Code of the Township of Abington
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PART II GENERAL LEGISLATION: Chapter 106, NOISE
[HISTORY: Adopted by the Board of Commissioners of
the Township of Abington 7-10-1975 by Ord. No. 1405,
effective 9-1-1975. Amendments noted where applicable.]
Animals -- See Ch. 58.
Loitering -- See Ch. 104.
Nuisances -- See Ch. 108.
Sound equipment -- See Ch. 140.
106-1. Legislative declaration.
A. Pursuant to the authorization of Section 1502 of
The First Class Township Code,EN for the purpose of
securing and promoting the public health, comfort, convenience,
safety, welfare and the peace and quiet of the Township
of Abington and its residents, the Board of Commissioners
of the Township of Abington has found:
(1) The making and creation of loud, unnecessary and
unusual noises within the limits of the township is
a condition which has existed for some time and the
extent and volume of such noises is increasing.
(2) The making, creation and maintenance of loud, unnecessary
or unusual noises which are prolonged, unusual or unnatural
in their time, place or use does affect and is a detriment
to the public health, comfort, convenience, safety,
repose, welfare or prosperity of the residents and persons
within the township.
B. 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 it is further declared that 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,
repose, welfare and prosperity and the peace and quiet
of the Township of Abington and its inhabitants and
persons within its limits.
As used in this chapter, the following terms shall
have the meanings indicated:
DECIBEL (db) -- A unit of level which denotes the ratio
between two quantities which are proportional to power;
the number of "decibels" corresponding to
the ratio of two amounts of power is 10 times the logarithm
to the base 10 of this ratio.
EMERGENCY WORK -- Work made necessary to restore property
to a safe condition following a public calamity, or
work required to protect persons or property from imminent
exposure to danger.
PERSON -- Includes the singular and the plural and
also means and includes any person, owner, tenant, firm,
corporation, association, club, partnership, society
or any other form of association.
SOUND-LEVEL METER -- An instrument including a microphone,
an amplifier, an output meter and frequency weighting
networks for the measurement of noise and sound levels
in a specified manner.
106-3. Prohibited acts.
A. It shall be unlawful for any person to make, continue
or cause to be made or continued any loud, unnecessary
or unusual noise which either annoys, disturbs, injures
or endangers the comfort, repose, health, peace or safety
of others within the Township of Abington limits.
B. No person shall sound any horn or any signaling
device on any automobile, motorcycle, motor bicycle
or other vehicle in any street or public place of the
township except as a danger warning signal.
C. No person shall operate any motor vehicle or motorcycle
in the township, licensed or unlicensed, on public or
private premises, whether standing or moving, without
an appropriate muffling device on the exhaust system
of said vehicle in order to prevent any unnecessary
and unreasonably loud or harsh sound.
D. No person shall use, operate or permit to be played
any radio receiving set, musical instrument, television,
phonograph, public-address system or other machine or
device for producing or reproducing sound in such a
manner as to disturb the peace, quiet and comfort of
neighboring inhabitants. The operation of any such instrument
in such a manner as to be plainly audible at a distance
of 50 feet from the building, structure or vehicle in
which it is located is prohibited.
E. No person shall use, operate or permit to be played,
used or operated any sound-amplifying machine for the
producing or reproducing of sound which is cast upon
the public streets for the purpose of advertising except
by permit in accordance with Ordinance No. 814 of the
Township of Abington.EN
F. No person shall yell, shout, hoot, whistle or sing
on the public streets nor at any time or place so as
to annoy or disturb the quiet, comfort or repose of
persons in any building or of any persons in the vicinity.
G. No person shall keep any animal or bird which causes
frequent or long-continued noise which disturbs the
comfort or repose of any person in the vicinity.
H. The erection, including excavation, demolition,
alteration, construction or repair, of any building
other than between the hours of 7:00 a.m. and 9:00 p.m.,
except for emergency work, as defined in 106-2, is prohibited.
I. No person shall create any excessive noise on any
street adjacent to any school, institution of learning,
church, hospital or other public building, while the
same are in use, which unreasonably interferes with
the workings of such institution or which disturbs or
unduly annoys the pupils, churchgoers, patients or others
inside said building.
J. No peddler, hawker or vendor shall shout or otherwise
cry his wares which disturbs the peace and quiet of
K. It shall be unlawful for any person in the operation
of any machinery, commercial motor vehicle unit on a
truck, any equipment, pump, snowplow, snowblower, lawn
mower, leaf blower, chain saw or similar mechanical
device, to use such instrument or equipment in such
a manner or with such volume as to annoy or disturb
the quiet, comfort or repose of any person or persons
in any dwelling, apartment or other type of residence
on any day of the week. This subsection shall not apply
to municipal vehicles used for emergency work, such
as but not limited to snow removal.
L. Air-conditioning and other mechanical equipment.
(1) It shall be unlawful for any person in the operation
of any air-conditioning equipment or part thereof or
any other type of mechanical equipment or apparatus
installed or attached to premises, to make, continue
to make or cause to be made excessive noise so as to
cause annoyance, inconvenience or detriment to the public
or any person or persons. Noise shall be considered
excessive if the sound level from the air-conditioning
unit or any other type of mechanical equipment or apparatus
installed or attached to premises exceeds 55 decibels
in recreation-conservation and residence districts under
the Zoning Ordinance of the Township of Abington, 70
decibels in PI Planned Industrial Districts under the
Zoning Ordinance of the Township of Abington, and 60
decibels in all other classes of zoning districts under
the Zoning Ordinance of the Township of Abington.EN
(2) If, as the result of a test, the air-conditioning
equipment, mechanical equipment or apparatus installed
on or attached to premises is found to violate the terms
of this chapter, the operation of said equipment or
apparatus shall be discontinued immediately. The Abington
Health Department shall be empowered to grant an extension
of time not exceeding 30 days in order to bring equipment
M. No person shall operate or cause to be operated
any recreational motorized vehicle off a public right-of-way
in such a manner that the sound level therefrom exceeds
73 decibels at a distance of 50 feet or more from the
path of the vehicle when operated on a public space
or at or across the boundary of private property when
operated on private property. This section shall apply
to all recreational motorized vehicles, whether or not
duly licensed and registered, including but not limited
to commercial and noncommercial racing vehicles, motorcycles,
minicycles, go-carts, snowmobiles, campers and dune
A. It shall be the duty of the Abington Health Department
and the Abington Police Department and members of those
Departments to enforce the provisions of this chapter,
and they are hereby given the power and authority to
B. The measurement of sound or noise shall be made
with a sound-level meter meeting the standards prescribed
by the American Standards Association. The instrument
shall be maintained in calibration and good working
order. A check for calibration of the system shall be
made at the time of any noise measurement. Measurements
shall be recorded so as to provide a proper representation
of the noise source. The microphone during measurement
shall be positioned so as not to create any unnatural
enhancement or diminution of the measured noise. A windscreen
for the microphone shall be used when required. Traffic,
aircraft and other transportation noise sources and
other background noises shall not be considered in taking
measurements, except where such background noise interferes
with the primary noise being measured. The slow-meter
response of the sound-level meter shall be made at the
property line of the property on which such noise is
generated or perceived as appropriate, five feet above
the ground. In case of an elevated or directional sound
or noise source, compliance is to be maintained at any
elevation at the boundary.
106-5. Violations and penalties.
Any person violating any of the provisions of this
chapter shall, upon conviction thereof by any District
Justice, be sentenced to pay a fine of not less than
$10 nor more than $300, together with the costs of prosecution.
Each day a violation exists shall constitute a separate
offense. In default of payment of any fine, the defendant
may be sentenced and committed to the township lockup
for a period not exceeding five days or to the county
jail for a period not exceeding 30 days.