City of Altoona, PA: Noise

Editor's Note: This ordinance also repealed former Ch. 470, Noise, adopted 6-27-2007 by Ord. No. 5568, as amended.

The purpose of this chapter is to ensure the public health, safety and welfare shall not be abridged by the making and creating of public nuisances from disturbing, excessive, or offensive noises. These regulations and prohibitions are intended to protect the physical, mental and social well-being of the residents of the City of Altoona and to foster mutual respect among residents with regard to living and working environments being free of noise pollution.

It shall be unlawful for any person to make, continue, or cause to be made any loud, unnecessary, excessive, or unusual noise or any noise which either annoys, disturbs, injures or endangers the comfort, restfulness, health, peace or safety of others within the City, or is annoying to a person of ordinary sensibilities as hereinafter set forth.

§ 470-2 Definitions.

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:

Injurious or which unreasonably interferes with the comfortable enjoyment of life and property; or

Annoying to a person of ordinary sensibilities.

MUFFLER or SOUND-DISSIPATIVE DEVICE

Any device designed and/or used for decreasing or abating the level of sound escaping from an engine or machinery system.

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 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

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:

The imaginary line, including its vertical extension, that separates one parcel of real property from another;

The vertical and horizontal boundaries of a dwelling unit that is part of a multi-dwelling-unit building; or

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.

§ 470-3 Applicability.

This chapter shall apply:

(1)

To all types of appliances and equipment, whether privately or publicly owned.

(2)

To sounds at any time and duration.

(3)

To both the owner and operator of appliances, equipment, devices or any other object creating noises.

(4)

To sound emanating from the following property categories:

(a)

Industrial facilities;

(b)

Commercial facilities;

(c)

Public service facilities;

(d)

Community service facilities;

(e)

Residential properties;

(f)

Multi-use properties;

(g)

Public and private rights-of-way;

(h)

Public spaces; and

(i)

Multi-dwelling-unit buildings.

(5)

To sound received at the following property categories:

(a)

Commercial facilities;

(b)

Public service facilities;

(c)

Residential properties;

(d)

Multi-use properties; and

(e)

Multi-dwelling-unit buildings.

The provisions of this chapter are not intended to interfere with, abrogate or annul other rules, regulations or ordinances, including Title 18 (Crimes Code) and Title 75 (Vehicle Code), Pennsylvania Consolidated Statutes. If more stringent requirements concerning noise abatement are contained in the other statutes, rules, regulations or ordinances, the more stringent regulation shall apply.

§ 470-4 Exemptions.

The following devices are exempt from the provisions of this chapter:

Aircraft (except model aircraft and/or drones).

Police, fire, ambulance, and other governmental emergency vehicles.

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."

Governmental warning devices (i.e., civil defense and fire siren).

The provision, repair and maintenance of municipal services or public utilities.

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.

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.

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.

Motor vehicles regulated by other rules, regulations or ordinances.

Musical, recreational and athletic events conducted by schools or local government.

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.

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.

§ 470-5 Unlawful acts.

Except as otherwise provided in this chapter, it shall be unlawful for any person to make or cause to be made any excessive noise or to allow any excessive noise to be caused or made in or on any real or personal property occupied, controlled or owned by that person.

In addition to the foregoing, it shall also be unlawful for any person to create, assist in creating, or as owner, lessee or occupant of the property on which the activity is located permit any of the following acts:

(1)

Radios, stereos, and musical instruments. The playing of any radio, stereo, television set, amplified or unamplified musical instrument, loudspeaker, tape recorder, compact disc player, or other such electronic sound-producing devices, in such a manner or with volume that is:

(a)

Plainly audible at a distance beyond the property line of a single-family dwelling unit from which it is generated or outside of the duplex dwelling unit or individual dwelling unit of the multiple-family dwelling unit from which it is generated that would be annoying to a person of ordinary sensibilities; or

(b)

Plainly audible at a distance from the vehicle in which it is generated that would be annoying to a person of ordinary sensibilities; or

(c)

Plainly audible at a distance from its location on public property or private property open to the general public that would be annoying to a person of ordinary sensibilities.

(d)

Causing or has caused vibrations with a bass within a dwelling unit or within a vehicle other than the unit or vehicle from which it is/was generated.

(2)

To the extent that the property and/or the activities on the property are governed and subject to the rules and regulations of the Pennsylvania Liquor Control Board (PLCB), the PLCB rules and regulations regarding noise shall apply.

(3)

Shouting and whistling. Continuous or repeated yelling, shouting, loud whistling, or loud singing, so as to disturb the peace, comfort, or repose of others within the City by being plainly audible to persons within any dwelling, hotel, hospital, office or other type of residence other than that from which it originates that would be annoying to a person of ordinary sensibilities.

(4)

Animals and birds, etc. The keeping of any animal(s) or bird(s), including dogs, which by causing frequent or long continued noise shall disturb the comfort or repose of any person in the vicinity.

(5)

Whistles or sirens. The blowing of any amplified or electronic whistles, vuvuzelas, air horns or sirens, except to give notice of the time to begin or stop work or as a warning of fire or other danger.

(6)

Loading operations. Loading, unloading, opening or otherwise handling boxes, crates, containers or similar objects between the hours of 9:00 p.m. and 7:00 a.m. the following day in such a manner as to create a noise disturbance within a residential district, except during an emergency.

(7)

Construction noise. Operating or causing to be operated any equipment used in construction, repair, alteration or demolition work on buildings, structures, streets, alleys or appurtenances thereto in the following manner:

(a)

With sound control devices or standard noise-reducing equipment which has been tampered with or not being operated within the manufacturer's specifications or otherwise not in proper operating condition; or

(b)

Between the hours of 7:00 p.m. and 7:00 a.m. the following day on weekdays and Saturdays and between 7:00 p.m. on Saturday evenings and 9:00 a.m. on Sunday, which creates a noise disturbance, unless otherwise exempted in this chapter, or by an act of Council.

(8)

Power equipment. Operating, or permitting to be operated, any power saw, sander, drill, grinder, garden equipment or tools of a similar nature, outdoors between the hours of 9:00 p.m. and 7:00 a.m. weekdays and Saturdays and between 9:00 p.m. on Saturday evenings and 9:00 a.m. on Sundays, in such a manner as to create a noise disturbance.

(9)

Devices to attract attention. The continuous or repeated use of any drum, loudspeaker, amplifier, car alarm or other instrument or device for the purpose of attracting attention so as to disturb the peace, comfort, or repose of others within the City of Altoona being plainly audible to persons within any dwelling, hotel, hospital, office or other type of residence other than that from which it originates.

(10)

Other excessive noise. The creation of any other excessive or unreasonably loud noise which disturbs the peace, comfort, or repose of others within the City of Altoona being plainly audible to persons within any dwelling, hotel, hospital, office or other type of residence other than that from which it originates.

§ 470-6 Enforcement.

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.

§ 470-7 Violations and penalties.

Whoever violates any provisions of this chapter shall, upon conviction thereof in a summary proceeding, be fined not less than $150 and not more than $1,000 for a first offense, not less than $300 and not more than $1,000 for a second offense, and not less than $500 and not more than $1,000 for a third or subsequent offense, to be collected as other fines and costs are by law collectible, or imprisoned for not more than 90 days, or both. Each day during which a violation occurs shall constitute a separate offense.

This chapter and the foregoing penalties shall not be construed to limit or deny the right of the City or any person to such equitable or other remedies as may otherwise be available with or without process of law.