[HISTORY: Adopted by the Board of Supervisors
of the Township of Exeter 3-29-1993 by Ord. No. 341B; amended in its entirety 8-10-2020 by Ord. No. 834. Subsequent amendments noted where applicable.]
A.
The Board of Supervisors finds that excessive levels of sound are
a public health and welfare hazard, being 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. Therefore,
the Board of Supervisors 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 Exeter.
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. Words, terms and phrases used in this chapter that are defined in Chapter 390 of the Code that are not defined in this § 257-2 shall have the meanings set forth in Chapter 390, except when the context clearly indicates a different meaning. All terminology used in this chapter, not defined in this § 257-2 or in Chapter 390, shall have the meanings set forth in publications of the American National Standards Institute (ANSI and its revisions) or its successor body, applicable to sound and noise.
Any motorized off-road recreational vehicle capable of cross-country
travel on land, snow, ice, marsh, swampland or other natural terrain,
including but not limited to go-karts and multitrack, multiwheel or
low-pressure-tire vehicles or similar two-wheel, three-wheel, four-wheel
or belt-driven vehicles, or an amphibious machine. The definition
of ATV excludes golf carts, construction machines, utility vehicles
used for business operations, agriculture, yard work, landscaping,
snow removal or otherwise being used in the reasonable maintenance
of a person's private property, or motorized vehicles being used
for law enforcement, fire, emergency, military or other authorized
governmental purposes.
The all-encompassing noise associated with a given environment,
being 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, development
and improvement of real property; any man-made change to improved
or unimproved land.
A unit for measuring the sound pressure level.
A motorcycle with tires and suspension designed and built
for riding on unpaved roads and over rough terrain. The definition
of "dirt bike" shall also include minibikes or any similar type of
motorized bike.
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.
Any sound which annoys or disturbs humans or which causes
or tends to cause an adverse psychological or physiological effect
on humans. Any sound that is loud, unpleasant, unexpected or undesired
to a reasonable person of normal sensitivities.
Any sound not exempt from this chapter as provided in § 257-8, which:
Endangers, would endanger, or is likely to endanger or injures,
would injure or is likely to injure the safety or health of humans
or animals;
Annoys, would annoy or is likely to annoy or disturbs a reasonable
person of normal sensitivities;
Endangers, would endanger or is likely to endanger or injures,
would injure or is likely to injure personal or real property;
Exceeds the sound level limits established in § 257-7 of this chapter; or
Is prohibited by § 253-4 or 253-5 of this chapter.
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 landborne plane,
vessel or vehicle which is not designed to carry persons or property,
including, but not limited to, any model airplane, boat, car or rocket.
The boundary between adjacent real property and, in the case
of dwelling units, the wall, floor and or ceiling separating dwelling
units. In the circumstances of any two or more buildings sharing one
lot, the line drawn midway between any two such buildings. All areas
devoted to a right-of-way or a common or shared area shall be deemed
to be across the property line.
Any real property, or structures thereon, which is owned
or controlled by a governmental entity.
Any sound which can be heard as a single pitch or a set of
single pitches. For the purpose of this chapter, a pure tone shall
exist if the 1/3 octave band sound pressure level in the band which
the tone exceeds the arithmetic average of the sound pressure levels
of the two contiguous octave bands by five dB for center frequencies
of 500 Hz and above and by eight dB for center frequencies between
160 and 400 Hz and by 15 dB for center frequencies less than or equal
to 125 Hz.
All land, whether publicly or privately owned, whether improved
or not improved, with or without structures, exclusive of any areas
devoted to a right-of-way.
Any real property within the Agricultural Preservation, Rural Conservation, Rural, Suburban Residential - 0, Suburban Residential - 1, Suburban Residential - 2, Suburban Residential - 3, and Urban Residential Zoning Districts (as designated by Chapter 390 of the Code and the Township Zoning Map), as well as any real property that shares a property line (boundary) with or is across a right-of-way from a real property which is used for residential purposes.
Any public or private street, avenue, boulevard, highway,
sidewalk, alley or similar place which is used for vehicular or pedestrian
traffic.
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 American National Standards Institute Specifications
for Sound Level Meters (ANSI 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
as specified in ANSI. The manufacturer's published indication
of compliance with such specifications shall be prima facie evidence
of such compliance.
The land use districts established by Chapter 390, Zoning, of the Code of the Township of Exeter, and all subsequent amendments.
No person shall make, continue or cause to be made or continued
any noise disturbance, nor shall any person owning or occupying any
real property suffer, allow or permit any noise disturbance to be
made or continued from or at such real property.
The following acts, and the causing thereof, are declared to be noise disturbances and therefore in violation of this chapter. Committing or causing any of the following acts is a strict liability offense and is unlawful regardless of the sound level of the noise and whether or not the sound level exceeds the limits set forth in § 257-7.
A.
Radios, television sets, musical instruments and similar devices.
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:
(1)
Between the hours of 10:00 p.m. and 7:00 a.m. the following day so
as to be 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 a distance of 50 feet from such device, whichever
is less, when the device is operated in or on a motor vehicle, or
hand-carried, on a 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 operations. Engaging in construction operations:
(1)
Between the hours or 10:00 p.m. and 7:00 a.m. the following day on Monday through Saturday, or at any time on Sundays or holidays recognized by Berks County; provided, however, construction operations conducted on residential properties by the owner or occupant of the residential property may be conducted on Sundays and holidays, but subject to the limitations in Subsection C(2) hereinbelow;
(2)
Between the hours of 7:00 a.m. and 10:00 p.m. the same day such that
the sound level at or across a property line (boundary) exceeds 85
dB(A) for a period of a total of 60 minutes during a single day.
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 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. the following day on any day except in
an emergency.
E.
Loading and unloading. Loading, unloading, opening, closing or other
handling of boxes, crates, containers, personal property, building
materials, garbage cans or similar objects between the hours of 10:00
p.m. and 7:00 a.m. the following day in a residential area. Such restrictions
shall also apply to truck idling operation of truck refrigerators,
movement of trailers to and from loading docks, opening and closing
of truck trailer doors, opening and closing of loading dock doors
and movement of loading ramps and plates.
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 property line (boundary).
H.
All-terrain vehicles and dirt bikes. Operating or permitting the
operation of an all-terrain vehicle or dirt bike so as to create a
noise disturbance across a property line (boundary) and/or operating
or permitting the operation of an all-terrain vehicle or dirt bikes
in a residential area on Sundays through Thursdays between the hours
of the earlier of 7:00 p.m. or dusk; and 9:00 a.m. the following day;
and on Fridays and Saturdays between the hours of the earlier of 7:00
p.m. or dusk; and 12:00 noon the following day. All ATVs and dirt
bikes operated in the Township shall be equipped with a muffler or
other effective noise-suppressing system in working order and in constant
operation. A muffler, noise-suppressing system or exhaust system shall
not be equipped with a cutout, bypass or similar device.
I.
Street sales. Offering for sale or selling by shouting or outcry,
or by any other amplified or unamplified sound.
J.
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 intentional moving or rendering inaccurate or inoperative of
any sound monitoring instrument or device positioned by or for the
Police Department, provided such device or the immediate area is clearly
labeled in accordance with noise control regulations to warn of the
potential illegality.
(3)
The use of a product which has had a muffler, sound dissipative device,
element of design or noise label removed or rendered inoperative,
with knowledge that such action has occurred.
K.
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 property line
(boundary).
Committing or causing any of the following acts is a strict liability offense and is unlawful regardless of the sound level of the noise and whether or not the sound level exceeds the limits set forth in § 257-7.
A.
Motor vehicle and motorcycles on a right-of-way. No person shall
operate or cause to be operated a public or private motor vehicle
or motorcycle, an ATV or dirt bike registered and lawfully operated
on a right-of-way, or any equipment attached to such a vehicle, on
a 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 67 Pa. Code Chapter 157,
Established Sound Levels.
B.
Standing motor vehicles. 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 residential property line (boundary)
in such a manner as to cause a noise disturbance across a residential
property line (boundary).
C.
Unnecessary horn blowing. No person shall at any time sound the horn
or other warning device of a 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.
A.
A sound or noise constitutes a noise violation if the sound or noise annoys or disturbs a reasonable person of normal sensitivities. A noise violation may occur pursuant to this Subsection A regardless of the sound level of the noise and whether or not the sound level exceeds the limits set forth in § 257-7.
B.
The noise prohibited in §§ 257-3 through 257-5 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 dwelling units, including dwelling units located within the same building and/or 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.
A.
Maximum permissible sound levels by real property use. No person
shall operate or cause to be operated any source of sound in such
a manner as to create a sound level which exceeds the limits set forth
in Table I when measured at or across the property line (boundary)
from the noise source. Any sound source that produces sound in excess
of those levels shall constitute a noise disturbance.
|
Table I
| ||
|---|---|---|
|
Sound Level Limit
dB(A)
| ||
|
Use of the Property on which the Source of the Noise is Located
|
7:00 a.m. to 10:00 p.m. the same day
|
10:00 p.m. to 7:00 a.m. the following day
|
|
Residential
|
60
|
57
|
|
Commercial
|
76
|
73
|
|
Industrial
|
77
|
77
|
B.
When exceeded. The sound level limits set forth in Table I shall
be exceeded when any one or more of the following occur:
(1)
The sound at any one point in time exceeds the established use limits
in Table I by a measured sound level of 15 dB(A); or
(2)
The sound exceeds any of the established use limits in Table I by
a measured sound level of 10 dB(A) for a cumulative total of one minute
or more out of any ten-minute period; or
(3)
The sound exceeds, except for industrial uses, any of the established
use limits in Table I by a measured sound level of three dB(A) continually
for a period of five minutes, or total of five minutes out of any
ten-minute period.
C.
Ambient sound. If background ambient sound levels in an area of suspected
noise disturbance exceed the levels set forth in Table I, then the
sound level of the intrusive sound source shall be measured with the
ambient sound level being substituted as the Table I sound level limit
set forth in Table I above.
D.
Where measured. For the purposes of this section, sound shall be
measured at or beyond the property line (boundary) of the property
on which the noise source is located.
E.
Pure tone and impulsive sound. For any source of sound which emits
a pure tone or impulsive sound, the level set forth in Table I shall
be reduced by five dB(A).
F.
Measuring instruments. All sound measurements shall be made on a
sound level meter calibrated in the manner required by the manufacturer's
specification.
G.
Exemptions from sound level limits. The provisions of this section
shall not apply to:
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. Such blasting may occur
only between the hours of 9:00 a.m. and 4:00 p.m., Monday through
Friday, unless specifically authorized by permit.
C.
Concerts, etc. Band concerts, 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; emergency service providers. 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, including training
activities.
E.
Municipal and utility services. Sounds resulting from the repair
or replacement of any municipal or utility installation in or about
the 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.
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.
This chapter shall be enforced by the Exeter Township Police
Department.
A.
A violation of this chapter shall be a strict liability offense.
B.
Exeter Township Police Department officers are authorized to make
an initial determination of a violation of and to enforce the provisions
of this chapter.
C.
A violation of this chapter shall be subject to summary enforcement
proceedings under the Pennsylvania Rules of Criminal Procedure. A
person found guilty of a summary offense before a District Justice
shall be sentenced to pay a fine of not more than $1,000 per violation.
Upon default in payment of a fine or costs, the person found guilty
may be subject to a term of imprisonment up to the maximum allowed
by law for a summary offense. Each day that a violation continues
or each section of this chapter that is found to be violated shall
be considered a separate violation and offense.
D.
All persons convicted of violating this chapter shall also pay the
costs of prosecution.
E.
Any person who violates any provision of this chapter may also be
subject to civil proceedings for damages and/or injunctive relief
instituted by the Township of Exeter or by any property owner and
any entity injured or damaged by such violation.
F.
Both criminal and civil proceedings may be commenced against a person
violating this chapter and commencement of any such proceedings shall
not constitute an election of remedies preventing the commencement
of the other proceedings against such person.
