[HISTORY: Adopted by the Board of Commissioners of the Township
of Lower Pottsgrove 9-5-2017 by Ord. No. 338. Amendments noted where applicable.]
A.
The Board of Commissioners finds that excessive levels of sound are
generally detrimental to the physical, mental and social well-being
of the people, as well as to their comfort, living conditions, general
welfare and safety and being, and injurious to the community, and
in particular neighbors of those who perpetrate such excessive levels
of sound. Therefore, a public health and welfare hazard, the Board
of Commissioners hereby declares it to be necessary to provide for
the greater control and more effective regulation of excessive sound
and the sources of excessive sound within the Township of Lower Pottsgrove.
The following words, terms and phrases when used in this chapter
shall have the meaning 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
(ANSI and its revisions) or its successor body.
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 those provided in § 156-6 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, drone, boat, car or rocket. This definition shall also include dirt bikes, four-wheelers, and all-terrain vehicles (ATVs) being used to carry persons but which are not being operated on a street, avenue, boulevard, highway, or alley. To the extent that dirt bikes, four-wheelers or ATVs are being operated on a public right-of-way, the restrictions in this chapter for such shall be governed by the motor vehicle prohibitions set forth in § 156-4 below.
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 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)
Knowingly, intentionally or 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; and/or
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.
The 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 to the extent that such use creates
a noise disturbance:
(1)
At any time in such a manner as to cause a noise disturbance across
a property line (boundary) or 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 create a noise disturbance across a property
line (boundary) or at 50 feet from such device, whichever is less,
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)
In such a manner as to create a noise disturbance to any person other
than the operator of the device, when operated by any passenger on
a common carrier.
C.
Construction tools or equipment. Operating or permitting the operation
of any tools or equipment used in construction operations, drilling
or demolition work:
(1)
Between the hours of 10:00 p.m. and 7:00 a.m. such that the sound
therefrom creates a noise disturbance 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 cause a noise disturbance
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 cause a noise disturbance across a residential
property line (boundary). Such restrictions shall also apply to truck
idling and truck refrigerants.
F.
Powered model vehicles. Operating or permitting the operation of
powered model vehicles so as to create a noise disturbance across
a property line (boundary).
G.
Street sales. Offering for sale or selling by shouting or outcry
or by any other amplified or unamplified sound.
H.
Tampering. The following acts or the causing thereof are prohibited:
(1)
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.
(2)
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,
with knowledge that such action has occurred.
I.
Vehicle, motorized watercraft or aircraft repairs and testing. Repairing,
rebuilding or testing any motor vehicle, motorcycle, motorboat or
aircraft in such a manner as to cause a noise disturbance across a
property line (boundary).
The noise prohibited in §§ 156-3 to 156-4 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. This is not the exclusive example of a prima facie violation.
The following sounds are 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 either issued by the Township
or state or federal agency having jurisdiction over the blasting activity.
C.
Concerts, etc. Band concerts, band practices of local schools, 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 of any municipal or utility installation in or about
the public right-of-way.
F.
School and public activities. Sounds not electronically amplified,
created by organized school-related programs, activities, athletic
and entertainment events, or other public programs, activities or
events, other than motor vehicle racing events.
G.
Routine and customary ringing of bells and chimes by a place of worship.
H.
Warning devices. Sounds made by warning devices operating continuously
for three minutes or less. In the event of an actual emergency, the
time limitation shall not apply.
I.
Alarm systems. Sounds emitted from audible security alarms that are
properly functioning and programmed to reset in 15 minutes of being
activated.
J.
Appliances, lawn and garden equipment or household power tools between
the hours of 7:00 a.m. and 9:00 p.m. provided that such are operated
within the manufacturer's specifications and with all standard
noise reducing equipment and use, unmodified and in proper operating
condition.
K.
Any special event that is specifically covered by an approved event
permit issued by Lower Pottsgrove Township.
A.
This chapter shall be enforced by the Lower Pottsgrove Township Police
Department.
B.
Any police officer may issue an order requiring the immediate abatement
of any source of sound in violation of this chapter. The order may
be verbal or in writing. If written, the owner or operator of the
subject property or equipment shall be notified of the violation upon
hand delivery or via first-class mail delivery of the order, which
shall specify the nature, date and time of the code violation and
shall set forth the date and time by which the violation must be abated,
which date and time shall not be more than 72 hours from the time
of notification. If a person or entity does not comply with the written
or verbal abatement order upon its issuance within the time specified
in the order, or there are repeat violations following such abatement
warning within a ninety-day period, a summary citation may be issued
for such violation.
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 90 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
ordinance 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 ordinance 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 or illegal provision or provisions not been included
herein.
