[HISTORY: Adopted by the Board of Commissioners of the Township of North Huntingdon as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Alarm systems — See Ch. 163.
Animals — See Ch. 175.
Blasting and explosives operations — See Ch. 193.
Zoning — See Ch. 555.
[Adopted 6-17-1992 by Ord. No. 800 (Ch. 97, Art. I, of the 1975 Township Code)]
The following words and terms, as used herein, shall have the following meanings:
CONTINUOUS NOISE
A noise which normally continues for a period of time necessary for an operator of a sound-level meter as set forth in the table in § 355-3 hereof.
DAYTIME HOURS
The hours between 7:00 a.m. and 11:00 p.m.
DIRECTOR
The Code Enforcement Officer and/or the Township of North Huntingdon Police Department or their respective designees or such other person or persons as designated by the Board of Commissioners by resolution.
NIGHTTIME HOURS
The hours between 11:00 p.m. and 7:00 a.m.
PERSON
Any individual, firm, corporation, association or partnership.
SPORADIC NOISE
Any noise which does not normally continue for a period of time necessary to obtain decibel readings.
It shall be unlawful for any person, in the operation of an air-conditioning unit or units or apparatus installed in or attached to buildings or located on premises appurtenant to buildings, to make or produce excessive noise, thereby causing annoyance, inconvenience or detriment to the public or to any other person or persons. Noise shall be considered excessive if the sound pressure from the air-conditioning unit or units and equipment or other type of mechanical equipment or apparatus exceeds the limits hereinafter set forth.
A. 
The maximum permissible sound-pressure levels at specified points of measurement for continuous noise radiated from premises shall not exceed the following:
Hours of Duration, per Day
Sound Level, A-Weighting, Slow Response
(decibels)
8
90
6
92
4
95
3
97
2
100
1 1/2
102
1
105
1/2
110
1/4 or less
115
NOTE: Extracted from the United States Department of Labor Noise Regulations.
B. 
When the source of complaint originates inside of a building or structure, the microphone shall be placed three feet from the nearest window in the room where the source of complaint originates and not less than three feet above the floor, in which case the table of sound pressure shall be used.
C. 
When the source of complaint originates outside, the microphone shall be placed at the source of the complaint but no closer than three feet above the ground, in which case the table of sound-pressure levels shall be used.
D. 
If, as a result of such test, the air-conditioning unit and equipment or other mechanical equipment or apparatus is found to violate the provisions of this article, the operation thereof shall forthwith be discontinued and not be resumed unless and until proper corrections have been made therein, which shall first have been approved by the Director.
No person shall create any sporadic noise which exceeds a sound-pressure level of 90 decibels during daylight hours and 70 decibels during nighttime hours.
Sound levels shall be measured with a sound-level meter and associated octave band analyzer manufactured according to standards prescribed by the American Standards Association, New York, New York. The sound-pressure meter shall be calibrated at least once each year, commencing with the year 1992.
A. 
Traffic noises, noises created by governmental units and noises created by emergency and civil defense activities shall be exempt from the application of this article.
B. 
Noises created by construction work and the repair and maintenance of any building or structure shall be exempt, but only during the hours of 8:00 a.m. to 6:00 p.m.
C. 
Nothing in this article shall be construed to apply to church bells or chimes.
A. 
The enforcement of the provisions contained in this article shall be by the Township of North Huntingdon Police Department and/or the Code Enforcement Officer of the Township of North Huntingdon.
B. 
Any person, firm or corporation who violates the provisions of this article shall, upon conviction, be sentenced to pay a fine of not less than $100 nor more than $1,000, plus the costs of prosecution, and, in default of the payment of the fine and costs of prosecution, shall be imprisoned for a period not exceeding 30 days. Whenever such person shall have been notified by the Magisterial District Judge of a summons in a prosecution or in any other way that he is committing a violation of this article, each day in which he shall continue such violation after notification shall constitute a separate offense, punishable by a like fine or penalty. Such fines or penalties shall be collected before any Magisterial District Judge as like fines or penalties are now by law collected.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
This article shall be cumulative and shall be in addition to other Township ordinances and regulations and, in particular, to any ordinance pertaining to disorderly conduct.
[Adopted 11-18-2020 by Ord. No. 2261]
As used in this article, the following terms shall have the meanings indicated:
ANIMAL NOISE
Allowing or knowingly permitting an animal to make frequent or long continued sounds, including (but not limited to) barking, whining, screeching, calling, howling, chirping or yowling in an excessive, continuous, habitual or untimely fashion, or to make other noise in such a manner so as to result in a serious annoyance or interference with the reasonable use enjoyment or neighboring premises. Any such sound which is made for more than 15 minutes during any thirty-minute period shall be deemed to be an annoying sound.
DISTURBING, OFFENSIVE, LOUD NOISE OR SOUND
It shall be unlawful for any person to willfully make or continue, or cause to permit to be made or continued, any loud, unnecessary, or unusual which unreasonably disturbs the peace and quiet of any neighborhood or which causes annoyance to any reasonable person.
KNOWINGLY
Having general knowledge of or reason to know or a belief or grounds for belief which warrants further inspection of the character, nature and level of the sound or noise which would cause annoyance to inhabitants of the Township.
PERSON
Any individual, association, partnership or corporation, and includes any officer, employee, department, agency or instrumentality of a state. Whenever used in any clause prescribing and imposing a penalty, "person" includes the individual members, partners, officers and managers, or any of them, of partnerships and associations and, as for corporations, the officers and mangers thereof, or any of them.
It shall be unlawful for any person to make, produce or cause any disturbing, offensive, loud noise or sound by their own conduct or action or by their operation of any radio, TV, speakers or similar devices. Operation of any piece of equipment, machinery, vehicle or other noise or sound-making device or instrument of such a high volume or of such a nature, between the hours of 10:00 p.m. and 7:00 a.m., Sunday through Thursday, 11:00 p.m. and 7:00 a.m., Friday and Saturday along with Memorial Day, Fourth of July and Labor Day. If there is a noise complaint during the hours not listed above, either Code Enforcement Officer or police officer shall investigate and verify the noise complaint before any enforcement actions or penalties are taken. If the noise complaint is verified and the noise is determined to be disturbing, loud and offensive, then action may be taken.
Operating or permitting the operation of any tools machinery or equipment used in construction operations, in a residential or commercially zoned district between the hours of 9:00 p.m. and 7:00 a.m., Monday through Friday, and 9:00 p.m. and 8:00 a.m., Saturday through Sunday, so as to be plainly audible across a property boundary.
It shall be unlawful for any person any time of the twenty-four-hour day to knowingly permit or allow animal noise and upon written or verbal request by the Township of North Huntingdon Code Enforcement Officer or police officer shall take action to stop or abate the animal noise immediately.
Any person responsible for creating or causing such a disturbing, offensive, loud noise or sound, and upon a complaint being received by the Township of North Huntingdon and verified. The person shall abate, suspend, alter or remove the annoying sound or noise promptly upon notice (verbal or written) by a police officers or Code Enforcement Officer of North Huntingdon Township. Failure or refusal to abate the noise shall result in a citation being issued for violation of the article.
Any person who violates any provision of this article and verified by the Code Enforcement Officer or police officer shall, upon conviction thereof, be sentenced to pay a fine not to exceed $150 for the first offense, $500 of the second offense and $1,000 for a third and subsequent offense. Verbal or written warnings may be issued when dealing with a first offense violation of this article or the second or subsequent offenses if the acts are random and not habitual.
A. 
Any person who violates any provision of this article at a single property as verified by the Code Enforcement Officer or police officer and found in violation of this article three consecutive times in a twelve-month period shall have the property declared a nuisance property by North Huntingdon Township.
B. 
The fines for subsequent violations shall be doubled and no warnings shall be issued for violations.
C. 
If the nuisance property is not owner occupied, the owner of the property shall be notified via certified U.S. mail of the violations and the declaration of nuisance by North Huntingdon Township.
D. 
A property will be released from the nuisance declaration, upon petition of the owner, once going 12 consecutive months without a violation or by change in tenants and/or ownership.
A. 
Government/public utility: state, municipal and public utility service work anytime within the twenty-four-hour day.
B. 
Emergency work: sounds caused by the performance of emergency work or by the ordinary and accepted use of emergency apparatus.
C. 
Outside organized activities. School activities, bands, concerts, block parties, church carnivals or other performances or similar activities publicity or privately sponsored and presented in any public space outdoors, provided that such activities do not occur during the prohibited hours.
D. 
Shooting ranges. Shooting ranges shall be exempt from the provisions of this article pursuant to Pennsylvania Statute, 35 P.S. § 4501.
The Township of North Huntingdon may grant a variance to any portion of this article upon application by any person who owns, controls or operates the sound source that does not comply with the provisions or standards of this article.
Each section, paragraph, sentence, and provision of this article is separable, and if any provision is held unconstitutional or invalid for any reason, such decision shall not affect the remainder of this article.