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Noise Control Ordinance

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INTENT AND PURPOSE

The intent of this chapter is to establish regulations to protect the citizens of Lower Paxton
Township from unnecessary noises and sounds that could cause them night-time sleep
disturbance, discomfort, or serious annoyance. The Board of Supervisors, finding that excess
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 necessary to provide for greater control and
more effective regulation of unnecessary noises and excessive sounds and the sources thereof
within the Township.

DEFINITIONS

For the purpose of this article, the following definitions shall apply unless the context clearly
indicates or requires a different meaning.
A-WEIGHTED SOUND PRESSURE LEVEL A unit of measure in decibels, dB(A), to be used to
determine noise levels. The sound pressure level as measured on an ANSI-S 1.4-1971 Type 1
or Type 2 Sound Level Meter using the A-weighting network.

DECIBEL MEASUREMENT CRITERIA

Any decibel measurement made pursuant to the provisions of this chapter shall be based on the
reference sound pressure and measured with a sound level meter using the A-weighting
network. Instrument response shall be "fast" for motor vehicle measurements and "slow" for all
other measurements.
All sound measurements shall be made on a sound level meter calibrated in the manner
required by the manufacturer's specifications.

GENERAL SOUND LEVEL LIMITS BY RECEIVING ZONING DISTRICT

A. Maximum permissible sound levels by zoning district. 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 districts in Table I, when measured at or across
the property line (boundary) from the noise source. Any sound source, whether
stationary or non-stationary, including motor vehicles, which produce sound in excess of
those levels, shall constitute a noise disturbance.

SOUND AMPLIFYING EQUIPMENT

It shall be unlawful for any person to practice, play, or conduct live band activities using sound
amplifying equipment in such a manner that the noise level produced exceeds sixty (60) dB(A),
or ten (10) dB(A) above the ambient noise level, whichever is higher, when measured at the
property line of any residential property (or if a condominium or apartment house, within any
adjoining apartment) or to conduct such activities or operate any such device between 10:00
p.m. (2200 hours) and 7:00 a.m. (0700 hours) so as to be plainly audible within any dwelling unit
which is not the source of sound.

SCHOOLS, HOSPITALS, CHURCHES AND LIBRARIES

It shall be unlawful for any person to create any unnecessary noise on any street, sidewalk, or
public place adjacent to any school, library, or other institution of learning, or church, while the
same is in use; or adjacent to any hospital, which noise unreasonably interferes with the
workings of such institution or which disturbs or unduly annoys patients in the hospital.

EMERGENCY SIGNALING DEVICES

A. It shall be unlawful for any person to intentionally sound or permit the sounding outdoors
of any emergency signaling device including fire, burglar, civil-defense alarm, siren,
whistle, or similar emergency-signaling device, except in an emergency or as provided in
subsection (B) below.
B. Testing of an emergency-signaling device shall occur between 8:00 a.m. and 7:00 p.m.
Any testing of the emergency-signaling system shall not occur more than once in each
calendar week.
As population increases and expanding metropolitan areas and more efficient modes of transport continue to push residential communities into areas formerly characterized as "rural", noise control is likely to become a more important issue for all communities local governments and their governments. The noise produced by human activities has been increasingly recognized as a serious and growing environmental and health problem. Acoustic pollution has been implicated in a variety of health disorders, ranging from stress and hypertension to permanent hearing loss. In addition, noise has been shown to cause psychological problems: "[t] he moderate levels of noise can increase anxiety, decrease the incidence of cooperative behavior, and increase the risk of hostile behavior in experimental subjects."

Noise events can happen at random - sometimes when a code enforcement officer with a sound level meter is not available. For those occasions, county law has a provision that establishes a noise disturbance violation. The noise disturbance criteria are more subjective and depend on the observations and testimony of witnesses and / or a code enforcement officer.

A noise disturbance, as defined by the Montgomery County Noise Act (56KB, PDF), is any sound that is:
• Unpleasant, annoying, offensive, noisy or unpleasant
• Unusual for the time of day or place where it is produced or heard
• Harmful to the health, comfort or safety of any person or to the reasonable enjoyment of the property or lawful conduct of the business due to the intensity
Under the law, it is illegal to create a noise disturbance anywhere during quiet hours, including multifamily buildings and town houses. The disturbance arrangement prohibits some noise disturbance anywhere at any time.