[HISTORY: Adopted by the Board of Supervisors of the Township
of Athens 12-18-2019 by Ord. No. 2019-05. Amendments noted where applicable.]
The purpose of this chapter is to prohibit excessive levels
of sound which are deemed detrimental to the physical, mental and
social well-being of the people of Athens Township, as well as to
their comfort, living conditions, general welfare and safety and to
promote greater control and more effective regulation of excessive
sound and the sources of excessive sound within the Township of Athens.
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section:
The all-encompassing noise associated with a given environment,
being usually a composite of sounds from any 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.
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.
A device designated or used for decreasing or abating the
level of sound escaping from an engine or machinery system.
Any sound which annoys or disturbs humans or which causes
or tends to cause an adverse psychological or physiological effect
on humans.
Any sound which:
Any individual, association, partnership or cooperation,
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 to corporations, the
officers and managers thereof or any of them.
Any self-propelled airborne, waterborne or landborne plane,
vessel or vehicle, which is not designed to carry persons, including,
but not limited to, any model airplane, boat, car or rocket.
Any street, avenue, boulevard, highway, sidewalk, alley or
similar place which is owned or controlled by a governmental entity.
Any real property or structure thereon which is owned or
controlled by a governmental entity.
An imaginary line drawn through the points of contact of
adjoining 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 such
buildings. All areas devoted to public rights-of-way shall be deemed
to be across the property line. For the purpose of this regulation,
the property line includes all points on a plane formed by projecting
the property line manner deemed appropriate by the enforcing police
officer.
All land, whether publicly or privately owned, whether improved
or not improved, with or without structures, exclusive of any areas
devoted to public rights-of-way.
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 land use districts established by the Zoning Ordinance
of the Codified Ordinances, and all subsequent amendments.
No person shall make, continue or cause to be made any noise
disturbance, nor shall any person suffer, 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.
The following acts are illustrative, but not exhaustive, of
the types of acts declared to be noise disturbances and therefore
in violation of this chapter:
A.
Radios, television sets, musical instruments and similar devices.
Operating, playing or permitting the operation 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)
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).
(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.
(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 or
a common carrier.
C.
Construction, tools or equipment. Operating or permitting the operation
of any tools or equipment used in commercial 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 real 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,
snowblower, or similar device used outdoors in residential areas between
the hours of 10:00 p.m. and 7:00 a.m. so as to cause a noise disturbance
across a residential property line (boundary) except in an emergency.
E.
Loading and unloading. Loading, unloading, opening, closing or other
handling of boxes, crates, containers, building materials, garbage
carts 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).
F.
Animals and birds. Owning, possessing, harboring or controlling any
animal or bird which howls, barks, meows, squawks or makes other sounds
continuously and/or incessantly for a period of 10 minutes or makes
such noise intermittently for 1/2 hour or more to the disturbance
of any person at any time of the day or night, regardless of whether
the animal or bird is situated in or 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 for any other legitimate
cause which teased or provoked the animal or bird.
G.
Powered model vehicles. Operating or permitting the operation of
powered model vehicles so as to create a noise disturbance across
a residential property line (boundary) between the hours of 10:00
p.m. and 7:00 a.m.
H.
Street sales. Offering for sale or selling by shouting or outcry
or by any other amplified or unamplified sound within any residential
or commercial area of the Township, except between the hours of 7:00
a.m. and 10:00 p.m.
I.
Tampering. The following acts or the causing thereof are prohibited:
(1)
The removal or rendering inoperative by any person other than for
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 label removed or rendered inoperative,
with knowledge that such action has occurred.
J.
Vehicle, motorboat 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 residential
real property line (boundary).
K.
Fireworks/incendiary device.
(1)
No person shall discharge fireworks, firecrackers, sparklers or other
pyrotechnics in any public or private place except as authorized by
state law.
(2)
Except between the dates of June 30 and July 8, no person shall discharge
for display or otherwise fireworks, firecrackers, sparklers or other
pyrotechnics within the Township of Athens without first obtaining
a permit from the Athens Township Chief of Police.
L.
Explosives. No person shall discharge any explosives, hand grenades,
Molotov cocktails, Tannerite, or any incendiary of any kind or nature
within the geographic limits of the Township of Athens, except such
explosives that may be used in excavation and construction projects
under the supervision of qualified personnel.
No person shall operate or cause to be operated a public or
private motor vehicle or motorcycle, or any equipment attached to
such a vehicle, on a public right-of-way at any time in such a manner
that the sound level emitted by the motor vehicle or motorcycle, or
any equipment attached to such a vehicle, exceeds the level set forth
in Title 67 Pa.Code, Chapter 450, Established Sound Levels. Further,
no person shall operate or permit the operation of any motor vehicle
or any auxiliary equipment attached to such a vehicle for a period
longer than 15 minutes in any hour while the vehicle is stationary,
for reasons other than traffic congestion, anywhere within 150 feet
of any residence in such a manner as to a cause a noise disturbance
across a residential property line (boundary).
No person shall at any time sound the horn or other warning
device of any vehicle, except when absolutely necessary as a warning,
while actually driving such vehicle or unless necessary in the testing
of such for state inspection purposes.
No person shall operate amplifying equipment mounted on or attached
to any motor vehicle at any time in such a manner as to exceed the
maximum permissible motor vehicle noise emissions.
A.
The noise from any of the acts prohibited herein 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 and condominiums, 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.
B.
This is not the exclusive example of a prima facie violation.
Any person, firm or corporation 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.
