[Adopted 7-25-2017 by Ord. No. 2017-15]
This article shall be known as the "Millcreek Township Noise
Control Ordinance."
This article is enacted pursuant to the Second Class Township
Code.[1]
[1]
Editor's Note: See 53 P.S. § 65101 et seq. and 53
P.S. § 55101 et seq.
The purpose of this article is to ensure that the public health,
safety, welfare shall not be abridged by the making and creating of
noise pollution or of public nuisances from disturbing, excessive,
or offensive noises in Millcreek Township. The residents of Millcreek
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 article to provide regulations
prohibiting offensive noises. These regulations and prohibitions are
intended to protect the physical, mental, and social well-being of
the residents of Millcreek Township.
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
The sound-pressure level, in decibels, as measured on a sound-level
meter using the A-weighting network. The level so read is designated
dB(A).
The all-encompassing sound associated with a given environment,
usually a composite of sounds from many sources near and far.
The erection, repair, renovation, demolition or removal of
any building or structure and the excavation, filling, grading and
regulation of lots in connection therewith.
A unit for measuring the sound-pressure level, equal to 20
times the logarithm to the base of 10 of the ratio of the pressure
of the sound measured to the reference pressure, which is 20 micropascals
(20 micronewtons per square meter).
Any work performed for the purpose of preventing or alleviating
the physical trauma or property damage threatened or caused by an
emergency.
Any work done with or without equipment like lawnmowers,
hedge trimmers, weed whackers, etc., to care for, improve, alter,
or maintain the grounds and/or greenspaces on or part of a property.
As defined in Section 102 of the Pennsylvania Motor Vehicle
Code (75 Pa.C.S.A. § 102).
As defined in § 40-50A.
Any individual, association, limited-liability company, 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, "person"
includes the individual members, partners, officers and managers,
or any of them, of partnerships and associations and, as for corporations,
the officers and managers thereof or any of them. This term shall
be broadly interpreted to be inclusive.
Millcreek Township Police Department.
Any imaginary line drawn through the points of contact of
lands, apartments, condominiums, townhouses and duplexes owned, rented
or leased by different persons; a demarcation or a line of separation
of properties; and, also, for any two or more buildings sharing common
grounds, the line drawn midway between any two said buildings. All
areas devoted to public rights-of-way shall be deemed to be across
the property line. For the purpose of this definition, the property
line includes all points on a plane formed, by projecting the property
line in a manner deemed appropriate by the enforcing officer.
Any street, avenue, boulevard, highway, sidewalk, alley or
similar place which is owned or controlled by a governmental entity.
An oscillation in pressure, particle displacement, particle
velocity or other physical parameter, in a medium with internal forces
that causes compression and rarefaction of that medium, or the superposition
of such propagated oscillation which evokes an auditory sensation.
The description of sound may include any characteristics of such sound,
including duration, intensity and frequency.
The weighted sound-pressure level obtained by the use of
a sound-level meter and frequency weighting network, such as A, B
or C, as specified in the American National Standards Institute specifications
for sound-level meters (ANSI S1.4-1971, or the latest revision thereof).
If the frequency weighting employed is not indicated, the A-weighting
shall apply.
An instrument which includes a microphone, amplifier, RMS
detector, integrator or time average, output meter and any applicable
weighting network used to measure sound-pressure levels which meets
or exceeds the requirements for a Type I or Type II sound-level meter
as specified in ANSI Specifications S1.4-1971. The manufacturer's
published indication of compliance with such specifications shall
be prima facie evidence of such compliance.
Millcreek Township, Erie County, Pennsylvania.
The land use districts established by Chapter 145 of the Millcreek Township Code of Ordinances.
A.Â
Noise disturbance. No person shall cause or create a sound that exceeds
the decibel levels in Table I in either of the following manners:
(1)Â
The sound at any one moment in time exceeds any of the established
limits in Table I by a measured sound level of 15 dB.
(2)Â
Any sound generated within a residential district that exceeds the
applicable decibel limit in Table I by a measured sound level of five
dB for a period of 10 continuous minutes or a total of 10 minutes
out of any twenty-minute period.
B.Â
Table I
[Amended 8-8-2023 by Ord. No. 2023-6]
|
Sound Level By Zoning Districts
| |
|---|---|
|
Note: "Residential day" is from 7:00 a.m. to 10:00 p.m. and
"residential night" is from 10:00 p.m. to 7:00 a.m. All levels should
be measured without passing traffic sound in the foreground.
| |
|
Location
|
Acceptable Sound Level
[db(A)]
|
|
Residential day/residential night (CR, R-1, R-2, and R-3)
|
57/52
|
|
Commercial (C-1, C-2, C-3, MU-1, MU-2, and PI)
|
67
|
|
Industrial (I-1 and I-2)
|
77
|
C.Â
Ambient sound. In the event that the background ambient sound levels
in an area of suspected noise disturbance exceed the levels set forth
in Table I, the ambient background sound level shall be substituted
at the Table I sound-level limit to determine whether the sound exceeds
the limits established in Table I.
D.Â
Applicable standard. The sound level to be applied to any noise source
shall be the level specified for the zoning district of the property
on which the noise source is located.
E.Â
Measuring instrument. All sound measurements shall be made on a sound-level
meter or other electronic device capable of measuring sound, including
a mobile smart phone. Such device shall be calibrated on an annual
basis or such other shorter time period as determined by the Police
Department to ensure the proper measurement of the device.
The following sounds are exempted from the provisions of this
chapter:
A.Â
Preapproved events: sounds coming from properties hosting events
which have been approved or issued a permit by the Township so long
as the event complies with all the terms and conditions of said permit.
C.Â
Landscaping activity: sounds coming from landscaping activity between
the hours of 7:00 a.m. and 9:00 p.m. or until sunset, whichever occurs
first.
D.Â
Emergency work: sounds caused by the performance of emergency work
or by the ordinary and accepted use of emergency apparatus and equipment.
Snow removal shall be considered emergency work.
E.Â
Government and utility services: sounds resulting from the repair
or replacement of any government or utility installation in or about
the public right-of-way; utility services shall include the Township
trash collection program through its contracted bid.
F.Â
School and Township activities, including, but not limited to, sounds
created by organized school-related programs, activities, entertainment
events and athletic events, including amplified announcements at athletic
events.
G.Â
Operation of motor vehicles: sounds caused by the use, operation,
or control of a motor vehicle on public rights-of-way; provided, however,
that sounds emanating from stereos, radios, or from the persons inside
of motor vehicles on public rights-of-way are not covered by this
subsection and may constitute a noise disturbance per this article.
The exemption of this subsection does not extend to motor vehicles
located on private properties as opposed to those on public rights-of-way.
Moreover, nothing contained in this subsection shall conflict with
any provision of the Pennsylvania Vehicle Code (75 Pa.C.S.A. § 101
et seq.), including Section 4523 of the Pennsylvania Vehicle Code
dealing with noise controls of mufflers and other exhaust systems.
In the event of any conflict between the Pennsylvania Vehicle Code
and this article, the Pennsylvania Vehicle Code shall prevail.
A.Â
Violation. It shall be unlawful and a violation of this article for
any person to commit a noise disturbance.
B.Â
Authority for enforcement. This article shall be enforced by the
Police Department.
C.Â
Abatement of noise disturbance. Upon receiving direction from the
Police Department to cease any and all noise disturbances, the person
causing the noise disturbance shall immediately stop such noise disturbance
and shall not reinitiate the noise disturbance. Failure to abate the
noise disturbance after being instructed to do so will be treated
as an additional violation of this article subject to separate and
additional fines, costs and penalties. Nothing in this article shall
be construed as limiting the ability of the Police Department to take
other legal action against the person who fails to comply with the
direction under this section.
D.Â
Procedure for enforcement.
(1)Â
Complaints by persons. Any person may make a complaint pursuant to
this article by contacting the Police Department and providing details
as to the location and nature of the alleged noise disturbance. The
Police Department shall promptly investigate and follow up on any
complaint made by a person pursuant to this subsection. Upon corroboration
by the Police Department, the person responsible for causing the noise
disturbance may be cited by the Police Department and subject to the
fines and penalties as outlined in this article. The Police Department
in its discretion may issue a warning prior to issuing any citation.
For the purpose of this section, for compliance purposes, whether
the sound is a noise disturbance shall be determined and/or measured
at the property line (boundary) of the property on which the individual
making the noise complaint resides or conducts business that is nearest
to the source of the alleged noise disturbance.
(2)Â
Police-initiated enforcement. The Police Department shall, on its
own initiative, be empowered to investigate and follow up on any alleged
noise disturbance. Upon determining a person has caused or is causing
a noise disturbance, the person may be cited by the Police Department
and subject to the fines and other civil and/or criminal penalties
as outlined in this article. The Police Department in its discretion
may issue a warning prior to issuing any citation. For the purpose
of this section, for compliance purposes, whether the sound is a noise
disturbance shall be determined and/or measured at the property line
(boundary) of the property from which the source sound is emanating.
(3)Â
In accordance with the Second Class Township Code,[1] violations of this article are treated as summary offenses
and enforcement of this article shall be brought before a district
justice in the same manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure. This
article may also be enforced by an action in equity brought in the
Erie County Court of Common Pleas.
[1]
Editor's Note: See 53 P.S. § 65101 et seq. and 53
P.S. § 55101 et seq.
E.Â
Penalties. Any person who violates any provisions of this chapter shall, upon conviction thereof in a summary proceeding, be fined for a first offense, a minimum of $100 and a maximum of $300 plus all costs and attorneys' fees incurred by the Township; for a second and all subsequent offenses, a minimum of $300 and a maximum of $600 plus all costs and attorneys' fees incurred by the Township. All costs and attorneys' fees shall be recovered in accordance with Chapter 48 of the Millcreek Code. In all actions, the determination of the number of offenses shall be calculated for a one-year period, commencing on the date of the first violation. All fines and penalties collected for violations of this chapter shall be paid over to the Township Treasurer.
