[Ord. 740, 8/17/2017]
The following words and phrases, when used in this Part 3, shall have the meanings given to them in this section unless the context clearly indicates otherwise.
Any sound that annoys or disturbs a reasonable person with
normal sensitivities, or any sound that injures or endangers the comfort,
repose, health, hearing, peace or safety of other persons.
An oscillation in pressure, particle displacement, particle
velocity, or other physical parameter, in a medium with internal forces
that causes compression and rarefication of that medium, or the superposition
of such propagated oscillation which evokes an auditory sensation.
The description of "sound/noise" may include any characteristics of
such sound/noise, including duration, intensity, and frequency.
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, farm machinery, industrial machinery, highway
graders, tractor-trailers and semi-trailers.
[Ord. 740, 8/17/2017]
It is hereby declared to be a nuisance, and it shall be unlawful,
for any person, firm or corporation to make or cause or permit to
be made upon any premises owned, occupied or controlled by him or
it or upon any public street, alley or thoroughfare in the Township
of Warminster the following:
A.
Any noise or sound by means of either the human voice or by any other
means or methods which are physically annoying to the comfort of any
person of reasonable sensibility;
B.
Any noise or sound which is so harsh, prolonged, unnatural or unusual
in its use, time and place as to occasion physical discomfort; or
C.
Any noise or sound which is injurious to the life, health, peace
and comfort of the inhabitants of the Township.
[Ord. 740, 8/17/2017]
In addition to the foregoing, the following acts are declared
to be sound/noise disturbances, and to constitute a violation of this
Part 3.
A.
At any time and in such a manner as to cause a sound/noise disturbance
across a property line (boundary) or between the hours of 7:00 p.m.
and 8:00 a.m., so as to be plainly audible across a property line.
B.
In such a manner as to create a sound/noise disturbance across a
property line (boundary) or at 20 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.
C.
Operating, playing or permitting the operation or playing of any
radio, television, audio equipment, sound amplifier, musical instrument
or other such device between the hours of 7:00 p.m. and 8:00 a.m.
in such a manner as to cause annoyance to persons in the vicinity.
D.
Possessing, harboring or keeping an animal or bird which makes any
noise continuously and/or persistently for a period of 15 minutes
or more in such a manner as to disturb or annoy any person at any
time of the day or night, regardless of whether the animal is situated
upon private property; provided, however, that at the time the animal
or bird 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 is otherwise teasing or provoking the animal or bird.
E.
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 7:00 p.m. and 7:00 a.m., Monday through
Friday, 7:00 p.m. and 8:00 a.m. Saturday, or at any time on Sundays
or any holidays recognized by Warminster Township, such that sound/noise
therefrom creates a sound/noise disturbance across a residential property
line (boundary), except for emergency work.
F.
Operating or permitting the operation of any mechanically powered
saw, drill, sander, grinder, lawn or garden tool or similar device
used out of doors between the hours of 7:00 p.m. and 7:00 a.m. Monday
through Friday, 7:00 p.m. and 8:00 a.m. on Saturday or Sunday, in
such a manner as to cause annoyance to persons across a real property
boundary from the noise source.
[Amended by Ord. 741, 11/16/2017]
G.
Repairing, rebuilding, modifying, testing or operating a motor vehicle,
motorcycle, recreational vehicle or powered model vehicle in such
a manner as to cause annoyance to persons across a real property boundary
from the noise source.
H.
No person shall operate or permit the operation of recreational vehicles
on property owned, leased, occupied or otherwise controlled by such
person and/or on a public street or in a public park in such a manner
as to cause excessive or offensive sound levels beyond the boundaries
of the lot, parcel, tract or property on which such use or operation
takes place.
(1)
For the purpose of this section, "excessive or offensive sound
levels" shall mean a noise, detected by a person using his or her
unaided hearing faculties across a real property line or within a
public space, which is loud enough to cause complaints so as to disturb
the peace of the community.
(2)
The term "recreational vehicle" means any and all motorized
vehicles designed or redesigned (whether or not required to be licensed
by the commonwealth) to be used on surfaces other than paved or unpaved
public or private streets, including but not limited to all-terrain
vehicles, trail bikes, dirt bikes, mini-bikes, go-carts, dune buggies,
snowmobiles, quads and the like, regardless of the number of wheels
or lack of wheels. Recreational vehicles shall not include farm equipment
or equipment manufactured for home lawn/garden work or maintenance
or any vehicles which are powered exclusively by electricity (i.e.,
those with noninternal combustion engines).
[Ord. 740, 8/17/2017]
A.
Vehicles, machinery, appliances and equipment or hand tools used
in conjunction with agricultural activities.
B.
The emission of sound for the purpose of alerting persons to the
existence of an emergency.
C.
Emergency work performed to protect public health or safety, including
fire protection, protection from flood or other disasters, and work
performed to provide electricity, water or other public utilities
when public health or safety is involved.
D.
Public gatherings, performances, and the like, for which a permit
has been obtained from the Township.
E.
Warning devices on authorized emergency vehicles and/or required
for safety purposes.
F.
Vehicles, machinery, appliances and equipment used in the case of
an emergency and snow removal.
G.
Operating or permitting the operation of any mechanically powered
saw, drill, sander, grinder, lawn or garden tool or similar device
used out of doors between the hours of 7:00 a.m. and 7:00 p.m.
[Ord. 740, 8/17/2017]
The following activities are hereby declared to be nuisances
and shall be unlawful within the Township of Warminster:
A.
Any person or business entity engaging in any use or activity upon
property which, by reason of odors, fumes, vapors, vibration or dust,
unreasonably interferes with the use, comfort and enjoyment of another's
property or endangers the health or safety of the occupants of another's
property.
[Ord. 740, 8/17/2017]
A.
The Township Code Enforcement Officer, Zoning Officer, Police Department
or other person designated by the Township Manager may issue a summary
citation requiring the abatement of any source of sound or other nuisance
in violation of this Part 3.
B.
The owner or operator of the subject property or equipment shall
be notified of the violation upon hand or certified mail delivery
of a notice of violation, which shall specify the nature, date and
time of the violation and shall direct a time within which the conduct
violating this Part 3 must cease. If a person or entity does not comply
with the notice of violation as directed, a summary citation may be
issued.
C.
Any person or business entity who shall violate any of the provisions
of this Part 3 shall, upon summary conviction thereof, be subject
to punishment by a minimum fine of not less than $100 and a maximum
fine of not more than $1,000, plus costs of prosecution, and, in default
of payment of such fine and costs, by imprisonment in the county jail
for a term not exceeding 90 days.
D.
Each violation of any of the provisions of this Part 3 shall be deemed
a separate and distinct offense, and when a violation continues beyond
the time limit set forth in the notice of violation, it shall be deemed
a separate and distinct offense. When a second and/or subsequent violation
is committed by the same person or entity within any twelve-month
period, the fine shall be double the amount of the previous fine,
up to a maximum fine of $1,000 for each separate and distinct offense.
E.
In addition to the above, the Township may, in its discretion, commence
an appropriate action in equity to abate any continuing violation
of this Part 3.
