Ordinance No. 81A
AN ORDINANCE OF THE
TOWNSHIP OF CHADDS FORD,
DELAWARE COUNTY,
PENNSYLVANIA, PROHIBITING
UNNECESSARY NOISES
AND LOITERING WITHIN THE
TOWNSHIP OF CHADDS
FORD AND PRESCRIBING PENALTIES
FOR
ANY VIOLATION THEREOF.
Be it enacted and ordained by the Board of Supervisors of the Township of Chadds Ford, Delaware County, Pennsylvania.
Section
1. It shall be unlawful for
any person, firm or corporation to make, cause or permit to be made anywhere in
the Township of Chadds Ford any unnecessary or deliberate noise, clamor, din or
other sounds howsoever caused, tending to disturb the peace and quiet of the
community, at a time, in a place or in a manner which causes or creates or
permits injury, damage, hurt, inconvenience, annoyance or discomfort to another
in the legitimate enjoyment of their reasonable rights of persons or
property. All such noise or other sounds
shall be considered to be unnecessary, and to constitute a nuisance, disorderly
conduct and a disturbance of the peace.
Except in cases of emergency, no person, firm or corporation, shall
carry on any activity or transaction whatsoever, at a time or in a manner which
causes unnecessary annoyance to any resident of the township.
No person shall operate, or cause to be operated on private or public property, any source of continuous sound (be it constant, fluctuating or intermittent) in such a manner as to create a sound level which exceeds the limits set forth in Table 1 continuously for a time period of ten minutes, or exceeds the levels in Table 1 intermittently (two times or more) for one-half hour or more when measured at or within the property boundary of the receiving land use.
Definition: Background Sound Pressure Level is the
Sound Pressure Level measured on the receiving property in the absence of the offending noise.
Definition: A Pure Tone is a sound consisting of a single
frequency without overtones.
Example: 60 cycles/sec electrical
noise.
Sound levels will be measured using a Type 1 or 2 sound
level meter meeting ANSI standard S1.4-1983, or the latest version thereof
using the “slow” meter setting.
TABLE
1
|
Receiving Land Category |
Hours/Days |
Maximum Sound Pressure Level at
Property Line |
Maximum Sound
Pressure Level at 50 feet Inside Property
Line |
|
1)Residential, Agricultural or
Institutional |
7:00 am to 7:00 pm
Monday-Friday 9:00 am to 4:00pm Saturday All other times
plus Sundays and legal Federal holidays |
57 dBA 57 dBA 47 dBA |
Background Sound Pressure level +3dBA Background Sound Pressure level +3dBA Background Sound Pressure level +3dBA |
|
2) Commercial or Office |
7:00 am to 7:00 pm
Monday-Friday 9:00 am to 4:00 pm Saturday All other times
plus Sundays and legal Federal holidays |
65
dBA
65 dBA
55 dBA |
Background Sound Pressure level +3dBA Background Sound Pressure level +3dBA Background Sound Pressure level +3dBA |
|
3) Light Industrial |
At all times |
70 dBA |
Background Sound Pressure level +3dBA |
For any source of sound which emits a pure tone, the maximum
sound limits set forth in Table 1 shall be reduced by five (5) dBA. For any source of sound which emits an
impulse sound (a sound of short duration, with an abrupt onset and rapid decay)
and an occurrence controlled by a person, the excursion of sound pressure level
shall not exceed twenty (20) dBA over the background level of the receiving
land use, regardless of the time of day or night. For measurement of impulsive sounds, a Type
1 or 2 sound level meter with a peak-hold capability
should be used in the “fast” meter setting.
Section
2. Without in any manner
limiting or restricting the generality of the above definitions and prohibition
against unlawful conduct, the Board of Supervisors hereby declares the
following to constitute a nuisance, disorderly conduct and a disturbance of the
peace. Violators will be subject to
penalties as set forth in Section 7.
a) The
repeated sounding of gasoline or diesel engines or automobile horns, klaxons, sirens, bells, whistles or
other sounding devices on automobiles, trucks, buses, trains, motor cycles,
bicycles or other vehicles within the Township of Chadds Ford.
b) The operation of radios, televisions, loud speakers, sound amplifiers or other mechanical or electronic instruments or devices which produce or reproduce sound or singing, shouting, or playing of musical instruments which exceed the sound pressure levels set forth in Table 1.)
c) The
operation or use for any purpose whatsoever, on or upon a public street or thoroughfare
in the Township, of any device commonly known as a sound truck, loud speaker or
sound amplifier or radio or phonograph with a loud speaker or sound amplifier
or any other instrument known as a calliope, or any instrument of any kind or
character which emits there from loud and raucous noises and is attached to any
vehicle operated or standing upon the streets or public places aforementioned.
d) The
ownership, possession, or controlling of any animal or bird which howls, barks,
meows, squawks or makes other sounds continuously and/or incessantly for a
period of ten (10) 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 cause
which teased or provoked the animal or bird.
Section
3. Loitering
Without in any manner limiting or restricting the generality
of the above definitions and prohibition against unlawful conduct, the Board of
Supervisors hereby declares the following to constitute a nuisance, disorderly
conduct and a disturbance of the peace.
Violators will be subject to penalties as set forth in Section 7.
a) Congregating and/or lounging or loitering in and about the streets or other public places or businesses open to the public or public buildings or property of the Township in a noisy or boisterous manner disturbing or tending to disturb the peace, quiet and orderliness of any part of the Township.
b) Congregating on or about the Township
Building, trespassing on the Township building when such building is not in
public use.
Section
4. Special
Provisions
a) Blasting is allowed only by permit issued by
the Township Code Enforcement Officer.
b) Alarms
or other devices used for the purpose of alerting people to the existence of an
actual emergency or devices such as a horn or siren installed in a motor
vehicle and used to warn persons of an imminent danger are exempt from this
Ordinance.
c) Noise generated by emergency work to provide
electricity, water or other public utilities or restore essential public
services, including construction activities directly related to the abatement
of an emergency are exempt from this Ordinance.
d) Authorized emergency vehicles responding to an emergency are exempt from this Ordinance.
e) Snow plows and snow
blowers are exempt from this Ordinance
f) The ringing
of mechanical, un-amplified bells and/or chimes of a place of worship is exempt
from this Ordinance.
g) Motor
vehicles operations shall not exceed the noise levels established in Chapter
157 of Title 67 of the Pennsylvania Code of Regulations, Subchapter B, established
Sound Levels.
h) Construction, maintenance and demolition
shall be exempt from the sound level limits in this Ordinance; provided however
that all construction and demolition activity excluding emergency work, shall
be performed between the hours of 7:00 a.m. and 7:00 p.m. Monday through Friday
and between the hours of 9:00 a.m. and 4:00 p.m. on Saturdays and Sundays.
i) Construction,
maintenance and demolition activities performed by the property owners (without
using paid employees) shall be exempt from this Ordinance, provided such
activity shall be performed between the hours of 7:00 a.m. and 7:00 p.m. Monday
through Friday and between the hours of 9:00 a.m. and 4:00 p.m. on Saturdays and
Sundays.
j) Domestic power tools, including, but not
limited to lawn mowers, garden equipment, snow removal equipment, power saws,
sanders and other equipment used for building repair and property maintenance
between the hours of 7:00 a.m. and 9:00 p.m. shall be exempt from the
provisions of this Ordinance. Commercial
grade equipment such as wood chippers and pneumatic jack hammers are not
considered domestic power tools and are subject to the conditions set forth in
subsection h) of this section.
k) Agricultural operations are exempt from this
Ordinance.
Section 5. Permits.
A. The
Code Enforcement Officer of Chadds Ford Township, upon application from any
person, shall have the authority to grant temporary permits allowing the
operation or causation of sound levels in excess of the maximum permissible
sounds levels by receiving land use established in Table 1 of this ordinance if
the following conditions are met to the satisfaction of the Board.
1) The temporary operation or causation of such
sound, under the circumstances, will not jeopardize the health, welfare or
safety of the citizens of the Township.
2) The denial of such a permit will impose
excess hardship on the applicant, the community or other persons.
3)
Permits for allowing noise levels in excess of the maximum permissible sound
levels by receiving land use established in Table 1 of this ordinance will be
limited as follows:
a)
A maximum of three (3) consecutive days of allowable excess
noise per permit.
b)
A maximum of three (3) permits for excessive noise per tax
parcel per calendar year.
B. The Code Enforcement Officer shall have the
right and authority to impose reasonable conditions and restrictions upon any
applicant requesting a temporary permit for excessive noise in order that the
intent of this Ordinance can be implemented.
C. Any person seeking a permit pursuant to this
section shall file an application with the Code Enforcement Officer at least
ten (10) days prior to commencement of the noise source. Said applicant shall include the following
information:
1)
The name, address and telephone number of the applicant.
2)
The proposed location of the activity.
3)
The nature and purpose of the proposed activity which will generate the
excessive sound.
4)
The proposed (estimated) levels of excess sound to be generated above those
permitted by Table 1 for the surrounding, receiving properties and the duration
of these excessive sound levels.
5)
A statement demonstrating that bringing the source of the sound or activity for
which the permit is sought into compliance with the standards set forth in this
Ordinance would impose an unreasonable hardship on the applicant, the community
or other persons.
D. Permits shall be granted, by written notice,
to the applicant containing all necessary conditions, including the hours and
dates for the permitted activity. The permit shall not become effective until
all conditions are agreed to by the applicant.
Noncompliance with any conditions of the permit shall terminate the
permit and subject the person holding it to the violation provisions of this chapter.
Section
6. Administration and
Enforcement.
The Board of Supervisors may delegate to the Township Code
Enforcement Officer the power to administer the terms of this Ordinance, to
investigate complaints and prosecute violations of this Ordinance.
Section
7. Violations and penalties.
Any person or entity who violates or permits the violation
of any provision of this Ordinance shall, upon conviction thereof in a summary
proceeding brought before a District Justice under the Pennsylvania Rules of
Criminal Procedure, be guilty of a summary offense, and shall be subject to the
payment of a fine of not less than $100 and not more than $1000, plus the costs
of prosecution. In default of payment
thereof, the
defendant may be sentenced to imprisonment in the county prison for a term of
not more than 30 days. Each section of
this chapter violated shall constitute a separate offense and each day or
portion thereof in which a violation of this Ordinance is found to exist shall
constitute a separate offense, each of which violations shall be punishable by
a separate fine imposed by the District Justice of not less than $100 and not
more than $1000, plus the costs of prosecution, or upon default of payment
thereof, the defendant may be sentenced to imprisonment in the county prison
for a term of not more than 30 days. All
fines and penalties collected for violation of this Ordinance shall be paid to
the Township Treasurer.
Section
8. Severability.
If any sentence, clause, section, or part of this Ordinance
is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or
invalidity shall not affect or impair any of the remaining provisions,
sentences, clauses, sections or parts hereof.
It is hereby declared as the intent of the Board of Supervisors that
this Ordinance would have been adopted had such unconstitutional, illegal or
invalid sentence, clause, section or part thereof not been included herein.
Section
9. Repealer.
All Ordinances or parts of Ordinances conflicting with any provisions of this Ordinance are hereby repealed insofar as the same affects this Ordinance.
Section
10. Effective Date.
This Ordinance shall be effective five days after enactment
as by law provided.
BY THE BOARD OF SUPERVISORS
GEORGE M. THORPE, Chairman
DEBORAH LOVE D’ELIA, Vice Chairman
GARRY PAUL, Supervisor
Attest:
MARYANN D. FURLONG,
Township Secretary