[Adopted 10-13-2008 by Ord. No. 256]
This article may be cited as the "Noise Ordinance of Bell Acres Borough, Allegheny County, Pennsylvania."
A. 
Excessive sound is a serious hazard to the public health and welfare and the quality of life of the citizens of Bell Acres Borough.
B. 
A substantial body of science and technology exists by which excessive sound may be substantially abated.
C. 
The citizens of Bell Acres Borough have a right to, and should be ensured, an environment free of excessive sound.
D. 
The Borough is empowered to ensure the health, safety, and welfare of the citizens of Bell Acres and to define conduct that constitutes disturbing the peace pursuant to Section 1202 (6) and (28) of the Pennsylvania Code 1965 P.L. 1656, No. 581, as amended.
A. 
Definition of "noise disturbance."
(1) 
Any source of sound which exceeds the noise limitations set forth in §§ 123-13 and 123-14 of this article.
(2) 
Sources of sound shall include but not be limited to the following:
(a) 
Amplified music, loudspeakers, public address systems, radios, televisions, audio equipment, musical instruments.
(b) 
Powered toys and models.
(c) 
Air compressors, paint sprayers, motor pumps, air conditioners, ventilating fans, powered tools and equipment.
(d) 
Lawn mowers, chainsaws, leaf and snow blowers, tillers, wood chippers, weed whackers, tractors.
(e) 
Electrical appliances, vacuum cleaners, beepers, swimming pools and spas.
(f) 
Human voices, animals.
(g) 
Motor vehicles and attached equipment not operated on a street or operated on a street but not equipped with mufflers that meet legal requirements of the Pennsylvania Motor Vehicle Inspection Law.
(h) 
Off-road recreational motor vehicles, such as quads and dirt bikes.
B. 
Definitions of other important terms. As used in this article, the following terms shall have the meanings indicated:
A-WEIGHTING
The electronic filtering in sound level meters designed to transform a frequency spectrum to that which is heard by the human ear.
CONSTRUCTION ACTIVITIES
The temporary process of grading, demolition, alteration, repair or remodeling of existing structures, and construction of new structures, including the use of power equipment in connection with activities. This definition does not include radios or other forms of amplified music on a construction site.
DAYTIME HOURS
The period of time from 7:00 a.m. to 10: 00 p.m.
dBA
The A-weighted unit of sound pressure level.
DECIBEL (dB)
The unit of measurement for sound pressure level at a specified location.
EMERGENCY WORK
Any work or action necessary to deliver essential services, including but not limited to fire protection, emergency medical service, snow removal, protection from flood or other disasters, repairing roads or water, gas, electric, telephone, or sewer facilities, or tree work necessary to open public rights-of-way.
LEGAL HOLIDAYS
New Year's Day, Martin Luther King Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Christmas Day.
MOTOR VEHICLE
Any vehicle that is propelled or drawn on land by an engine and a motor, including both road and off-road vehicles.
MULTI-DWELLING UNIT BUILDING
Any housing unit where two or more dwellings are separated by a common wall, floor, or ceiling, including but not limited to apartments, condominiums, townhouses, duplexes.
NIGHTTIME HOURS
The period from 10:00 p.m. to 7:00 a.m.
NOISE LEVEL MEASUREMENT
The procedure of measuring sound in decibels, using the A-weighted network, with a precision sound level meter (SLM), as defined in this section.
POWERED EQUIPMENT
Motorized device powered by electricity, compressed air, or fuel used for construction, demolition, and property or landscape maintenance or repairs. Powered equipment includes but is not limited to lawn mowers, hedgers, saws, sanders, motors, pumps, generators, wood chippers, vacuum cleaners, drills, nail guns, leaf and snow blowers.
PROPERTY OF NOISE SOURCE
Any location, either residential or commercial, from which an alleged noise disturbance is originating.
RECEIVING PROPERTY
Any location, either residential or commercial, where an alleged noise disturbance is being heard by a complainant (receiver).
SOUND LEVEL METER
A precision sound-pressure-level measuring instrument which conforms to the American National Standards Institute (ANSI) specifications and must be approved for use by the Borough Code Enforcement Officer.
WORK PERSONALLY DONE BY PROPERTY OWNER OR RESIDENT
Construction work undertaken by the property owner or resident who may be assisted by family members, friends, or other persons.
A. 
Except as otherwise permitted within this article, any source of sound in excess of the sound level limits set forth in § 123-13 shall constitute a noise disturbance, as defined in § 123-12, and is hereby prohibited.
B. 
Sound level limitations are set forth in Table 1:
Table 1 - Maximum Permissible Sound Levels
Receiving Property (Complainant)
Residential
Commercial
Property of Noise Source
Daytime hours
Nighttime hours
All hours
Residential
60 dBA
50 dBA
65 dBA
Commercial
65 dBA
50 dBA
65 dBA
C. 
For all sources of sound within multi-dwelling residential units transmitting through a common interior partition (wall, floor, or ceiling) from one dwelling unit to another, the daytime sound limit is 45 dBA and the nighttime sound limit is 35 dBA.
D. 
Corrections for character of sound. In the event the alleged offensive noise contains a steady, audible tone, such as a whine, screech, beating, pulsing, throbbing, or hum, the standards set forth in Table 1 shall be reduced by five dBs.
E. 
Any or all excessively annoying, loud, or unusual noises or vibrations, such as offend the peace and quiet of persons of ordinary sensibilities and which interfere with the comfortable enjoyment of life or property and affect at the same time an entire neighborhood or any considerable number of persons, shall be considered a noise disturbance.
The following are exceptions to the noise limitations set forth in § 123-13.
A. 
Construction activities by contractor:
(1) 
Construction activities are permitted between the hours of 7:00 a.m. to 7:00 p.m., Monday through Friday.
(2) 
No piece of equipment shall generate noise in excess of 85 dBA at 50 feet.
(3) 
Construction by contractor with the use of powered equipment or vehicles is not permitted on Saturdays, Sundays, and legal holidays.
B. 
Construction activities personally performed by resident/property owner:
(1) 
Construction activities are permitted Monday through Friday between the hours of 7:00 a.m. to 7:00 p.m. and on Saturday, Sunday, and legal holidays between the hours of 9:00 a.m. and 5:00 p.m.
(2) 
No piece of equipment shall generate noise in excess of 85 dBA at 50 feet.
C. 
Powered equipment used on a temporary, occasional, or infrequent basis by property owner or resident:
(1) 
Use permitted between the hours of 8:00 a.m. to 8:00 p.m. Monday through Friday and 9:00 a.m. to 8:00 p.m. on Saturday and Sunday.
(2) 
No piece of equipment shall generate noise in excess of 85 dBA at 50 feet.
(3) 
The operation of a snowblower is permitted at any time within a twenty-four-hour period immediately following a snowstorm.
(4) 
The operation of equipment necessary for tree work is permitted at any time within a twenty-four-hour period immediately following a storm in which significant amount of free damage occurs.
D. 
Commercial tree service and lawn service work:
(1) 
Commercial tree and lawn service work on residential and commercial properties is permitted Monday through Friday between the hours of 8:00 a.m. to 5:00 p.m. and on Saturday between the hours of 9:00 a.m. to 5:00 p.m.
(2) 
No piece of equipment shall generate noise in excess of 85 dBA at 50 feet.
(3) 
Commercial tree service work is permitted at any time within a twenty-four-hour period immediately following a storm in which a significant amount of tree damage occurs.
E. 
Church bells and chimes. Sound from church bells and chimes is permitted during daytime hours when part of a religious observance, celebration, or service.
F. 
Occasional social gatherings (private parties):
(1) 
Occasional social gatherings are permitted between the hours of 11:00 a.m. to 11:00 p.m.
(2) 
Noise level must not exceed 65 dBA.
G. 
Animals:
(1) 
The noise from any animal or bird made continuously and/or persistently for a period of 15 minutes or more, or intermittently for a period of 30 minutes or more, regardless of whether the animal is situated upon private property, shall be deemed a disturbance.
(2) 
The animal or bird noise shall not be deemed a disturbance if a person is trespassing or threatening to trespass upon private property in which the animal or bird is situated or if the noise is for any other legitimate cause, such as someone provoking the animal or bird.
(3) 
Noise from wild birds or animals is not regulated.
H. 
Emergency warning devices. The false sounding of any personal or commercial burglar or fire alarm or any motor vehicle burglar alarm shall be deemed a disturbance if two or more such false activations occur within a thirty-day period.
I. 
Motor vehicles:
(1) 
The operation of any motor vehicle, including any equipment attached to any vehicle (such as attached heating and/or refrigeration units or attached auxiliary equipment), while the vehicle is stationary shall be deemed a noise disturbance if such operation lasts for a period in excess of five minutes in any hour for reasons other than public safety, traffic congestion, or emergency work.
(2) 
This provision shall not apply to businesses that are valid nonconforming uses or are located within the M-2 or M-3 Zoning Districts during normal business hours.
J. 
Golf courses. Lawn cutting of golf course grounds is permitted from 6:00 a.m. until 8:00 p.m., Monday through Sunday.
The following noise disturbances shall be exempt from the noise limitations set forth in § 123-13.
A. 
The emission of sound for the purpose of alerting persons to the existence of an emergency.
B. 
Emergency work, as defined in § 123-12, performed to protect public health or safety.
C. 
Public gatherings, performances, and the like for which a permit has been obtained from the Borough which specifically allows for noise levels to be exceeded.
A. 
Any noise level measurements made pursuant to the provisions of this article shall be performed using a precision sound level meter which meets the specifications of the American National Standards Institute (ANSI) and is approved by the Borough Code Enforcement Officer.
B. 
Borough personnel responsible for performing sound level meter measurements shall receive adequate training in the proper use of such meter and shall have a thorough knowledge of the provisions of this article.
C. 
Except as otherwise stipulated within this article, the location for measurement of noise levels shall be at any point on the receiver's affected property.
D. 
In multi-dwelling unit residential structures, the microphone of the sound level meter shall be placed no closer than 3 1/2 feet from the wall through which the source of sound at issue is transmitting. The microphone shall also be placed five feet above the floor regardless of whether the source of sound at issue transmits through the floor, ceiling, or wall.
A. 
Noise disturbances reported to the Borough will be investigated if they allegedly violate the provisions of this article.
B. 
In order to establish a violation, Borough personnel must be able to measure the sound level of the noise as it is happening.
C. 
First time violators will be contacted by the Borough police and receive a verbal warning.
D. 
A second violation of any of the provisions of the Noise Ordinance, by the same person or entity, within one year after a first warning, may be cited as an infraction with a fine of up to $100.
E. 
Subsequent Noise Ordinance violations, by the same person or entity, within one year after a first warning, may be fined up to a maximum of $1,000 plus court costs for each separate and distinct offense.
F. 
In addition to the above, the Borough may institute an action for injunctive relief to abate any activity in violation of the provisions of this article.