[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:
PERSON
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.
A. 
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:
Table I
(Instruments calibrated in frequency bands shown in the first column below.)
Lower Limiting/Upper Limiting Frequencies
(Hz)
Maximum Permitted Sound-Pressure Level
(decibels re 0.0002 microbar)
A.
Originating at light industrial, commercial or business use or activity:
20 to 75
74
75 to 150
67
150 to 300
61
300 to 600
55
600 to 1,200
50
1,200 to 2,400
45
2,400 to 4,800
41
4,800 to 9,600
38
B.
Originating at heavy industry, manufacturing:
27 to 75
82
75 to 150
75
150 to 300
70
300 to 600
64
600 to 1,200
58
1,200 to 2,400
53
2,400 to 4,800
49
4,800 to 9,600
46
Table II
(Instruments calibrated in preferred center frequencies shown in the first column below.)
Octave Band Center Frequencies
(Hz)
Maximum Permitted Sound-Pressure Level
(decibels re 0.0002 microbar)
A.
Originating at light industrial, commercial or business use or activity:
31.5
74
63
71
125
65
250
59
500
53
1,000
48
2,000
44
4,000
40
8,000
37
B.
Originating at heavy industry, manufacturing:
31.5
82
63
79
125
73
250
68
500
62
1,000
57
2,000
52
4,000
48
8,000
44
B. 
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.
C. 
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:
(1) 
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.
(2) 
Type of operation or character of sound. Sound occurs less than 5% of any one-hour period. Corrections in decibels: +5.
(3) 
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[1]; 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.
[1]
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.