[HISTORY: Adopted by the Board of Commissioners
of the Township of Upper Pottsgrove 2-21-2017 by Ord. No. 494. Amendments noted where
applicable.]
A.
Intent and purpose. The Board of Commissioners finds that excessive
levels of sound are generally detrimental to the physical, mental
and social well-being of the people; to their comfort, living conditions,
general welfare and safety and being, and injurious to the community;
and, in particular, to neighbors of those who perpetrate such excessive
levels of sound. Therefore a public health and welfare hazard, the
Board of Commissioners hereby declares pursuant to the authority granted
in Section 56526 of the First Class Township Code,[1] as amended, that it is necessary to provide, and hereby
provides, for the greater control and more effective regulation of
excessive sound, and the sources of excessive sound, within the Township
of Upper Pottsgrove.
[1]
Editor's Note: See 53 P.S. § 55101 et seq.
B.
Methods of noise control. To achieve the intent and purpose of the
Board of Commissioners, this chapter regulates noise generally through
a reasonable person standard of annoyance; notice of specific conduct
substantially likely to cause noise known to cause annoyance to a
reasonable person; and the prohibition of certain defined activities.
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except when
the context clearly indicates a different meaning. All terminology
used in this chapter not defined below shall be in conformance with
the applicable publications of the American National Standards Institute
or its successor body, as amended.
The all-encompassing noise associated with a given environment,
being usually a composite of sounds from many sources near and far.
Any living creature other than a human being, including,
but not limited to, mammals, reptiles, birds, as well as domestic,
feral, and wild creatures.
The erection, repair, renovation, demolition or removal of
any building or structure; and the excavation, filling, grading and
regulation of lots in connection therewith.
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 decay. Examples of impulsive sound include
explosions, drop forge impacts and the discharge of firearms.
A device designed for decreasing or abating the level of
sound escaping from an engine or machinery system.
The definition provided in 18 Pa.C.S.A. § 302(b)(4),
as amended, is specifically incorporated herein.
Any sound which annoys or disturbs humans or which causes
or tends to cause an adverse psychological or physiological effect
on humans, excepting any law enforcement activity, including, but
not limited to, training sessions.
Any sound, except for sound resulting from any activity provided for in § 226-7 and/or any law enforcement activity, including, but not limited to, training sessions, 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, the term "person"
shall include the individual members, partners, officers and managers,
or any of them, of partnerships and associations, and as to corporations,
the officers and managers thereof, or any of them.
Any self-propelled airborne, waterborne or land-borne plane,
vessel or vehicle which is not designed to caddy persons, including,
but not limited to, any model airplane, boat, car or rocket. This
definition shall also include dirt bikes, four-wheelers, and all-terrain
vehicles (ATV) being used to carry persons, but which are not being
operated on a street, avenue, boulevard, highway, or alley.
An imaginary line or party wall that separates adjoining
lands or the dwelling units of apartments, condominiums (as defined
by the Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq.),
mobile homes, townhomes or duplexes, drawn through the points of contact
of adjoining lands, or, in the case of apartments, mobile homes, condominiums,
townhouses and duplexes owned, rented or leased by different persons,
a demarcation or a line of separation between dwelling units (or "unit"
as defined by the Uniform Condominium Act) of properties. In the circumstances
of any two or more buildings sharing common grounds, the line drawn
midway between any two such buildings. All areas devoted to public
right-of-way or a common or shared area shall be deemed to be across
the property line.
Any street, avenue, boulevard, highway, sidewalk, alley or
similar place which is owned or controlled by a governmental entity.
Any real property, or structures thereon, which is 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 right-of-way.
The definition provided in 18 Pa.C.S.A. § 302(b)(3),
as amended, is specifically incorporated herein.
A.
No person shall make, continue to make, or cause to be made or continued
any noise disturbance, nor shall any person allow or permit any noise
disturbance to be made or continued from or at any property, whether
real or personal, that is subject to such person's right to control.
B.
A person is in violation of this chapter if he or she:
(1)
Negligently makes, continues, or causes to be made any noise disturbance, or allows or permits any noise disturbance to be made or continued from or at any property, whether real or personal, that is subject to such person's right to control said property, caused by any action provided in § 226-4;
(2)
Recklessly makes, continues, or causes to be made any noise disturbance, or recklessly allows or permits any noise disturbance to be made or continued from or at any property, whether real or personal, that is subject to such person's right to control said property; caused by any action or inaction not otherwise provided for within § 226-4 or prohibited within § 226-5; or
The following acts are declared to be substantially likely to
result in a noise disturbance:
A.
Radios, television sets, musical instruments and similar devices.
Operating, using or playing of any radio, television, phonograph,
drum, musical instrument, sound amplifier, automobile radio, automobile
stereo or high-fidelity equipment or similar device which produces,
reproduces or amplifies sound:
(1)
Between the hours of 10:00 p.m. and 7:00 a.m. so as to be plainly
audible across a property line (boundary); or
(2)
In such a manner as to be plainly audible 50 feet from such device
when the device is operated in or on a motor vehicle, or hand carried,
on a public right-of-way or public space; or
(3)
When operated by any passenger on a common carrier.
B.
Yelling and shouting. Engaging in loud or raucous yelling, hooting,
whistling or singing in a public place or on a public street between
the hours of 10:00 p.m. and 7:00 a.m.
C.
Construction tools or equipment. Operating or permitting the operation
of any tools or equipment used in construction operations, drilling
or demolition work between the hours of 10:00 p.m. and 7:00 a.m. on
Monday through Sundays so as to be plainly audible across a residential
property line (boundary), except for emergency work.
D.
Domestic power tools. Operating or permitting the operation of any
mechanically powered saw, drill, sander, grinder, lawn or garden tool,
log splitter or similar device used outdoors for noncommercial, nonproprietary
use on one's own property in residential areas between the hours
of 10:00 p.m. and 7:00 a.m. on any day so as to be plainly audible
across a residential property line (boundary), except in an emergency.
Residential areas shall be defined for the purposes of this chapter
as any area within the township on which a residential dwelling unit
is situated.
E.
Loading and unloading. Loading, unloading, opening, closing or other
handling of boxes, crates, containers, building materials or similar
objects between the hours of 10:00 p.m. and 7:00 a.m. the following
day in such a manner as to so as to be plainly audible across a residential
property line (boundary). Such restrictions shall also apply to truck
idling and truck refrigerants.
F.
Animals. Owning, possessing, harboring and/or controlling, whether
legally or illegally, any animal which howls, barks, crows, meows,
squawks, snorts, growls, screeches, roars, bah-gawks, cock-a-doodle-doos,
screams, squeaks, clicks, chirps, caws, bleats, quacks, honks, hisses,
neighs, whines, chatters, bellows, moos, hoots, oinks, coos, gobbles,
sings, groans, or makes other sounds of a similar nature, continuously
or intermittently for a period of 15 minutes so as to be plainly audible
to any non-owner of the animal 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 or bird is situated or for any other legitimate
cause which teased or provoked the animal.
G.
Powered model vehicles. Operating or permitting the operation of
powered model vehicles so as to be plainly audible across a property
line (boundary).
H.
Street sales. Offering for sale or selling by shouting or outcry,
or by any other amplified or unamplified sound.
I.
Vehicle, motorized watercraft or aircraft repairs and testing. Repairing,
rebuilding or testing any motor vehicle, motorcycle, motorboat or
aircraft in such a manner so as to be plainly audible across a property
line (boundary).
The following acts are specifically prohibited:
A.
The removal or rendering inoperative by any person, other than for
the purposes of maintenance, repair or replacement, of any muffler
or sound dissipative device or element of design or noise label of
any product.
B.
The use of a product which has had a muffler or sound dissipative
device or element of design or noise labeled removed or rendered inoperative
other than for the purposes of maintenance, repair or replacement,
with knowledge that such action has occurred.
Any noise that 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, mobile homes, and condominiums
located within the same building, which are located across a property
line (boundary) from the property on which the source of the noise
is generated shall be prima facie evidence of a noise disturbance.
Noise resulting from the following activities is exempted from
the provisions of this chapter:
A.
Amplified announcements. Stationary electronically amplified announcements
at athletic events, political events and civic events.
B.
Blasting. Blasting, under proper permit, provided such blasting may
occur only between the hours of 9:00 a.m. and 4:00 p.m., Monday through
Friday, unless otherwise specifically authorized by permit.
C.
Public or private concerts. Concerts, band concerts, block parties,
church carnivals, or other performances or similar activities publicly
or privately sponsored and presented in any public or private space
provided:
D.
Emergency work. Sounds caused by the performance of emergency work,
or by the ordinary and accepted use of emergency apparatus and equipment,
or any other activities, conducted by police, fire or other emergency
service providers.
E.
Municipal and utility services. Sounds resulting from the repair
or replacement, in or about the public right-of-way, of any municipal
or utility installation.
F.
School and public activities. Sounds created by organized school-related
programs, activities, athletic and entertainment events, or other
public programs, activities or events, other than motor vehicle racing
events, not electronically amplified.
G.
Warning devices. Sounds made by the operation of warning devices
in the event of an actual emergency or operating continuously, or
for three minutes or less in the absence of an actual emergency.
This chapter shall be enforced by the Upper Pottsgrove Township
Police Department.
Any person who shall violate any provision of this chapter,
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 more than $1,000 plus costs and,
in default of payment of said fine and costs, to a term of imprisonment
not to exceed 30 days. Each day that a violation of this chapter continues
or each section of this chapter which shall be found to have been
violated shall constitute a separate offense.
The rights and remedies of the Township as prescribed by this
chapter or otherwise by law with respect to nuisances resulting from
noise, and the criminal sanctions herein provided, shall be cumulative,
and the pursuit of one shall in no way preclude simultaneous or subsequent
pursuit of another.
The provisions of this chapter shall be severable and if any
of its provisions shall be held to be unconstitutional or illegal,
the validity of any of the remaining provisions of the ordinance shall
not be affected thereby. It is hereby expressly declared as the intent
of the Township that this chapter would have been adopted had such
unconstitutional of illegal provision or provisions not been included
herein.
