[HISTORY: Adopted by the Board of Supervisors of Scott Township 10-10-1995 by Ord. No. 1-1995; amended in its entirety 10-11-2011 by Ord. No. 10-11-11A. Subsequent amendments
noted where applicable.]
This chapter shall be known as the "Scott Township Noise Disturbance
Ordinance."
This chapter is enacted pursuant to the Second Class Township
Code.
The purpose of this chapter is to ensure that public health,
safety and welfare shall not be abridged by the making and creating
of a noise disturbance. The residents of the 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 defining the maximum sound
levels that vehicles, appliances, equipment and persons shall be allowed
to produce and also to provide for the prohibition of other kinds
of offensive noises. These regulations and prohibitions are intended
to protect the physical, mental and social well-being of the residents
of Scott Township.
The Board of Supervisors finds that failure of individuals,
businesses, industries, persons maintaining animals, social gatherings
and other activities to regulate noise constitutes a violation of
the peace and enjoyment of
the residents of Scott Township and a public nuisance. Specifically,
such noise emanating from home occupations, businesses, industries,
sound-amplification equipment, radios, electronic sound-recording
equipment, vehicles, persons maintaining animals, social gatherings
and other activities:
A.
Creates 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.
Affects the property values of residences in the Township;
C.
Affects the public welfare by reflecting negatively on the quality
of life in residential areas of the Township;
D.
Disturbs the peace and good order of the Township; and
E.
Creates noise disturbance.
The following words and phrases, when used in this chapter,
shall have, unless the context clearly indicates otherwise, the meanings
given to them in this section.
7:00 a.m. to 9:00 p.m., prevailing time.
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 creates or causes a noise
disturbance.
9:00 p.m. to 7:00 a.m., prevailing time, conversely,
Any sound emitted by a person, animal, appliance, equipment,
instrument or other device.
Any sound or sounds which:
Endangers or injures the safety or health of humans or animals;
Annoys or disturbs a reasonable person of normal sensitivities;
Endangers or injures personal or real property; or
Exceeds 70 dBa measured by a noise meter beyond 30 feet from
the source (if the source is on a public right-of-way or area) or
30 feet from the property boundary if the source is on private property.
Includes an individual, firm, association, organization,
partnership, trust, company, corporation or any other similar entity.
Noise level.
Scott Township, Columbia County, Pennsylvania.
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.
The following acts and the causing thereof are declared to be
noise disturbances and, therefore, in violation of this chapter:
A.
Radios, television sets, musical instruments and similar devices.
No person owning, leasing, occupying or having charge of any building
or premises or any part thereof in Scott Township shall operate, play
or permit the operation or playing of any radio, CD player, VCR, DVD,
television, phonograph, high fidelity equipment or similar devices,
drum, music instrument or sound amplifier at any time in such a manner
as to cause a noise disturbance.
B.
Automobile radios, automobile stereos, portable radios, and stereos.
No person shall play an automobile radio or automobile stereo which
produces, reproduces or amplifies sound in such a manner as to cause
a noise disturbance.
C.
Motor vehicles and motorcycles.
(1)
No person shall at any time operate a vehicle or piece of machinery
or equipment so out of repair, so loaded, or in such a manner as to
cause a noise disturbance. Every vehicle shall be equipped with a
muffler or other effective noise-suppressing system in good working
order and in constant operation, and no muffler or exhaust system
shall be equipped with a cutout, bypass or similar device so as to
cause a noise disturbance.
(2)
No person shall at any time sound the horn or other warning device
of a vehicle so as to cause a noise disturbance as defined herein
except when absolutely necessary as a warning while actually driving
such vehicle.
(3)
No person shall at any time operate a motor vehicle by racing the
motor or spinning the wheels so as to make or cause to be made any
loud, boisterous or unseemly noise or disturbance that creates a noise
disturbance.
(4)
No person shall repair, rebuild or test any motor vehicle, motorcycle
or motorboat in such a manner as to cause a noise disturbance.
D.
Yelling and shouting, etc. No person shall create a noise disturbance
by yelling, shouting, whistling, hooting or singing so as to annoy
or disturb the quiet, comfort or repose of persons in any dwelling
or residence.
E.
Places of public entertainment. No person shall operate, play or
permit the operating or playing of any radio, television, phonograph,
stereo, drum, musical instrument, sound amplifier or similar device
which produces, reproduces or amplifies sound within any place of
public entertainment to create a noise disturbance.
F.
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 create a noise disturbance.
G.
Parties and other social events. No person in charge of a party or
other social event and no person present at a party or other social
event that occurs on any private or public property shall allow that
party or event to produce excessive noise in a loud, annoying or offensive
manner such that noise from the party creates a noise disturbance.
H.
Explosive, fireworks, firearms and similar devices. No person shall
use explosives, fireworks, firearms or similar devices which create
impulsive sound as to cause a noise disturbance.
Noise emitted from the following sources shall be exempt from
the noise standards specified in this chapter:
A.
All safety signals and warning devices (e.g., intrusion alarms, backup
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 municipal services, including
garbage collection services or public utilities.
C.
Bells, chimes and carillons used for religious purposes or in conjunction
with national celebrations or public holidays.
D.
Appliances, lawn and garden equipment, chain saws, snow-removal equipment
and power tools in use during the daytime, provided such are operated
within the manufacturer's specifications and with all standard
noise-reducing equipment in use, unmodified and in proper operating
condition.
E.
Heavy construction equipment when being used on a specific short-term
project (such as constructing a building; constructing, repairing
or cleaning a road; drilling a well; and other similar short-term,
specific construction, demolition or repair projects) in use during
the daytime 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 conditioners, fans, heating units and similar comfort services,
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, helicopters and normal activities of properly licensed
airports, and trains operating on railroads.
H.
Existing weapons firing ranges during daytime, as defined herein.
I.
All motor vehicles being operated on the public road in Scott 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.
J.
Activities permitted by special waiver, as provided herein, according
to the terms and conditions of said waiver.
K.
All farm-related operations and activities.
L.
Any existing legitimate or licensed business, commercial or industrial
operation during the daytime, 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.
A temporary waiver from strict compliance with the noise standards
specified herein may be granted to persons during emergency circumstances,
as determined by the Board of Supervisors, to permit reasonable time
to effect repairs.
It is the policy of the Board of Supervisors in adopting this
chapter 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
chapter.
This chapter may be enforced by any police officer or by any
person affected by a noise disturbance as defined herein.
The following procedures and penalties are prescribed for enforcement
of this chapter.
A.
Warnings. If it is determined that there has been a noise disturbance,
the Township shall, upon written complaint by the affected person
who resides in Scott Township, issue a written warning to the person
responsible. Any such warning shall be in effect for six months.
B.
Offenses. If it is determined that there has been a noise disturbance
caused or permitted by any person within six months after the issuance
of a warning, any person affected thereby who resides in Scott Township
may prosecute 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
chapter.
D.
Public nuisance. Any emission of noise so as to create or cause a
noise disturbance 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 chapter shall be construed to impair
any cause of action or legal remedy thereof by 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.
The provisions of this chapter are not intended to interfere
with, abrogate or annul other rules, regulations or ordinances, including
Title 18 (Crimes Code) and Title 75 (Vehicle Code) of the 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.
Any person, firm or corporation who shall violate any provision
of this chapter shall, upon conviction thereof as a summary offense,
be sentenced to pay a fine of not more than $1,000 and, in default
of payment, sentenced to imprisonment for a term not to exceed 30
days. Every day that a violation of this chapter continues shall constitute
a separate offense.
All ordinances or parts of ordinances which are inconsistent
herewith are hereby repealed.
