[HISTORY: Adopted by the Board of Supervisors of Manor Township 8-4-2008 by Ord. No.
5-2008. Amendments noted where applicable.]
This chapter shall be known as the "Manor Township Noise Control
Ordinance."
This chapter is enacted pursuant to the Second Class Township
Code.[1]
[1]
Editor's Note: See 53 P.S. § 65101 et seq.
The purpose of this chapter is to ensure that the public health,
safety, welfare shall not be abridged by the making and creating of
noise pollution or of public nuisances from disturbing, excessive,
or offensive noises in Manor Township. The residents of Manor Township
recognize that uncontrolled noise represents a danger to the health
and welfare of their neighbors and that each person in the community
is entitled to live in an environment in which the level of impulsive
and amplified noise is minimized for the community good. It is the
purpose and scope of this chapter to provide regulations prohibiting
offensive noises. These regulations and prohibitions are intended
to protect the physical, mental, and social well-being of the residents
of Manor Township.
The Board of Supervisors of Manor Township finds that failure
of persons maintaining animals, social gatherings, and other activities
to regulate the noise emanating from their premises constitutes a
violation of the peace and enjoyment of the residents of Manor Township
and a public nuisance. Specifically, such noise emanating from sound
amplification equipment, radios, electronic sound recording equipment,
vehicles, persons maintaining animals, social gatherings, and other
activities which:
A.
Create a nuisance in that residents are deprived of the enjoyment
of their homes, disturbed in their sleep, and otherwise prevented
from the quiet enjoyment of their residential premises;
B.
Affect the property values of residences in Manor Township;
C.
Affect the public welfare by reflecting negatively on the quality
of life in residential areas of Manor Township;
D.
Disturb the peace and good order of Manor Township; and
E.
Create noise pollution.
The following words, terms and phrases, when used in this chapter,
shall have the meanings herein given, except where the context clearly
indicates a different meaning.
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage.
Any work performed for the purpose of preventing or alleviating
the physical trauma or property damage threatened or caused by an
emergency.
Sound of short duration, usually less than one second, with
an abrupt onset and rapid delay. Examples of impulsive sound include
explosions, drop forge impacts, and discharge of firearms.
Any sound which annoys or disturbs humans or which causes
or tends to cause an adverse psychological or physiological effect
on humans.
Any electrical, mechanical, or chemical device or instrument
or combination thereof, that creates noise during its operation by
a person.
Any sound which:
Any individual, association, partnership or corporation,
and includes any officer, employee, department, agency or instrumentality
of a state, or any political subdivision of a state. Whenever used
in any clause prescribing and imposing a penalty, "person" includes
the individual members, partners, officers and managers, or any of
them of partnerships and associations and, as for corporations, the
officers and managers thereof or any of them.
An imaginary line drawn through the points of contact of
adjoining lands, apartments, condominiums, townhouses, and duplexes
owned, rented, or leased by different persons, a demarcation or a
line of separate properties and also, for any two or more buildings
sharing common grounds, the line drawn midway between any two such
buildings. All areas devoted to public rights-of-way shall be deemed
to be across the property line. For the purpose of this definition,
the property line includes all points on a plan formed by projecting
the property line in a manner deemed appropriate by the enforcing
police officer.
Any street, avenue, boulevard, highway, sidewalk, alley,
or similar place which is owned or controlled by a government entity.
Any real property or structures thereon which are owned or
controlled by a governmental entity.
All land, whether publicly or privately owned, whether improved
or not improved, with or without structures, exclusive of any areas
devoted to public rights-of-way.
An oscillation in pressure, particle displacement, particle
velocity, or other physical parameter, in a medium with internal forces
that cause compression and rarefaction of that medium, or the superposition
of such propagated oscillation which evokes an auditory sensation.
The description of sound may include any characteristics of such sound
including duration, intensity, and frequency.
Manor Township, located in Lancaster County, Pennsylvania.
A.
Noise disturbance prohibited. No person shall make, continue, or
cause to be made, or cause to be continued any noise disturbance by
any means, nor shall any person suffer, allow, or permit any noise
disturbance, by any means, to be made or continued from or at any
property, whether public or private, real or personal, that is subject
to such person's right to control.
B.
Animals. The following is declared to be a noise disturbance and
therefore in violation of this chapter: Owning, possessing, harboring,
or controlling any animal which howls, barks, or makes other sounds
continuously and/or incessantly for a period of 10 minutes or makes
such noise intermittently for 1/2 hour or more to the disturbance
of any person at any time of the day or night regardless of whether
the animal is situated in or upon private property; provided, however,
that at the time the animal is making such noise, no person is trespassing
or threatening to trespass upon private property in or upon which
the animal is situated.
C.
Prima facie violation. Prima facie evidence of a noise disturbance
shall exist when:[1]
(1)
The noise disturbs two or more residents who are in general agreement
as to the times and durations of the noise and who reside in separate
residences, including apartments and condominiums located within the
same building, located across a property line (boundary) from the
property in which the source of the noise is generated.
(2)
The noise disturbs one resident located across a property line (boundary)
from the property on which the source of the noise is generated and
is corroborated by a police officer.
A temporary waiver from strict compliance with the noise standard
herein may be granted to persons during emergency circumstances as
determined by the Board of Supervisors to permit reasonable time to
effect repairs.
The following sounds are exempted from the provisions of this
chapter:
A.
Amplified announcements. Electronically amplified announcements at
athletic events, political events, and civic events.
B.
Blasting. Blasting may occur only between the hours of 7:00 a.m.
and 5:00 p.m., Monday through Friday, unless specifically authorized
by such permit.
C.
Concerts, etc. Band concerts, block parties, church carnivals, or
other performances or similar activities, publicly or privately, sponsored
and presented in any public or private space outdoors.
D.
Emergency work. Sounds caused by the performance of emergency work
or by the ordinary and accepted use of emergency apparatus and equipment.
E.
All farm-related operations and activities.
F.
Municipal and utility services. Sounds resulting from the repair
or replacement of any municipal or utility installation in or about
the public right-of-way.
G.
School and public activities conducted by organized school-related
programs, activities, athletic and entertainment events, or other
public programs, activities, or events. Musical recreational and athletic
events conducted by or permitted by schools, local government, community
or community association, or village festivals or events sponsored
by a nonprofit organization.
H.
Warning devices. Sounds made by warning devices operating continuously
for three minutes or less, except that in the event of any actual
emergency, the time limitation shall not apply.
I.
Expression or communication protected by the United States Constitution,
including the First Amendment or the Pennsylvania Constitution.
J.
Any activity or contact the regulation of which has been preempted
by Pennsylvania Statute.
K.
Any noise created by a governmental entity in the performance of
an official duty.
L.
Any noise for which a permit has been issued by an authority having
jurisdiction to issue the permit.
M.
Activities permitted by special waiver as provided herein.
This chapter shall be enforced by Manor Township Police.
The following procedures and penalties are prescribed for enforcement
of this chapter:
A.
Any person making a complaint pursuant to this chapter shall file
a written complaint with the Manor Township Police Department on a
form provided by the Manor Township Police Department.
B.
Warning. If it is determined that there is a noise disturbance, Manor
Township shall upon written complaint by the affected person who resides
in Manor Township, confirmed by a second resident who resides in Manor
Township, or corroborated by a Manor Township Police Officer, issue
a written warning to the person responsible. Any such warning shall
be in effect for six months.
C.
Offenses. If it is determined that a noise is in excess of that permitted
by this chapter and shall have been caused or permitted by any person
within six months after the issuance of a warning, the Township Police
may prosecute such person causing or permitting said noise level before
the Magisterial District Judge.
D.
Public nuisance. Any noise disturbance which is hereby declared as
a public nuisance may be abated by administrative or judicial proceedings,
fines, and penalties provided herein.
A.
Any person who violates or permits a violation of this chapter shall,
upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000, plus costs of prosecution. In default of payment
thereof, the defendant may be sentenced to imprisonment for a term
not exceeding 90 days. Each day or portion thereof that such violation
continues or is permitted to continue shall constitute a separate
offense, and each section of this chapter that is violated shall also
constitute a separate offense.[1]
B.
This chapter and the foregoing penalties shall not be construed to
limit or deny the right of the Township or any person to such equitable
or other remedies as may otherwise be available with or without process
of law.
