The following is the 4/20/01 draft of the noise ordinance under consideration for Maidencreek Township. I have highlighted areas of the text in red that are of greater interest (check section 6.01) For your reference, a normal conversation with a couple of your friends would have the noise meter bouncing between 50 and 60 dB. This ordinance has the possibility of affecting our lives in Maidencreek more than the re-zoning of the Schaeffer farm. This ordinance is draconian even by retirement community standards. There should be large interest in this ordinance.
- Roy Timpe
MAIDENCREEK TOWNSHIP NOISE ORDINANCE
ORDINANCE No.
AN ORDINANCE OF THE TOWNSHIP OF MAIDENCREEK,
BERKS COUNTY, PENNSYLVANIA, PROHIBITING
EXCESSIVE LEVELS OF SOUND FROM SOURCES WITHIN
THE TOWNSHIP, AND ESTABLISHING SPECIFIC
REGULATIONS, SPECIFICATIONS AND DEFINITIONS,
INCLUDING THE PROHIBITION OF NOISE DISTURBANCES
BETWEEN THE HOURS OF 11:00 PM AND 6:00 AM;
FURTHER DESIGNATING ENFORCEMENT PROCEDURES
AND PRESCRIBING PENALTIES FOR VIOLATIONS.
BE IT ENACTED AND ORDAINED by the Board of Supervisors
of the Township of Maidencreek, Berks County, Pennsylvania, and it is hereby enacted and ordained by the authority of the same as follows:
ARTICLE I. INTENT AND PURPOSE
1.01 The Board of Supervisors finds that excessive
levels of sound are 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, a public health and welfare hazard, 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 Maidencreek.
ARTICLE II. DEFINITIONS
2.01 The following words, terms and phrases when used in this Ordinance shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning. All terminology used in this Ordinance, not defined below, shall be in conformance with the applicable publications of the American National Standards Institute (ANSI SI.4 and ANSI SI.4a and its revisions) or its successor body.
(A) "A-weighted sound level" means the sound
pressure level in decibels as measured on a sound level meter using A-weighting network, The level so read is designated dB(A).
(B) "Ambient noise" means the all~encompassing
noise associated with a given environment, being usually a composite of sounds from many sources near and far.
(C) "Construction operation" means the erection,
repair, renovation, demolition or removal of any building or structure; and the excavation, filling, grading and regulation of lots in connection therewith.
(D) "Decibel dB" means a unit for measuring the
sound pressure level.
(E) "Emergency" means any occurrence or set of
circumstances involving actual or imminent physical trauma or property damage.
(F) "Emergency work" means any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency.
(G) "Impulsive sound" means 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.
(H) "Muffler or sound dissipative device" means a device designed or used for decreasing or abating the level of sound escaping from an engine or machinery system.
(I) "Noise" means any sound which annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans.
(J) "Noise disturbance" means any sound which:
(1) Endangers or injures the safety or health of humans or animals; or
(2) Annoys or disturbs a reasonable person of normal sensitivities; or
(3) Endangers or injures personal or real property; or
(4) Is in excess of the sound levels established in this article.
(K) "Person" means 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, person includes the individual members, partners, officers and managers, or any of them, of partnerships and associations, and as to corporation, the officers and managers thereof or any of them.
(L) "Powered model vehicle" means any self-propelled airborne, waterborne or landborne plane, vessel or vehicle, which is not designed to carry persons, including, but not limited to, any model airplane, boat, car or racket.
(M) "Public right of way" means any street, avenue, boulevard, highway, sidewalk, alley or similar place which is owned or controlled by a governmental entity.
(N) "Public space" means any real property or
structures thereon which are owned or controlled by a governmental entity.
(0) "Pure tone" means any sound which can be heard as a single pitch or a set of single pitches. For the purpose of this article, a pure tone shall exist if the one-third 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 5dB for center frequencies of 500 Hz and above and by 8dB for center frequencies between 160 and 400 Hz and by 15dB for center frequencies less than or equal to 125 Hz.
(P) "Property line (boundary)" means an imaginary line drawn through the points of contact of adjoining lands, apartments, condominiums, townhouses, and duplexes owned, rented or leased by different persons, a demarcation or a line of separation of properties, and also, for any two or more buildings sharing common grounds, the lawn drawn midway between any two such buildings. All areas devoted to public right of way shall be deemed to be across the property line. For the purpose of this regulation, the property line includes all points on a plane formed by projecting the property line in a manner deemed appropriate by the enforcing police officer.
(Q) "Real property" means all land whether publicly or privately owned, whether improved or not improved, with or without structures, exclusive of any areas devoted to public right of way.
(R) "Sound" means 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.
(S) "Sound level" means 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 SI.4 and ANSI SI.4a) or the latest revision thereof). If the frequency weighting employed is not indicated, the A-weighting shall apply.
(T) "Sound level meter" means 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 the specifications as specified in (ANSI SI.4 and ANSI SI.4a). The manufacturer's published indication of compliance with such specifications shall be prima-facie evidence of such compliance.
(U) "Zoning districts" mean the land use districts
established by the Maidencreek Township Zoning Ordinance and Map, and all subsequent amendments.
ARTICLE III. NOISE DISTURBANCE PROHIBITED
3.01 Within the jurisdictional boundary lines of Maidencreek Township, no person shall make, continue or cause to be made or continued any noise disturbance, nor shall any person suffer, allow or permit any noise disturbance to be made or continued from or at any property, whether real or personal, that is subject to such person's right to control. This prohibition shall not be applicable in the Industrial (I) zoning district Special Intensified Agricultural (SIA) zoning district, or applicable to any pre-existing non-conforming industrial use within Maidencreek Township.
ARTICLE IV. SPECIFIC PROHIBITED ACTS
4.01 The following acts, and the causing thereof, are declared to be noise disturbances and therefore in violation of this ordinance:
(A) Radios, Televisions Sets, Musical Instruments and Similar Devices Operating, playing, or permitting the operation 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) At any time in such a manner as to cause a
noise disturbance across a property line (boundary), or between the hours of 11:00 p.m. and 6:00 a.m. so as to be plainly 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 fifty 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
(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.
(B) Yelling and Shouting Engaging in loud or raucous
yelling, hooting, whistling or singing:
(1) On the public streets between the hours of 11:00 p.m. and 6:00 a.m.; or
(2) At any time or place in such a manner as to
create a noise disturbance.
(C) Construction Tools or Equipment Operating or
permitting the operation of any tools or equipment used in construction operations, drilling or demolition work:
(1) Between the hours of 11:00 p.m. and 6:00 a.m.
the following day on weekdays and Saturdays or at any time on Sundays or legal holidays, such that the sound therefrom creates a noise disturbance across a residential real property line (boundary), except for emergency work.
(2) At any other time such that the sound level at or across a real property line (boundary) exceeds 85dB(A) for a period of one hour.
(D) 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 between the hours of 10:00 p.m. and 6:00 a.m. so as to cause a noise disturbance across a residential property line (boundary) except in an emergency.
(E) Loading and Unloading Loading, unloading,
opening, closing or other handling of boxes, crates, containers, building materials, trash dumpsters, garbage cans, or similar objects between the hours of 11:00 p.m. and 6:00 a.m. the following day in such a manner as to cause a noise disturbance across a residential property line (boundary)
(F) Anima1s 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 ten minutes or makes such noise intermittently for one-half 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 residential property line (boundary) between the hours of 11:00 p.m. and 6:00 a.m.
(H) Street Sales Offering for sale or selling by
shouting or outcry or by any other amplified or unamplified sound within any residential or commercial area of the Township, except between the hours of 6:00 a.m. and 11:00 p.m., and at no time in such a manner as to violate Section 7, relating to sound levels by districts,
(I) 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
or sound dissipative device or element of design or noise labeled removed or rendered inoperative, with knowledge that such action has occurred.
(J) Vehicle Motorboat or Aircraft Repairs and
Testing Repairing, rebuilding or testing any motor vehicle, motorcycle, motorboat, or aircraft (with or without mufflers) in such a manner as to cause a noise disturbance across a residential real property line (boundary) between the hours of 11:00 p.m. and 6:00 a.m.
ARTICLE V. MOTOR VEHICLE PROHIBITIONS
5.01 Motor Vehicle and Motorcycles on Public Right of Way No person shall operate or cause to be operated a public or private motor vehicle or motorcycle, snowmobile, all-terrain vehicle or any equipment attached to such a vehicle, on a public right of way at any time in such a manner that the sound level emitted by the motor vehicle or motorcyc1e, or any equipment attached to such a vehicle exceeds the level set forth in Pennsylvania Code Title 67, Chapter 157, entitled Established Sound Levels.
5.02 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 fifteen 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 residential property line (boundary) between the hours of 11:00 p.m. and 6:00 a.m.
ARTICLE VI. PRIMA-FACIE VIOLATION
6.01 The noise from any of the acts prohibited in Article III to Article V 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 residences, including apartments and condominiums located within the same building, 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.
6.02. Violations of this ordinance may also be enforced by the Township Police Department(Northeastern Berks Regional Police Department), and/or the Township Code Enforcement Officer.
ARTICLE VII. SOUND LEVEL BY ZONING DISTRICTS
7.01 Maximum Permissible Sound Levels by Zoning
Districts 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 the zoning designations category 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 LEVELS BY ZONING DISTRICTS AS MAY BE AMENDED FROM TIME TO TIME.
Zoning of Source Lot Time Sound Level Limit
Residential 6:00a.m. - 11:00p.m. 60 dB(A)
Districts 11:00p.m. - 6:00a.m. 50 dB(A)
Commercial 6:00a.m. - 11:00p.m. 65 dB(A)
Districts 11:00p.m. - 6:00a.m. 60 dB(A)
7.02 When Exceeded. The sound level limits set forth in Table I shall be exceeded when any one or more of the following occur:
(A) The sound at any one point in time exceeds any of the established zone limits in Table I by a measured sound level of fifteen dB(A); or
(B) The sound exceeds any of the established zone limits in Table I by a measured sound level of ten dB(A) for a cumulative total of one minute or more out of any ten minute period; or
(C) The sound exceeds, except in the Industrial
District, any of the established zone limits in Table I by a measured sound level of three dB(A) continually for a period of five minutes, or a total of five minutes out of any ten-minute period.
7.03 Ambient Sound. In the event the background
ambient sound levels in an area of suspected noise disturbance exceed the levels set forth in Table I, the sound level of the intrusive sound source shall be measured with the ambient background sound level being substituted as the Table I sound level limit.
7.04 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.
7.05 Pure Tone and Impulsive Sound For any source of
sound which emits a pure tone or impulsive sound, the limits set forth in Table I shall be reduced by five dB(A).
7.06 Measuring Instruments All sound measurements shall be made on a sound level meter calibrated in the manner required by the manufacturer's specifications.
7.07 Exemptions from Sound Level Limits this section
shall not apply to:
(A) Activities covered by the following sections: construction, domestic power tools, or any emergency signaling device used because of an emergency; or
(B) Interstate railway locomotives and cars; or
(C) Motor vehicles which are legally licensed and inspected.
ARTICLE VIII. EXEMPTIONS
8.01 The following sounds are exempted from the
provisions of this article:
(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 non-profit performances or similar activities publicly or privately sponsored and presented in any public or private space outdoors provided:
(1) Such activities do not produce sound fifteen
dB(A) in excess of sound leve1s set forth in Table 1 of Article VIII; and
(2) Such activities do not occur between the
hours of 11:00 p.m. and 6:00 a.m.; and
(3) All necessary permits as defined by Township
ordinances have been procured. The Township may grant waivers of subsection (2) above upon application.
(D) Emergency Work Sounds caused by the performance of emergency work, or by the ordinary and accepted use of emergency apparatus and equipment.
(E) State, Municipal and Utility Services Sounds resulting from the repair or replacement of any state, municipal or utility installation in or about the public 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 except in the event of an actual emergency, the time limitation shall not apply.
(H) Agricultural Operations. Sounds which result from normal agricultural operations and uses.
(I) Any and all permitted use located within the Industrial (I) zoning district and the Special Intensified Agricultural (SIA) zoning district, and any and all permitted pre-existing non-conforming industrial uses located within the municipal boundary lines of Maidencreek Township.
ARTICLE IX ENFORCEMENT
9.01 This Ordinance shall be enforced by the Northern Berks Regional Police Department (or its successor which shall have police jurisdiction over Maidencreek Township) or by the Township Code enforcement Officer and/or his designee.
ARTICLE X PENALTY CLAUSE
10.01 Any person or entity who fails to comply with any or all of the requirements or provisions of the Ordinance or who fails or refuses to comply with any notice, order or direction of the Police Department, Code Enforcement Officer or any other authorized employee of the municipality shall be subject to the criminal enforcement procedures, fines, and schedule of fines as set forth in Ordinance No. 153, the "Civil/Criminal Enforcement Procedure Ordinance of Maidencreek Township".
10.02 In addition to the above penalties all other
actions are hereby reserved including an action in equity for the proper enforcement of this Ordinance. The imposition of a fine or penalty for any violation of, or non-compliance with, this Ordinance shall not excuse the violation or non-compliance or permit it to continue and all such persons shall be required to correct or remedy such violations and non-compliance within a reasonable time.
ARTICLE XI. SEVERANCE CLAUSE
11.01 In the event that any provision, section, sentence, clause or portion of this ordinance shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair any of the remaining ordinance. It is hereby declared to be the intent of the Board of Supervisors of the Township of Maidencreek that the remainder of this Ordinance shall be and remain in full force and effect notwithstanding the fact that such portion thereof shall be invalid or unconstitutional.
ARTICLE XII. REPEALER CLAUSE
12.01 All ordinances or parts of ordinances inconsistent with the provisions of this ordinance, are hereby repealed insofar, but only insofar, as the same are inconsistent herewith.
ARTICLE XIII. EFFECTIVE DATE
13.01 This Ordinance shall take effect five (5) days
subsequent to its passage.
ORDAINED and ENACTED as an Ordinance by the Board of Supervisors of the Township of Maidencreek, Berks County, Pennsylvania, in lawful session duly assembled this _____day of _________________, 2001.
BOARD OF SUPERVISORS OF MAIDENCREEK
TOWNSHIP, BERKS COUNTY, PA
Karl A. Bolognese, Chairman
Terry Rarick, Supervisor
Roy Timpe, Supervisor