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ST MICHAEL'S

NOISE  and the PUBLIC WELFARE

 

Noise  – the noise ordinance currently does not seem to specify hours, yet testimony by the head of zoning in 2008 indicated 9pm was the limit.  When they get a permit for a special event, the hours are specified on the permit . That is different from non- permitted activities .  Once it become a use by right, will there  be no special permit and therefore no distinct hours ?

 (TheNoise Ordinance  now prohibits the noise that neighbors have objected to : – 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.)
 

The public welfare 
The noise, the parking, and the nighttime use of the property by motorcyclists and young people has not been policed effectively so as not to intrude on the health and welfare of nearby residents .  Did the Planners  or  Zoners giving the approvals  reflect in their minutes at the approval meeting they any sense that of the effect on  the residents including the value of their property, which would  be part of their duty. One Planning Commission member who was there seemed to think the only issue being decided was that the Parsonage setback line was too close . He thought he recalled  they already had the rights to build the hall.  That was not so - they needed multiple exceptions.

   In the 1990 proceeding a petition had been sent round to secure signatures so that Planners and Zoners  were fully aware of the residents choices ( sadly, resident choices at the time were based on a document that implied no further expansion in the future….  As we can see – that was not the case). But this is not being done in this process. To the detriment of neighbor's voices.

  In the earliest testimony  for the waiver in 2008 , residents asked for answers about flood plains and other important questions.   They were told they would be answered . Instead all questions were saved until the end & most did not get any kind of adequate answer  at all .  And  then the waivers were granted.  

The process needs to be changed .

 

   NUISANCES generally  http://www.ecode360.com/9007277#9007277

   NOISE specifically  http://www.ecode360.com/9007246#9007246
 106-1. Legislative declaration. A. (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.
 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.

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.

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. (For Future reference )

 106-4. Enforcement.

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….,

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. …..Measurements shall be recorded so as to provide a proper representation of the noise source. …..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….

 

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   We welcome your comments  to share either anonymously or with your name attached with your  fellow Abington residents.   Send  any updated information, comments or questions  to: lel@abingtoncitizens.com 

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Abington Township recently completely revamped their website at the end of 2015 . All links directed to the old site were broken. We will be reinstating links as we find them and if the data is still available.  
Please  let us know if you find a broken link . Send us the name of the link and the page it is on , and if we can reinstate it, we will.

 


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