[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.
Blasting and explosives operations — See Ch.
193.
[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.
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.
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.
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.