[Ord. 41, 6/11/1956; as revised by Ord. 356, 12/17/1986]
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. 41, 6/11/1956; as revised by Ord. 356, 12/17/1986]
This part shall apply:
[Ord. 41, 6/11/1956; as revised by Ord. 356, 12/17/1986;
and as amended by Ord. 461, 9/8/1999]
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.
Back-up 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.
E.
Public projects of a governmental agency when waived by the Board
of Supervisors.
[Ord. 41, 6/11/1956; as revised by Ord. 356, 12/17/1986]
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 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 ten
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 fluctuating noise is a noise whose sound level varies significantly
with time.
Impulsive noise is characterized by brief excursions of sound
level. The duration of a single impulse is usually less than one second.
An intermittent noise is 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.
Noise is 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 period of observation is the time interval during which
acoustical data is 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).
A sound level meter is 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 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 semitrailers.
[Ord. 41, 6/11/1956; as revised by Ord. 356, 12/17/1986;
and amended by Ord. 532, 9/10/2008]
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 Bucks County on complaint or petition
filed on behalf of the Township.
2.
Nothing in this part 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.
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 Magisterial District Judge to prosecute
violations of this part.
C.
Investigate complaints of violations of this part and make inspections
and observations of noise conditions.
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. 41, 6/11/1956; as revised by Ord. 356, 12/17/1986]
The Township shall:
A.
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.
B.
Prepare and maintain records of all orders issued by the noise enforcement
officers and the appeals board.
C.
By the Enforcement Officer/Township Police Department, 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.
D.
Establish an advisory committee to investigate and make recommendations
from time to time to the Board of Supervisors with respect to needed
additions or revisions of this part.
[Ord. 41, 6/11/1956; as revised by Ord. 356, 12/17/1986]
1.
The Board of Supervisors 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. 41, 6/11/1956; as revised by Ord. 356, 12/17/1986;
as amended by Ord. 556, 10/26/2011]
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, sound-amplifying or other similar
electronic device unless said person has obtained a special permit
from the Township Manager 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
7:00 a.m. or after 11:00 p.m. of the day unless said person has obtained
a special permit from the Enforcement Officer/Police Department.
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 premises 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.
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 Enforcement
Officer/Police Department for the conduct thereof.
11.
Vehicles. No person shall operate either a motor vehicle of a type subject to registration, except in 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 § 10-310.
|
Type of Vehicle
|
Speed Limit of 35 mph or Less
|
Speed Limit of More Than 35 mph
| ||
|---|---|---|---|---|
|
(1)
|
Any motor vehicle with a manufacturer's gross combination weight
rating of 10,000 pounds or more and any combination of vehicles towed
by such motor vehicle
|
86 dB(A)
|
90 dB(A)
| |
|
(2)
|
Any other vehicle or any combination of vehicles towed by such
motor vehicle
|
76 dB(A)
|
82 dB(A)
| |
|
(3)
|
Any motorcycle or motor-driven cycle
|
78 dB(A)
|
82 dB(A)
| |
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 paragraph
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 this subsection. 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 § 10-310.
|
Type of Equipment
|
Noise Limit
| ||
|---|---|---|---|
|
(1)
|
Construction and industrial machinery, such as crawler-tractors,
dozers, rotary drills 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)
| |
|
(2)
|
Agricultural tractors and equipment
|
86 dB(A)
| |
|
(3)
|
Powered commercial equipment of 2 horsepower or less intended
for infrequent use in residential areas, such as chain saws, pavement
breakers, log chippers, powered hand tools, etc.
|
84 dB(A)
| |
|
(4)
|
Powered equipment intended for repetitive use in residential
areas, such as lawn mowers, small lawn and garden tools, riding tractors,
snow removal equipment, etc.
|
70 dB(A)
| |
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. 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. 41, 6/11/1956; as revised by Ord. 356, 12/17/1986;
as amended by Ord. 524, 3/28/2007]
1.
Any property use established in a zoning district as defined and designated under the provisions of the Township Zoning Ordinance (Chapter 27) 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 dB(A)
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 dB(A) levels shown
below for the zoning district indicated from 8:00 p.m. to 8:00 a.m.
of the following day, as measured under the test procedures established
by § 10-310.2.
|
Maximum sound levels dB(A) along district boundaries as measured
by conventional sound level meters on slow response:
|
|
Commercial/Industrial
|
Residential
| ||
|---|---|---|---|
|
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.
| |
|
The maximum sound levels established in this section to be applied
to the boundaries of a lot shall not apply to construction sites and
emergency operations. Construction site noise levels shall be regulated
by § 10-308.11.
|
4.
Notwithstanding any other term, condition or provision of this section, 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 any property owned, occupied or controlled by him or it upon any land, street, alley or thoroughfare in Lower Southampton Township any excessive noise or sound, by means of vehicles, machinery, equipment (including sound-amplification equipment and musical instruments) or by any other means or methods which causes annoyance, disturbance or discomfort to any person in the vicinity, or which are so harsh, prolonged, unnatural or unusual in their use, time and place so as to occasion discomfort and/or a nuisance to the lives, health, peace and comfort of the inhabitants of Lower Southampton Township, or any number of residents thereof. For purposes of this section, it shall be sufficient measure of proof that the noise caused an annoyance, disturbance or discomfort to any person or persons in the vicinity without regard to the decibel level of such noise, measured or unmeasured, at or beyond the property line. Such noises shall constitute a public nuisance and shall be punishable as provided under § 10-311 of this part.
[Ord. 41, 6/11/1956; as revised by Ord. 356, 12/17/1986;
and as amended by Ord. 532, 9/10/2008]
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 § 10-308.12 shall be in substantial conformity
with standards and recommended practice established by the SAE, Inc.,
and the Pennsylvania Department of Environmental Protection as well
as the United States Environmental Protection Agency, and such other
and further standards as may be propounded by the Board of Supervisors.
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 § 10-308.12 shall
be in substantial conformity with standards and recommended practices
established by the SAE, Inc., and the Pennsylvania Department of Environmental
Protection as well as the United States Environmental Protection Agency,
and such other and further standards as may be propounded by the Board
of Supervisors.
[Ord. 41, 6/11/1956; as revised by Ord. 356, 12/17/1986;
and as amended by Ord. 532, 9/10/2008]
Any person, firm or corporation who shall violate any provision
of this part, upon conviction thereof in an action brought before
a Magisterial District Judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not less than $100 nor more than
$1,000 plus costs and, in default of payment of said fine and costs,
to a term of imprisonment not to exceed 90 days. Each day that a violation
of this part continues or each section of this part which shall be
found to have been violated shall constitute a separate offense.
