[HISTORY: Adopted by the Borough Council of the Borough of West Mifflin as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-17-1963 by Ord. No. 513 (Ch. 13, Part 7, of the 1999 Code of Ordinances)]
As used in this article, the following terms shall have the meanings indicated:
- Any natural person, firm, corporation, association, club, partnership, society, or any other form of association or organization.
- SOUND-AMPLIFYING EQUIPMENT
- Any machine or device for the amplification of the human voice, music or any other sound. "Sound-amplifying equipment," as used herein, shall not be construed as including standard automobile radios when used and heard only by occupants of the vehicle in which installed or warning devices on other vehicles used only for traffic safety purposes.
- SOUND TRUCK
- Any motor vehicle or horse-drawn vehicle having mounted thereon, or attached thereto, any sound-amplifying equipment.
In this article, the singular shall include the plural, and the masculine shall include the feminine and neuter.
No person shall operate or cause to be operated any sound truck for any commercial purpose in the Borough of West Mifflin with sound-amplifying equipment in operation.
Registration required. No person shall use, or cause to be used, any sound truck with its sound-amplifying equipment in operation for any noncommercial purpose in the Borough of West Mifflin until he shall have filed with the Borough Secretary, in duplicate, a statement containing the following information:
Name and residence of the person making the statement.
Address of the place of business of the person making the statement.
License number and motor number of the sound truck to be used by the person making the statement.
Name and address of the person owning the sound truck.
Name and address of the person having direct charge of the sound truck.
Name and address of every person who is to use such sound truck within the Borough of West Mifflin.
The purpose for which the sound truck is to be used.
A general statement as to the sections of the Borough of West Mifflin in which the sound truck is proposed to be used.
The proposed hours of operation of such sound truck.
The days upon which the sound truck is proposed to be operated within the Borough.
A general description of the sound-amplifying equipment to be used.
Change of information. Every person using or causing to be used any sound truck for any noncommercial purpose shall amend the statement required by Subsection A of this section within 48 hours after any change in the information therein furnished.
Certified statement. The Borough Secretary shall return to the person making the statement required under Subsection A of this section one copy of such statement duly certified by the Borough Secretary as a correct copy thereof. Such certified copy of such statement shall be in the possession of any person operating the sound truck at all times while the sound-amplifying equipment of such truck is in operation within the Borough of West Mifflin, and such copy shall be promptly displayed to any policeman of the Borough of West Mifflin upon request.
Regulations. Noncommercial use of sound trucks in the Borough of West Mifflin with sound-amplifying equipment in operation shall be strictly in accordance with the following regulations:
The only sounds to be permitted shall be music and human speech.
Operation shall be prohibited on Sunday and upon any other day of the week, except between the hours of 11:30 a.m. and 1:30 p.m. and between the hours of 4:30 p.m. and 6:30 p.m.
Sound-amplifying equipment shall not be operated unless the sound truck upon which such equipment is mounted is operated at a speed of at least 10 miles per hour, except when said truck is stopped or impeded by traffic. Where stopped by traffic, the said sound-amplifying equipment shall not be operated for longer than one minute at such stop.
Sound-amplifying equipment shall not be operated within 300 feet of any hospital, school, church, library, fire station or municipal building.
The human speech and music amplified through such sound-amplifying device shall not be profane, lewd or indecent.
The volume of sound shall be controlled so that it will not be audible for a distance in excess of 150 feet from the sound truck and so that the said volume is not unreasonably loud, raucous, jarring, disturbing, or a nuisance to persons within the area of audibility.
No sound-amplifying equipment shall be operated with an excess of 15 watts of power in the last stage of amplification.
[Amended 3-16-1999 by Ord. No. 1094]
Any person, firm or corporation who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $600, plus costs, and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this article continues shall constitute a separate violation.
[Adopted 10-5-1971 by Ord. No. 725 (Ch. 10, Part 4, of the 1999 Code of Ordinances)]
The short title of this article shall be the "Sound Control Ordinance of the Borough of West Mifflin."
When used in this article, the following words and terms shall mean and include:
- An individual, partnership, corporation, or association, including those acting in a fiduciary or representative capacity, whether appointed by a court or otherwise. Whenever used in any clause prescribing or imposing a penalty, the term "person," as applied to partnerships or associations, shall include the partners or members thereof, and, if applied to corporations, the officers or employees thereof.
Hereafter, no person shall make any unnecessary and objectionable sound in the vicinity of any church during hours of public worship, municipal buildings during hours of public meetings, or schools during school hours, or upon or near the streets or public places in the Borough.
At no point on a property line within the boundaries of a residential district shall the sound-pressure level from any nonmobile source, use or activity, and not hereinafter specifically exempted, whether open or enclosed, exceed the maximum permitted sound levels for the designated frequency bands set forth in the following tables:
The above levels shall apply to sound levels measured with a sound-level meter and associated octave band analyzer manufactured according to the standards prescribed by the American National Standards Institute, when flat network slow meter response of the sound-level meter is used. When the flat network fast meter response is used, the measured sound-pressure levels shall not exceed the above levels by more than 30 decibels.
If the sound does not have a smooth spectrum or is radiated during sleeping hours, one or more of the corrections below shall be added to or subtracted from each of the above allowable levels given above:
Type of operation or character of sound. Sound occurs between the hours of 10:00 p.m. and 7:00 a.m. (local time). Corrections in decibels: -3.
Type of operation or character of sound. Sound occurs less than 5% of any one-hour period. Corrections in decibels: +5.
Type of operation or character of sound. Sound possesses prominent pure tone components (hum, scream, etc.). Correction in decibels: -5.
[Amended 3-16-1999 by Ord. No. 1094]
The limitations in this article shall not apply to the operating of motor vehicles when properly licensed, equipped, and operated according to the federal regulations and the Pennsylvania Vehicle Code; aircraft or other transportation facilities; operations of construction and demolition of buildings or structures; parades, amusement parks, recreation places, playing fields, playgrounds, public events, properly licensed public address systems, religious or group social activities, or similar activities of a temporary duration, but shall be interrupted to limit and control harmful or offensive sounds of a permanent and lasting or recurring nature or character which can be heard and measured above the ambient sounds of the community and which, because of their loudness, pitch, duration or other characteristics, are such as to unreasonably interfere with the enjoyment of life and property or constitute a public nuisance.
Editor's Note: See 75 Pa.C.S.A. § 101 et seq.
[Amended 3-16-1999 by Ord. No. 1094]
Any person, firm or corporation who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $600, plus costs, and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this article continues shall constitute a separate violation. Further, the violation of this article is hereby declared to be a nuisance.
In addition to any penalty imposed by this article and any other remedy at law or in equity, the Borough may apply to the Court of Common Pleas of Allegheny County, or any other court of record, for relief by injunction to enforce compliance with or restrain violations of any of the provisions of this article as a public nuisance.