1. Immediate Threats to the Safety, Health and Welfare.
A. The Police Department shall have the authority to order the cessation of any sound which exposes any person to continuous levels of sound in excess of those shown on the following table, unless inconsistent with the Pennsylvania Vehicle Code, 75 Pa.C.S.A. § 101 et seq.
B. Any person subject to an order issued pursuant to paragraph .A above shall comply with such order until either the sound is brought into compliance with the order, or the order is judicially superseded.
Continuous Sound Levels Which Pose an Immediate Threat to Health and Welfare (Measured at Receiver) | |
Sound Level Limit (dBA) | Duration (Hours) |
Continuous Sound Levels Which Pose an Immediate Threat to Health and Welfare (Measured at Receiver) | |
Sound Level Limit (dBA) | Duration (Hours) |
85 | 8 |
90 | a |
95 | 2 |
100 | 1 |
105 | ½ |
110 | ¼ |
2. Exemptions.
A. Emergency Exemptions. The provisions of this Part shall not apply to the emission of noise for the purpose of alerting persons to the existence of an emergency or to the emission of noise resulting from the performance of emergency work.
B. Municipal and Utility Services. The provisions of this Part shall not apply to the emission of sound resulting from the construction, maintenance, repair, replacement or improvement of any municipal or utility installations in or about the public right-of-way.
3. Penalties.
A. Any person violating any provision of this Part shall be brought before a magisterial district judge in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. Upon conviction thereof, a violator shall be subject to a criminal fine not to exceed $1,000 per violation plus costs, to a term of imprisonment to the extent allowed by law for the punishment of summary offenses, or to a term of imprisonment for the failure to pay a fine pursuant to the Pennsylvania Rules of Criminal Procedure. A separate offense shall arise for each day or portion thereof in which a violation is found to exist or for each Section of this Code or other ordinance which is found to have been violated. [Ord. 2005-08]
B. The Part and the foregoing penalty shall not be construed to limit or deny the right of the Township or any person to such equitable or other remedies as may be otherwise available.
(Ord. 91-1, 9/9/1991, § 16.53; as amended by Ord. 2005-08, 10/24/2005)