The following words and phrases, when used in this chapter,
shall have the meanings respectively ascribed to them:
APPLIANCE
Any device or combination of devices used, or capable of
being used, as a means of accomplishing a desired end, such as, but
not limited to, a window air-conditioning unit, a radio, or a stereo.
CITY
City of Altoona, Blair County, Pennsylvania.
EMERGENCY
Any occurrence or set of circumstances involving actual or
imminent physical or psychological trauma or property damage which
demands immediate action.
EQUIPMENT
Any device or combination of devices to accomplish a desired
end, such as, but not limited to, a chainsaw, lawnmower, snowblower,
bulldozer, backhoe, hammer, power saw, radio, stereo equipment, or
CD player.
EXCESSIVE NOISE
That sound which is:
A.
Injurious or which unreasonably interferes with the comfortable
enjoyment of life and property; or
B.
Annoying to a person of ordinary sensibilities.
MULTI-DWELLING-UNIT BUILDING
Any building comprising two or more dwelling units, including,
but not limited to, apartments, condominiums, co-ops, multiple-family
houses, townhouses, and attached residences.
MULTI-USE PROPERTY
Any distinct parcel of land that is used for more than one
category of activity. Examples include, but are not limited to:
A.
A commercial, residential, industrial or public service property
having boilers, incinerators, elevators, automatic garage doors, air
conditioners, laundry rooms, utility provisions, or health and recreational
facilities or other similar devices or areas, either in the interior
or on the exterior of the building, which may be a source of elevated
sound levels at another category on the same distinct parcel of land;
or
B.
A building which is both commercial (usually on the ground floor)
and residential property located above, behind, below or adjacent.
NOISE
Any sound emitted by a person, animal, vehicle, appliance,
equipment, container, machinery or other devices or objects creating
noises, and its environmental interaction.
PERSON
Either the owner or operator of vehicles, appliances, equipment
or devices, whether an individual, firm, association, organization,
partnership, trust, company, corporation or any other similar entity.
PRIVATE RIGHT-OF-WAY
Any street, avenue, boulevard, road, highway, sidewalk, alley
or easement that is owned, leased, or controlled by a nongovernmental
entity.
PUBLIC RIGHT-OF WAY
Any street, avenue, boulevard, road, highway, sidewalk, alley
or easement that is owned, leased, or controlled by a governmental
entity.
REAL PROPERTY LINE
Either:
A.
The imaginary line, including its vertical extension, that separates
one parcel of real property from another;
B.
The vertical and horizontal boundaries of a dwelling unit that
is part of a multi-dwelling-unit building; or
C.
On a multi-use property, the interface between the two portions
of the property on which different categories of activity are being
performed (e.g., if the multi-use property is a building which is
residential upstairs and commercial downstairs, then the real property
line would be the interface between the residential area and the commercial
area).
WEEKDAYS
Any day that is not a federal holiday, and beginning on Monday
at 7:00 a.m. and ending on the following Friday at 6:00 p.m.
WEEKEND
Beginning on Friday at 6:00 p.m. and ending on the following
Monday at 7:00 a.m.
The following devices are exempt from the provisions of this
chapter:
A. Aircraft (except model aircraft and/or drones).
B. Police, fire, ambulance, and other governmental emergency vehicles.
C. Backup alarm devices on trucks and other equipment when installed
and operated in accordance with Society of Automotive Engineers recommended
practice J 994, "Criteria for Back-Up Alarm Devices."
D. Governmental warning devices (i.e., civil defense and fire siren).
E. The provision, repair and maintenance of municipal services or public
utilities.
F. Bells, chimes and carillons used for religious purposes or in conjunction
with national celebrations or public holidays; existing bells, chimes
and carillons that are currently in use for any purpose.
G. Appliances, lawn and garden equipment, and household power tools
in use between the hours of 7:00 a.m. and 9:00 p.m., provided such
are operated within the manufacturer's specifications and with
all standard noise-reducing equipment in use, unmodified, and in proper
operating condition.
H. Air conditioners, fans, heating units and similar devices, provided
such are operated within the manufacturer's specifications and
reasonable measures are taken to reduce noise levels.
I. Motor vehicles regulated by other rules, regulations or ordinances.
J. Musical, recreational and athletic events conducted by schools or
local government.
K. Activities permitted by special waiver, according to the terms and
conditions of said waiver; activities conducted in accordance with
a special activity permit approved by the City Manager, i.e., parades
or festivals.
L. Highway and utility maintenance, construction, snow removal. Necessary
excavations in or repairs of bridges, streets, or highways, or public
utility installations by or on behalf of the City of Altoona, or any
public utility or an agency of the Commonwealth of Pennsylvania, during
the night or Sunday, when the public health, safety, or welfare necessitates
the performance of the work at such time.
The provisions of this chapter shall be enforced by the City
of Altoona police officers, City Codes Enforcement Officers and others
designated by the City Manager.