[Ord. 02-09-02, 9/9/2002, § 1]
The following words and phrases, when used in this Part, shall
have, unless the context clearly indicates otherwise, the meanings
given to them in this section:
American National Standards Institute, or its successors.
All acoustical terminology shall be interpreted in accordance with
that contained in ANSI S1.1, "Acoustical Terminology." All other words
and terms not defined herein shall be used with a meaning of standard
usage.
A unit of sound level which is a division of a logarithmic
scale used to express the ratio of sound pressure of the source to
the pressure of an arbitrarily chosen reference pressure, the ratio
is expressed on the decibel scale by multiplying its "base 10 logarithm"
by 20.
Excessive noise is that sound which is 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, is annoying to a person of ordinary sensibilities.
9:00 p.m. to 7:00 a.m., prevailing time, conversely, daytime
7:00 a.m. to 9:00 p.m. prevailing time.
Any sound emitted by a person, animal, appliance, equipment,
instrument or other device.
Airborne sound levels expressed in dB and obtained by the
use of specific frequency dependant weighting networks, as specified
in the reference standards and indicated by proper notation; if "All
weighting networks is employed, the sound level is identified as dB(A)."
Noise of such 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 or which unreasonably interferes
with the enjoyment of property or with any lawful business or activity.
Noise/sound pressure levels exceeding those permitted in any district
shall constitute "noise pollution."
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.
Includes an individual, firm, association, organization,
partnership, trust, company, corporation or any other similar entity.
Noise level.
Instrument or combination of instruments which meets or exceeds
the requirements for an ANSI Type SIA or Type S2A sound-level meter.
New Britain Township, Bucks County, Pennsylvania, its Board
of Supervisors, Township Manager and all employees and appointees
of the Township.
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:
[Ord. 02-09-02, 9/9/2002, § 2]
1.
No person shall create or allow the creation of any noise or operate
or cause to be operated any source of sound on property owned, leased,
occupied or otherwise controlled by such person and/or on a public
street or in a public park which causes the sound level, when measured
at or beyond the boundaries of the lot, parcel, tract or property
on which such activities take place to exceed the noise levels specified
below:
A.
Eighty decibels dB(A) between the hours of 9:00 p.m. and 7:00 a.m.,
prevailing time.
[Ord. 02-09-02, 9/9/2002, § 3]
1.
Horns, Signaling Devices, Etc. Sounding any horn or signaling device
on any vehicle on any street or public place of the Township, except
as a danger warning, creating, by means of any such signaling device,
any unreasonable loud or harsh sound or the sounding of any such device
for any unnecessary or unreasonable period of time.
2.
Musical Instruments, Sound Equipment, Etc. Using, operating or permitting
the playing, use or operation of any radio receiving set, television
set, musical instrument, phonograph, tape player, CD player or other
machine or device for the producing or reproducing of sound in such
a manner as to disturb the peace, quiet and comfort of the neighboring
inhabitants or at any time with louder volume than is necessary for
convenient hearing for the person or persons who are in the room or
vehicle in which such machine or device between the hours of 11:00
p.m. and 7:00 a.m.
3.
Loud Speakers, Amplifiers. Using, operating or permitting the playing,
use or operation of any radio receiving set, musical instrument, phonograph,
loudspeaker, sound amplifier or other machine or device for the producing
or reproducing of sound which is cast upon the public streets for
the purpose of commercial advertising or attracting the attention
of the public to any building or structure except in the course of
an approved legitimate business activity or auction sale.
4.
Yelling, Shouting, Etc. Yelling, shouting, hooting, whistling or
singing on the public streets, between the hours of 11:00 p.m. and
7:00 a.m. or at any time or place so as to annoy or disturb the quiet,
comfort or repose of persons in any dwelling, hotel or other type
of residence or any persons in the vicinity.
5.
Exhausts. The discharge into the open air of the exhaust of any stationary
internal combustion engine or motor vehicle, except through a muffler
or other device which will effectively prevent loud or explosive noise
therefrom.
6.
Prima Facie Evidence of a Violation. Conduct in Subsections 1 through 5 above in such a manner as to be plainly audible to a person of normal hearing acuity at a distance of 50 feet from the building, structure or vehicle in which is located the source of the noise is prima facie evidence of a violation of this section.
[Ord. 02-09-02, 9/9/2002, § 4]
1.
Noise emitted from the following sources shall be exempt from the
noise standards specified herein:
A.
All safety signals and warning devices (e.g., intrusion alarms, back-up
alarms on trucks), authorized vehicles when responding to emergencies
(e.g., police, fire, ambulance sirens or any other device used to
alert persons to an emergency or used during the conduct of emergency
work).
B.
The provision, repair and maintenance of Township services or public
utilities.
C.
Bells, chimes and carillons used for religious purposes or in conjunction
with national celebration or public holidays.
D.
Appliances, lawn and garden equipment, chain saws, snow removal equipment
and power tools in use between the hours of 7:00 a.m. (prevailing
time) and 9:00 p.m. (prevailing time) provided such are operated within
the manufacturer's specification and with all standard noise-reducing
equipment in use, unmodified and in proper operating conditions.
E.
Heavy construction equipment except as may be otherwise permitted
by a permit issued by New Britain Township when being used on a specific
short term project (such as construction of a building, constructing,
repairing or cleaning a road, drilling a well and other similar short
term, specific construction, demolition or repair projects) in use
between the hours of 7:00 a.m. (prevailing time) and 9:00 p.m. (prevailing
time) for the duration of such short term specific project; provided,
such heavy construction equipment is operated within the manufacturer's
specifications and with all standard noise-reducing equipment in use,
unmodified and in proper operating condition.
F.
Air conditioner, fans, heating units and similar comfort devices;
provided such are operated within the manufacturer's specifications
and with all standard noise-reducing equipment in use, unmodified
and in proper operating condition.
G.
Airplanes, helicopter and normal activities of properly licensed
airports and trains operating on railroad.
H.
Permitted musical, recreational and athletic events conducted by
or permitted by schools, local government and/or community associations.
I.
Permitted outdoor weapons firing ranges in use between the hours
of 7:00 a.m. (prevailing time) and 9:00 p.m. (prevailing time).
J.
All motor vehicles being operated on the public road in New Britain
Township, provided, such are operated within the manufacturer's
specifications and with all standard noise-reducing equipment in use,
unmodified and in proper working condition.
K.
Activities permitted by special waiver, as provided herein, according
to the terms and conditions of said waiver.
L.
Farm related operations and activities between the hours of 7:00
a.m. (prevailing time) and 10:00 p.m. (prevailing time) and those
operations and activities necessary for the preservation and health
of farm animals and livestock at any time.
M.
Any existing legitimate or licensed business, commercial or industrial
operation between the hours of 7:00 a.m. and 9:00 p.m. (prevailing
time); provided any appliances, equipment, machinery or devices used
in such operation are operated within the manufacturer's specifications
and with all standard noise-reducing equipment in use, unmodified
and in proper operating condition.
[Ord. 02-09-02, 9/9/2002, § 5]
A temporary waiver from strict compliance with the noise standard
specified herein may be granted to persons during circumstances, as
determined by the Board of Supervisors, to permit reasonable time
to attain compliance.
[Ord. 02-09-02, 9/9/2002, § 6]
It is the policy of the Board of Supervisors in adopting this
Part not to force any industrial or commercial enterprise out of business,
but rather to work with any industrial or commercial enterprise to
find ways to reduce noise levels to the level permitted by this Part.
[Ord. 02-09-02, 9/9/2002, § 7]
This Part may be enforced by any officer or official of the
Township empowered to do so.
[Ord. 02-09-02, 9/9/2002, § 8]
1.
The following procedures and penalties are prescribed for enforcement
of this Part:
A.
Warnings. If it is determined that a noise level is in excess of
the levels prescribed by this Part, the Township, shall upon written
complaint by an affected person, issue a written warning to the person
responsible. Any such warning shall be in effect for two weeks.
B.
Offenses. If it is determined that a noise level in excess of the
levels permitted by this Part shall have been caused or permitted
by any person within one month after the issuance of a warning, any
person affected thereby, and/or the Township may file a complaint
against such person causing or permitting said noise level before
the Magisterial District Judge.
C.
Injunctions. In addition, any person affected thereby, may file legal
or equitable actions in court to abate or enjoin violations of this
Part.
D.
Public Nuisance. Any emission of noise from any source in excess
of the limitations established herein is hereby declared to be a public
nuisance and may be abated by administrative or judicial proceedings,
fines and penalties herein provided.
E.
Other Remedies. 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 on such
place or manner or at such levels which may give rise to such cause
of action.
[Ord. 02-09-02, 9/9/2002, § 9]
The provisions of this Part are not intended to interfere with,
abrogate or annul other rules, regulations or ordinances, including
Title 18 (Crimes Code) and Title 75 (Vehicle Code), Pennsylvania Consolidated
Statutes. If more stringent requirements concerning noise abatement
are contained in other statutes, rules, regulations or ordinances,
the more stringent regulation shall apply.
[Ord. 02-09-02, 9/9/2002, § 10; as amended by Ord.
2007-02-01, 2/12/2007]
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 offense under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not 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.
