[HISTORY: Adopted by the Board of Supervisors of the Township
of North Franklin as indicated in article histories. Amendments noted
where applicable.]
[Adopted 12-8-2010 by Ord. No. 4-2010]
This article shall be known and may be cited as the "North Franklin
Township Noise Ordinance."
The purpose of this article is to reduce avoidable noise within
the community while maintaining prosperous growth and to further establish
what constitutes unacceptable noise. It is hereby declared that the
enactment of this article is necessary for the protection, benefit
and preservation of the health, safety, comfort, peace and welfare
of the inhabitants of North Franklin Township.
As used in this article, the following terms shall have the
meanings indicated:
All sound at a given place, usually a composite of sounds
from many sources near and far.
Any type of nonportable or portable radio, cassette, compact
disc player, DVD, Blu-ray or mp3 player. Also included are devices
installed in a vehicle.
Unit of A-weighted sound level.
Sound levels described in this chapter shall be measured
with a sound level measuring device as defined/determined by the American
National Standards Institute Specifications.
Any noise that is excessive, unnecessary or any noise which
either annoys, disturbs or injures or endangers the comfort, repose,
health, peace or safety of others within the limits of the Township
of North Franklin. Unlawfully loud noise is such noise that is generated
in excess of 65 dB(a) of an A-weighted sound level measured from any
adjoining property line of the source of said noise.
It shall be unlawful for any person, owner or lessee to do the
following:
A.Â
Vehicle horns. Unnecessarily and repeatedly sound the horn of any
vehicle or use any loud signaling device thereon on any street or
public place of the Township except as a danger warning or except
when used on an emergency vehicle or vehicle on an emergency business
use.
B.Â
Audio amplification or reproductive device. To have/play any audio
amplification or reproduction device on any Township street or sidewalk,
in any Township park, on any public conveyance or in any other public
property or private property that emits unlawful noise.
C.Â
Vehicular exhaust. The discharge into the open air the exhaust of
any steam engine, motor boat, or motor vehicle, including motorcycles,
without the use of a muffler or other device which will effectively
prevent loud, explosive and unlawful noises.
D.Â
Vehicular noise. The operation of any excessive, unnecessary and
avoidable noise coming from a motorcycle, trail bike, or other motorized
two-, three-, or four-wheeled vehicle.
E.Â
Noise from vehicles in disrepair. Noise created from a vehicle so
out of repair, so loaded or in any manner that creates loud, unlawful
and unnecessary noise such as grating, grinding, rattling or other
unnecessary noise.
F.Â
Animal noise. Any animal or bird to be kept by a person which causes
frequent, long-continued noise which disturbs the comfort or repose
of any person.
G.Â
Such other noise which could threaten the health, safety, comfort
and welfare of the citizens of the Township of North Franklin.
A person shall be exempt from the aforesaid prohibitions as
follows:
A.Â
If any audio amplification, reproduction device, horn or loud signaling
device is being operated to request assistance or warn of a hazardous
situation;
B.Â
If the device is used on an authorized emergency vehicle or a vehicle
operated by a gas, electric, communication or a water utility;
C.Â
If the device is being used in connection with a parade, political
activity, amusement activity or community event that is being conducted
under any permit issued by the Township and is otherwise in compliance
with all applicable codes of North Franklin Township and the recommended
sound level is not exceeded between the hours of 11:00 p.m. and 7:00
a.m.
D.Â
If noise levels exceeding the lawful sound level emanate from construction,
industry and/or maintenance activities between 7:00 a.m. and 9:00
p.m.
E.Â
If granted an exemption of protected status by the Township Supervisors.
A person may apply for protected status under this chapter if
the activity to be conducted would result in a violation(s) of this
chapter. In order to be granted protected status, the individual must
apply following the conditional use procedures of the Township and/or
any other applicable procedures contained within Township ordinances.
Conduct in violation of this chapter will only be considered exempt
upon approval and the granting of protected status by the Township
Supervisors. Protected status may be reviewed at any time by the Township
Supervisors.
This chapter shall become effective five days after the passage
thereof.
Any person violating this chapter shall, upon conviction by
a court of competent jurisdiction, shall be fined an amount not to
exceed $150 plus costs. Each day of violation shall be considered
an additional violation of this chapter.
This chapter is enacted under the authority of the Second Class
Township Code for the Commonwealth of Pennsylvania. Any previous ordinance
or resolution inconsistent with this chapter is repealed.
