided, that the performance
standard shall in every case be applied at the boundaries of the lot
in which any such activities take place except in such case where
the maximum permitted sound levels may be exceeded at a more distant
point. The limits set forth below shall also apply to vehicles operated
on property other than public roads.
|
Table I
| |
|---|---|
|
Receiving Land Use Category By Zoning District
|
Maximum Sound Level
|
|
RL Rural Living
|
55 dB(A)
|
|
RS Single-Family Residential
| |
|
VR Village Residential
| |
|
RMU Residential Mixed Use
| |
|
AB Airport Business
|
62 dB(A)
|
|
IB Industrial Business
| |
|
CB Commercial Business
| |
|
VB Village Business
| |
[Amended 8-13-1996 by Ord. No. 96-5; 3-27-1997 by Ord. No. 97-2]
Any person, firm or corporation who is found to be in violation
of any provision of this article shall, upon conviction thereof, be
sentenced to pay a fine of not more than $600 and/or undergo imprisonment
for a term not to exceed 90 days. Each day that a violation of this
article continues shall constitute a separate offense.
