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 )
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….
_________________________
Please feel free to
contact us
with your own
information on these topics
and please be sure
to
contact us
about any information you believe to be
incorrect -
__________
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
|
