[HISTORY: Adopted by Board of Commissioners
of the Township of Springfield 6-12-1979 as Ord. No. 1010. Amendments
noted where applicable.]
This ordinance may be cited as the "Anti-noise
Ordinance of the Township of Springfield."
Whereas, excessive noise is a serious hazard
to the public health and welfare and the quality of life; and
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Whereas, a substantial body of science and technology
exists by which excessive noise may be substantially abated; and
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Whereas, the people have a right to and should
be ensured an environment free from noise that may jeopardize their
health or welfare or degrade the quality of life; and
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Whereas, the necessity in the public interest
for the provisions and prohibitions hereinafter contained and enacted,
is declared as a matter of legislative determination and public policy
and the provisions and prohibitions hereinafter contained and enacted
are in pursuance of and for the purpose of securing and promoting
the public health, comfort, convenience, safety and welfare and the
peace and quiet of the inhabitants of the Township of Springfield.
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Now, therefore, it is the policy of the Township
of Springfield to prevent noise which may jeopardize the health or
welfare of its citizens or degrade the quality of life.
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All terminology used in this chapter and not
defined below shall be in conformance with applicable publications
of the American National Standards Institute (ANSI) or its successor
body.
As used in this ordinance, the following terms
shall have the meanings indicated:
The sound pressure level of the all encompassing noise associated
with a given environment, being usually a composite of sounds from
many sources and/or the A-weighted sound pressure level exceeded 90%
of the time/L90 based on a one-hour period.
The sound pressure level as measured in decibels on a sound
level meter using the A-weighting network. The level so read shall
be designated dB(A) or dBA.
A steady, fluctuating or impact noise which exists, essentially
without interruptions, for a period of one hour or more.
A steady, fluctuating or impulsive noise which may or may
not contain a pure tone, which varies in sound pressure level such
that the same level is obtained repetitively at reasonably uniform
intervals of time.
A logarithmic (dimensionless) unit of measure often used
in describing the amplitude of sound. Decibel is denoted as "dB."
Any municipal agency.
Any mechanism which is intended to produce or which actually
produces noise when operated or handled.
A motor vehicle used in response to a public calamity or
to protect persons or property from imminent danger.
Work made necessary to restore property to a safe condition
following a public calamity, work to restore public utilities or work
required to protect persons or property from an imminent exposure
to danger.
The sound pressure level of a "fluctuating noise" varies
more than six dB(A) during the period of observation when measured
with the slow meter characteristic of a sound level meter and does
not equal the previously existing ambient noise level more than once
during the period of observation.
Any vehicle which is propelled or drawn by mechanical equipment,
such as but not limited to passenger cars, trucks, truck-trailers,
semitrailers, campers, motorcycles, minibikes, go-carts, snowmobiles,
amphibious craft on land, dune buggies or racing vehicles.
Any apparatus consisting of baffles, chambers of acoustical
absorbing materials, whose primary purpose is to transmit liquids
or gases while causing a reduction in sound emission at one end.
Any sound which is unwanted or which causes or tends to cause
an adverse psychological effect on human beings.
A physical barrier for deflecting, checking or otherwise
regulating the flow of noise.
[Added 9-14-1993 by Ord. No. 1285]
Any sound which annoys, disturbs or perturbs reasonable persons
with normal sensitivities; or any sound which injures or endangers
the comfort, repose, health, hearing, peace or safety of other persons.
Any individual, association, partnership or corporation and
includes any officer, employee, department, agency or instrumentality
of the United States, a state or any political subdivision of that
state.
Any noise for which the information content of that noise
is unambiguously communicated to the listener, such as but not limited
to understandable spoken speech or comprehensive rhythms.
Any powered vehicles, either airborne or landborne, which
are not designed to carry persons or property, such as but not limited
to model airplanes, boats, cars or rockets and which can be propelled
by mechanical means.
Any imaginary line at the ground surface which line separates
the real property owned by one person from that owned by another person
and its vertical extension.
Any street, avenue, boulevard, highway, alley or similar
place which is owned or controlled by a public government entity.
Any noise which can be distinctly heard as a single pitch
or a set of single pitches. For the purposes of measurement, a "pure
tone" shall exist if the one-third octave band sound pressure level
is the band which the tone exceeds the arithmetic average of the sound
pressure levels of the two contiguous one-third octave bands by five
dB for frequencies of 500 hertz and above, by eight dB for frequencies
between 160 and 400 hertz and by 15 dB for frequencies less than or
equal to 125 hertz.
Any noise which is composed of impulsive noises that are
repeated at sufficiently slow rates such that a sound level meter
set at fast meter characteristic will show changes in sound pressure
level greater than two dB(A).
A temporal and spatial oscillation in pressure or other physical
quantity in a medium with internal forces that causes compression
and rarefaction of that medium and that propagates at finite speed
to distant points.
An instrument, which includes a microphone, amplifier, RMS
detector, integrator or time averager, output meter and weighting
networks, used to measure sound pressure levels.
The instantaneous difference between the actual pressure
and the average or barometric pressure at a given point in space.
Any device, excluding those attached to motor vehicles, used
to alert persons engaged in emergency operations. These include, but
are not limited to fire fighters, first aid squad members and law
enforcement officers, whether paid or volunteer.
Any device, fixed or movable, which is located or used on
geographically defined, real property other than a public right-of-way.
A sound pressure level which remains essentially constant
during the period of observation, i.e., the fluctuations are too small
to meet the criterion for fluctuating noise.
Prevailing time.
Springfield Township, Delaware County, Pennsylvania.
It shall be the duty and responsibility of the
Police Department and the Health Officer of the Township of Springfield
to enforce the provisions of this ordinance.
A violation of this ordinance shall be cause
for summons and complaint to be issued forthwith; provided, however,
that if the noise source is not a motor vehicle moving on a public
right-of-way, in lieu of a summons and complaint, enforcement personnel
may issue a notice, in writing, which may be served personally or
by certified mail to the last known address of the person or persons
in charge of or in control of the device, building or premises. The
notice shall state the nature of the violation and a specific time
period for the correction and abatement of the violation. Failure
to comply with the notice so issued shall constitute a violation of
this ordinance.
In order to implement the purposes of this ordinance,
the Police Department and the Health Officer of the Township of Springfield
shall have the following powers:
A.
Studies. To conduct or cause to be conducted studies,
research and monitoring related to noise.
B.
Education. To conduct programs of public education
regarding the cause and effects of noise but not giving specific advice
for its abatement and to encourage the participation of public interest
groups in related public information efforts.
C.
Inspections. For reasonable cause and upon presentation
of proper credentials, to enter any building, property, premises or
place and inspect any noise source for the purpose of ascertaining
the compliance or noncompliance with any provisions of this ordinance,
or have access to and require the production of books and papers pertinent
to any matter under investigation.
D.
Records. To require the owner or operator of any noise
source to establish and maintain records and make such reports as
the township may reasonably prescribe.
E.
Measurements. To require the owner or operator of
any noise source to measure the noise emissions thereof in accordance
with such methods and procedures and at such locations and times as
the township may reasonably prescribe.
It shall be unlawful for any person to make,
continue to cause to be made or continue or cause any excessive or
unusually loud noise or to create a noise disturbance within the limits
of the Township of Springfield.
The following acts, among others, are declared
to be loud, disturbing or excessive noise and/or noise disturbance
in violation of this chapter, but said enumeration shall not be deemed
to be exclusive:
A.
Horns and signaling devices. The sounding of any horn
or signaling device on any motor vehicle except as a danger warning
signal or as provided in the Vehicle Code of the Commonwealth of Pennsylvania.
B.
Radios, television sets and similar devices.
(1)
Operating or permitting the use or operation of any
radio receiving set, musical instrument, television, phonograph, drum
or other device for the production or reproduction of sound in such
manner as to cause a noise disturbance; or
(2)
Operating any such device between the hours of 10:00
p.m. and 7:30 a.m., Monday through Friday, 10:00 p.m. and 8:00 a.m.,
Saturday through Sunday, the following day in such a manner as to
be plainly audible across real property boundaries or through partitions
common to two parties within a building and plainly audible at 50
feet from such device when operated within a motor vehicle parked
on a public right-of-way or on a public space.
[Amended 6-14-2022 by Ord. No. 1622]
C.
Exterior loudspeakers. Using or operating any audible
electronic device or loudspeaker in a fixed or movable position exterior
to any building or mounted upon any vehicle or structure is hereby
prohibited from all commercial or industrial establishments.
[Amended 1-8-1980 by Ord. No. 1027; 6-11-1985 by Ord. No. 1108]
(1)
Interior loud speakers which emit noise levels to any area outside of the building of the commercial or industrial establishment and which exceed the limits set forth in § 77-10 herein shall be prohibited.
[Added 11-14-1989 by Ord. No. 1214]
(2)
Failure to close movable building parts, including, but not limited to, open windows, open garage doors, open hanger doors and other like building parts or any openings which enable noise to escape the structure, in the operation of interior loud speakers, if such continuous opening contributes in any manner to the violation of this section, shall, after notification by the Code Enforcement Officer or other enforcement personnel, be a separate violation subject to the penalties imposed by Article II, General Penalty. § 1-10, Violations and penalties, Subsection A(1), of Chapter 1.
[Added 11-14-1989 by Ord. No. 1214]
D.
Animals. Owning, keeping, possessing or harboring
any animal or animals which, by frequent or habitual howling, barking,
meowing, squawking or other noisemaking shall cause a noise disturbance.
The provisions of this section shall also apply to all private or
public facilities, including any animal pounds which hold or treat
animals.
E.
Loading operations. Loading, unloading, opening or
otherwise handling boxes, crates, containers, garbage cans or other
similar objects between the hours of 6:00 p.m. and 7:30 a.m., Monday
through Friday, 6:00 p.m. and 8:00 a.m., Saturday through Sunday,
the following day in such a manner as to cause a noise disturbance.
[Amended 6-14-2022 by Ord. No. 1622]
F.
Construction noise. Operating or causing to be operated
any equipment used in commercial construction, repair, alteration
or demolition work on buildings, structures, streets, alleys or appurtenances
thereto in any land use category between the hours of 6:00 p.m. and
7:30 a.m. the following day.
[Amended 10-8-1996 by Ord. No. 1323]
G.
Vehicle repairs or testing. Repairing, rebuilding, modifying or testing any motor vehicle, off-road vehicle or motorboat in or near a residential use district in such a manner as to cause a noise disturbance or violate the provisions of § 77-11.
H.
Places of public entertainment. Operating or permitting
to be operated any loudspeaker or other source of sound in any place
of public entertainment which produces a maximum sound pressure level
of 90 dB(A) at any point that is normally occupied by a human being
as read with the slow response on a sound level meter, without a conspicuous
and legible sign located outside such place, near the entrance, stating
"WARNING: SOUND ENVIRONMENT WITHIN MAY CAUSE TEMPORARY HEARING IMPAIRMENT
WHICH MAY BECOME PERMANENT WITH CONTINUED EXPOSURE."
I.
Powered model vehicles. Operating or permitting the operation of powered model vehicles between the hours of 6:00 p.m. and 7:30 a.m., Monday through Friday, 6:00 p.m. and 8:00 a.m., Saturday through Sunday, the following morning. Maximum sound pressure levels during the permitted period of operation shall conform to those set forth in Table I of § 77-10 and shall be measured at the property boundary of the source. Powered model vehicles shall not be operated on public property.
[Amended 6-14-2022 by Ord. No. 1622]
J.
Refuse compacting vehicles. The operating or permitting the operation of any motor vehicle which can compact refuse and which creates, during the compacting cycle, a disturbing noise between the hours of 9:30 p.m. and 7:30 a.m. the following day in any Business District, Shopping Center District, Special Use District or Industrial District, as defined in Chapter 143 of the Code of the Township of Springfield, if an establishment therein abuts within 100 feet of a residentially-zoned property upon which there is a residence building.
K.
Bells and alarms. The sounding or permitting the sounding
of any exterior burglar alarm on any building or motor vehicle unless
such burglar alarm shall terminate its operating within 15 minutes
of its being activated.
L.
Stationary emergency signaling devices. Testing of
only the electromechanical functioning of a stationary emergency signaling
device shall occur at the same time each day that a test is performed,
but not before 7:30 a.m. or after 6:00 p.m., Monday through Friday,
8:00 a.m. or after 6:00 p.m., Saturday through Sunday. Any such testing
shall only use the minimum cycle test time.
[Amended 6-14-2022 by Ord. No. 1622]
M.
Tools. Operating or permitting to be operated any
powered saw, sander, drill, grinder, garden equipment or tools of
like nature, used primarily for domestic purposes, outdoors in residential
zones between one hour after sunset and 7:30 a.m., Monday through
Friday, 8:00 a.m., Saturday through Sunday, the following day.
[Amended 6-14-2022 by Ord. No. 1622]
N.
Motorized parking lot sweepers. The operating or permitting of the operation of any motor vehicle or motor-driven equipment which is designed to collect refuse by rotating broom, vacuum, blower or other method requiring mechanical operation and which creates during the collection cycle or operation a disturbing noise between the hours of 9:30 p.m. and 7:30 a.m. the following day in an E Business District, SC Shopping Center District, SU Special Use District or F Industrial District, as defined in Chapter 143 of the Code of the Township of Springfield.
[Added 4-11-1989 by Ord. No. 1199]
O.
Idling motor vehicle engines.
[Added 12-10-1991 by Ord. No. 1254]
(1)
Operating or permitting the operation of a commercial motor vehicle engaged in the process of loading or unloading (or standing or parked in anticipation thereof or following the same) and allowing the engine of the motor vehicle to idle, or otherwise run unnecessarily when vehicle is standing motionless (even though the noise generated may measure less than provided by § 77-10 of Chapter 77). An exception is made for a motor vehicle which uses its engine as the main source of power for adjunct refrigeration equipment designed for the preservation of food products being delivered.
(2)
In areas of the Township of Springfield zoned E Business District, SC Shopping Center District, SU Special Use District or F Industrial District, as defined in Chapter 143, Zoning, of the Code of the Township of Springfield, the property owner or lessee, or their representative or agent, of property located therein, which requires motor vehicle loading or unloading at their place of business or establishment shall provide a sign which shall be posted and maintained where the motor vehicle operator may readily see it, which shall inform the vehicle operator of the requirements of this ordinance. Said sign shall be between a minimum of 300 square inches and a maximum of 400 square inches in area and of durable construction and shall be, for the purpose of this ordinance, considered a governmental sign, as provided in Chapter 143, § 143-101C(2), for which a permit is not required. Such real property owner, lessee or their representative or agent in violation of the provisions hereof shall be subject to the penalty provision hereof.
P.
All air conditioners, refrigeration units, compressors, heat pumps or air-handling mechanical devices in nonresidential districts which exist or are to be installed shall be provided with a noise baffle designed to eliminate any audible noise from the operating equipment from reaching abutting residential property boundaries. In this requirement, the provisions of § 77-10, entitled "Maximum permissible continuous sound pressure levels," shall not be applicable. Existing equipment must be modified to meet this requirement upon receipt of complaints or when the property changes ownership and/or a new certificate of occupancy, as required by Chapter 20, is requested. The noise baffle shall be constructed and installed in accordance with applicable township ordinances. Once installed, the noise baffle shall be maintained to preserve the integrity of the noise baffle.
[Added 9-14-1993 by Ord. No. 1285]
A.
It shall be unlawful for any person to operate or
permit to be operated any stationary source of noise in such a manner
as to create a sound pressure level which exceeds the limits set forth
for the receiving land use (Land Use Category) in Table I below when
measured at the property boundary. When a noise source can be identified
and its noise measured in more than one land use category, the limits
of the most restrictive use shall apply at the boundaries between
different land use categories.
B.
For any source of sound which emits a pure tone or
impulsive sound, the maximum sound level limits set forth in Table
I shall be reduced by five dB(A).
[Amended 6-14-2022 by Ord. No. 1622]
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Table I
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Receiving Land Use Category*
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Time
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Sound Pressure Level Limit
[dB(A)]
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A, B, C Residence District
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7:30 a.m. to 10:00 p.m., Monday through Friday;
8:00 a.m. to 10:00 p.m., Saturday through Sunday |
55
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D Apartment Districts
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10:00 p.m. to 7:30 a.m., Monday through Friday;
10:00 p.m. to 8:00 a.m., Saturday through Sunday
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50
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E Business Districts
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At all times
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60
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SC Shopping Center Districts
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At all times
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60
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SU Special Use Districts
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At all times
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60
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F Industrial Districts
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At all times
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65
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*NOTE: As provided in Chapter 143 of the Code.
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No person shall operate a motor vehicle on a public right-of-way at any time in such manner that the sound pressure level emitted by said vehicle exceeds the levels set forth in Table II when measured at the location established by § 77-13. This section shall apply to all motor vehicles, whether publicly or privately owned, that are duly licensed.
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Table II
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Sound Pressure Level [dB(A)]
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Speed Limit
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Speed Limit
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Vehicle Class
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35 mph or less
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35 mph or more
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Federally registered interstate motor carrier
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86
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90
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All other motor vehicles with manufacturer's
gross vehicle rating of 10,000 pounds or more, and any combination
of vehicles towed by such motor vehicle
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92
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96
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Motorcycles
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88
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92
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Any other motor vehicle and any combination
of vehicles towed by such motor vehicle
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82
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88
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For the purpose of § 77-11, the standard measurement height shall be four feet (1.2 meters) and the standard horizontal measurement distance from the center line of the traffic lane being monitored shall be 50 feet (15 meters). Whenever it is not feasible to use 50 feet, the distance may be shortened to 25 feet (7.5 meters), in which case the values of Table II of § 77-11 shall be increased by six dBA.
No person shall operate or cause to be operated any motorized vehicle off a public right-of-way in such a manner that the sound pressure level therefrom exceeds those stated in Table I of § 77-10 when measured at the property line. Recreational motorized vehicles shall not be operated in public parks.
A.
Noise caused in the performance of emergency work
for the immediate safety, health or welfare of the community or individuals
of the community or to restore property to a safe condition following
a public calamity shall not be subject to the provisions of this ordinance.
Nothing in the section shall be construed to permit law enforcement,
ambulance, fire or other emergency personnel to make excessive noise
in the performance of their duties when such noise is clearly unnecessary.
The use of stationary emergency signaling devices shall be for emergency
use only.
B.
The Board of Commissioners may grant specific and
temporary exceptions to the provisions of this ordinance upon receipt
of a written application requesting such exception. The application
shall state the nature of the violation and the reason for the request.
No exceptions shall be granted for a period exceeding one year from
the date of the request. Any person affected by any noise source for
which an application for exception has been filed may also submit
information to the Board of Commissioners in favor of or in opposition
to the proposed exception. Notice of requests for exceptions shall
be advertised in a local newspaper of general circulation and persons
residing within 200 feet of the location of the exception shall be
notified by certified mail of the request. A public hearing shall
be held within 30 days of receipt of the request and a decision rendered
by the Board within 30 days of the hearing.
[Added 12-10-1991 by Ord. No. 1254]
Failure of any person to comply with the sections of this ordinance shall constitute an offense punishable under the provisions of Chapter 1, Article II, as amended, of the Code of the Township of Springfield.
[1]
Editor's Note: Former § 77-15, Violations
and penalties, was repealed 4-21-1987 by Ord. No. 1156.
The operation or maintenance of any noise source
in violation of any provision of this ordinance shall be deemed and
is declared to be a public nuisance and may be subject to abatement
summarily by a restraining order or injunction issued by a court of
competent jurisdiction or in any other manner available for the abatement
of public nuisances.
A.
Any remedy available pursuant to this ordinance shall
be considered separate and not exclusive of any other remedy available
hereunder.
B.
Nothing in this ordinance shall be construed to impair
any cause of action or legal remedy therefor of any person for injury
or damage arising from any violation of this ordinance.
[1]
Editor's Note: Former § 77-19, Expiration
date, was repealed 5-13-1980 by Ord. No. 1030.
