[Added 5-13-1997 by Ord. No. 943; amended 7-12-2016 by Ord. No. 16-1320]
A. Purpose.
(1) The Board of Commissioners, finding that excessive levels by sound are detrimental to the physical, mental and social well-being of the residents as well as to their comfort, living conditions, general welfare, safety and well-being and are therefore a public health and welfare hazard, hereby finds it necessary to provide for the greater control and more effective regulation of excessive sound and the sources of excessive sound within the Township.
(2) This section is intended to prohibit preventable and unnecessary noise and is not intended, nor shall it be construed, to regulate the usual and customary noise incidental to suburban life. This section may be applied to commercial, industrial and institutional establishments, among others, but when so applied to establishments properly located in commercial, industrial or institutional zones, due consideration shall be given to the zone in which the establishment is located. Further, the customary and natural noise incident to the operation of business, industry or other facilities permitted in the area zoned shall be considered so as not to create an undue hardship upon lawful commercial, industrial, institutional or other establishments.
B. Noise disturbance prohibited. Any sound of such frequent repetition, level or duration as to be or tend to be injurious to human health or welfare, or which would unreasonably interfere with the enjoyment of life or property throughout the Township or in any portions thereof, shall constitute a nuisance.
C. Specific acts prohibited. Without in any way limiting the provisions of Subsection A or B above, the following acts, and the causes thereof, are declared to be noise disturbances and therefore in violation of this chapter.
(1) Operating, playing or permitting the operation or playing of any radio, television, phonograph, drum, musical instrument, sound amplifier, automobile radio, automobile stereo, high-fidelity equipment or other device which produces, reproduces or amplifies sound as follows:
(a) At any time in such manner as to cause a noise disturbance across a property boundary line or, from Sunday evening until Friday morning between the hours of 10:00 p.m. and 7:00 a.m., and from Friday evening until Sunday morning (or on the evening of a legal holiday) between the hours of 11:00 p.m. and 8:00 a.m., so as to be plainly audible across a property boundary line;
(b) In such a manner as to create a noise disturbance across a property boundary line 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; or
(c) In such 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.
(2) Yelling and shouting. Engaging in loud or raucous yelling, shouting, hooting, whistling or singing as follows:
(a) On the public streets or property from Sunday evening until Friday morning between the hours of 10:00 p.m. and 7:00 a.m., and from Friday evening until Sunday morning (or on the evening of a legal holiday) between the hours of 11:00 p.m. and 8:00 a.m.; or
(b) At any time or place in such a manner as to create a noise disturbance.
(3) Construction. Operating or permitting the operation of any tool, machinery, appliance or equipment used in construction, drilling, earthmoving, excavation or demolition work which emits noise beyond the premises upon which the tool, machinery, appliance or equipment is being operated or used from Sunday evening until Friday morning between the hours of 9:00 p.m. and 7:00 a.m. and from Friday evening until Sunday morning, and on all legal holidays, between the hours of 9:00 p.m. and 8:00 a.m., except for emergency work. Ambient outdoor temperatures exceeding 90 degrees for three consecutive days during the months of June, July, August and September shall constitute “emergency work,” permitting construction activities to begin at 7:00 a.m. and continue to 10:00 p.m. This subsection shall not apply to the use of domestic power tools subject to Subsection C.(4) hereof.
(4) Domestic power tools. Operating or permitting the operation of any mechanically powered saw, drill, sander, grinder, lawn or garden tool or similar device used outdoors in residential areas from Sunday evening until Friday morning between the hours of 10:00 p.m. and 7:00 a.m., and from Friday evening until Sunday morning (or on the evening of a legal holiday) between the hours of 11:00 p.m. and 8:00 a.m., so as to cause a noise disturbance across a property boundary line, except for emergency work.
(5) Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, liquids, garbage cans, refuse or similar objects or the pneumatic or pumped loading or unloading of bulk materials in liquid, gaseous, powder or pellet form, or the compacting of refuse by persons engaged in the business of scavenging or garbage collection, from Sunday evening until Friday morning between the hours of 10:00 p.m. and 7:00 a.m., and from Friday evening until Sunday morning (or on the evening of a legal holiday) between the hours of 11:00 p.m. and 8:00 a.m., when the sound therefrom creates a noise disturbance across a property boundary line. This subsection shall not apply to municipal or utility services in or about the public right-of-way.
(6) 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, it shall not be a violation if at the time the animal or bird is making such noise a person is trespassing or threatening to trespass upon private property in or upon which the animal or bird is situated or if the animal or bird was caused to make such noise for any other legitimate reason.
(7) Powered model vehicles. Operating or permitting the operation of powered model vehicles so as to create a noise disturbance across a property boundary line from Sunday evening until Friday morning between the hours of 10:00 p.m. and 7:00 a.m., and from Friday evening until Sunday morning (or on the evening of a legal holiday) between the hours of 11:00 p.m. and 8:00 a.m.
(8) Vehicle, motorboat or aircraft repairs and testing. Repairing, rebuilding or testing any motor vehicles, motorcycle, motorboat or aircraft in such a manner as to cause a noise disturbance across a property boundary line from Sunday evening until Friday morning between the hours of 10:00 p.m. and 7:00 a.m., and from Friday evening until Sunday morning (or on the evening of a legal holiday) between the hours of 11:00 p.m. and 8:00 a.m.
(9) Motor vehicles.
(a) Motor vehicles on public rights-of-way. No person shall operate or cause to be operated a motor vehicle or any equipment attached to such vehicle on a public right-of-way, at any time, in such a manner that the sound level emitted by the motor vehicle or any equipment attached to such a vehicle exceeds the level set forth in the Pennsylvania Department of Transportation Regulations.
(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 residence in such a manner as to cause a noise disturbance across a property boundary line.
(c) Unnecessary horn blowing. No person shall at any time sound the horn or other warning device of a motor vehicle while actually driving such vehicle except when absolutely necessary as a warning or in an emergency.
(10) Operating an air-conditioning unit or units and equipment or other types of mechanical equipment or apparatus installed in or attached to buildings or located on premises appurtenant to buildings to make or produce excessive noise, thereby causing annoyance, inconvenience or detriment to the public or to any other person or persons.
(11) Fireworks. Ignition or discharge of fireworks so as to create a noise disturbance across a property boundary line any evening from 10:00 p.m. to 8:00 a.m. the following morning except the evenings of July 4th and December 31st, when fireworks may be discharged until 1:00 a.m. the following morning. [Added 8-25-2020 by Ord. No. 20-1362, § 2]
D. Prima facie violation. Credible testimony in a court of law from five 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 boundary line from the property on which the source of the noise is generated that the generation of prohibited noise as described in Subsections A, B and C above was a disturbance to their use, occupancy and enjoyment of their property shall be prima facie evidence of the generation of a prohibited noise.
E. Exemptions. The following sounds are exempt from the provisions of this chapter:
(1) Emergency work. Sounds caused by the performance of emergency work, or by the ordinary and accepted use of emergency apparatus and equipment, or the generation of sound for the purpose of alerting persons to the existence of an emergency.
(2) Municipal and utility services. Sound resulting from the repair or replacement of any municipal or utility installation in or about the public right-of-way.
(3) Permitted sounds. Any activity which would otherwise cause or constitute a violation of this chapter for which an appropriate permit has been obtained from the Township.
F. Variance conditions.
(1) Any person who owns or operates any stationary noise source may apply to the NCA for a variance from one or more of the provisions of this section. Applications for a permit of variance shall supply information including but not limited to:
(a) The nature and location of the noise source for which such application is made.
(b) The reason for which the permit of variance is requested, including the hardship that will result to the applicant, his/her client or the public if the permit of variance is not granted.
(c) The level, duration and repetition intervals of noise that will occur during the period of the variance.
(d) The section or sections of this chapter for which the permit of variance shall apply.
(e) A description of interim noise control measures to be taken for the applicant to minimize noise and the impacts occurring therefrom.
(f) A specific schedule of the noise control measures that shall be taken to bring the source into compliance with this chapter within a reasonable time.
(2) Failure to supply the information required by the NCA shall be cause for rejection of the application.
(3) A copy of the permit of variance must be kept on file by the NCA for public inspection.
(4) The NCA may charge the applicant a permit fee in the amount set from time to time by the Board of Commissioners to cover expenses resulting from the processing of the permit variance application.
(5) The permit of variance shall extend for a period not to exceed one month at the discretion of the NCA. Permits for longer periods may only be granted by the Board of Commissioners. Any person holding a permit of variance and requesting an extension of time shall apply for a new permit of variance under the provisions of this section.
(6) No variance shall be approved unless the applicant presents adequate proof that:
(a) Noise levels occurring during the period of the variance will not constitute a danger to public health; and
(b) Compliance with this chapter would impose an unreasonable hardship on the applicant without equal or greater benefits to the public.
(7) In making the determination of granting a variance, the NCA shall consider:
(a) The character and degree of injury to or interference with the health and welfare or the reasonable use of property that is caused or threatened to be caused to other persons in the Township;
(b) The social and economic value of the activity for which the variance is sought; and
(c) The ability of the applicant to apply the best practical noise control measures.
(8) No variance shall be granted which would expand the hours set forth herein.
(9) A variance may be revoked by the NCA if there is:
(a) Violation of one or more conditions of the variance;
(b) Material misrepresentation of fact in the variance application; or
(c) Material change in any of the circumstances relied on by the NCA in granting the variance.