[Ord. 602, 12/30/1991, § 1; as amended by Ord.
741, 12/30/2002, § 1]
1. For the purpose of determining and classifying any noise excessive
or unusually loud as prohibited by this Part, the following test measurement
and requirements may be applied; provided, however, that a violation
of this Part may occur without the following measurements being made:
A. The noise shall be measured within the Borough of Jefferson Hills
at a distance of at least 25 feet from a noise source located within
the public right-of-way and, if the noise source is located on private
property or public property other than the public right-of-way, at
least 25 feet from the property line of the property on which the
noise source is located.
B. The noise shall be measured on a sound-level meter.
2. A noise measured or registered as provided above from any source
more than 90 decibels on the A-weighing scale in intensity shall be
and is hereby declared to be excessive and unusually loud and unlawful.
[Ord. 602, 12/30/1991, § 2; as amended by Ord.
690, 11/9/1998; and by Ord. 741, 12/30/2002, § 1]
The following acts, among others, are declared to be loud and unnecessary in violation of this Part, even if the noises referred to do not violate the standard noise level set out in §
10-101.
A. Horns, Signal Devices and the Like.
(1)
The sounding of any horn or signal device on any automobile,
motorcycle, bus or other vehicle:
(a)
While not in motion, except as a danger signal that another
vehicle is approaching apparently out of control.
(b)
If in motion, only as a danger signal as required by the Motor
Vehicle Code of the Commonwealth of Pennsylvania.
(2)
Whenever the sound of any horn or signal device is permitted
or required, such sound shall not be unreasonably loud or harsh and
shall not be for an unnecessary or unreasonable duration of time.
B. Radios, televisions, phonographs, tape recorders, loud speakers and
amplifiers. The using, operating or permitting to be played, used
or operated either indoors or outdoors of any radio receiving set,
television receiver, musical instrument, phonograph, tape recorder,
loudspeaker, amplifier or other device for the producing or reproducing
of sound in such a manner as to disturb the peace, quiet and comfort
of the neighboring inhabitants or at any time with louder volume than
is necessary for convenient hearing for the person or persons who
are in the room, vehicle, chamber or premises in or on which said
machine or device is operated and who are voluntary listeners thereto.
C. Animals and Birds. The keeping of any animal or bird which, by causing
frequent or long-continued noise, disturbs the comfort and repose
of any person in the vicinity.
D. Defect in Vehicle or Noisy Load. The use of any automobile, motorcycle
or other vehicle so out of repair or loaded in such a manner as to
create loud or unnecessary grating, grinding, rattling or other noise.
E. Exhausts. The discharge into the open air of the exhaust of any steam
engine, mobile or stationary internal-combustion engine, motor vehicle
or motorcycle engine except through a muffler or other device which
meets the standards provided by the statutes of the Commonwealth of
Pennsylvania.
F. Trains, Vehicles and Buses. The unnecessary or prolonged blowing
or sounding of any horn, whistle, bell or other device attached to
any train, locomotive, motor vehicle, bus or truck while passing through
the Borough of Jefferson Hills.
G. Loudspeakers and Amplifiers on Vehicles. The use of mechanical loudspeakers
or amplifiers on trucks or other vehicles for advertising or other
commercial purposes.
H. Noises to Attract Attention. The use of any drum, bell, radio, loudspeaker
or amplifier or other instrument or device attached to or sound emanating
from any building or premises, whether or not enclosed, for the purpose
of advertising or attracting, by creation of such noise, customers
or prospective customers or other persons to any business, mercantile
or commercial establishment, performance, show, sale, sale at auction
or display of merchandise.
I. Garbage and Refuse Collections. The collection of garbage or refuse
by persons engaged in the business of scavenging or garbage collecting
at hours other than those specifically permitted by written approval
of the proper officers of the Borough.
J. Construction or Repair of Buildings. Construction, demolition, repair,
paving or alteration of buildings or streets or excavations when conducted
between the hours of 9:00 p.m. and 7:00 a.m., Monday through Saturday,
and all day on Sunday, unless with the express written permission
of the proper officers of the Borough of Jefferson Hills.
K. Power Lawn Mowers and Chain Saws. The operation or use of any power
lawn mower or chain saw between the hours of 9:00 p.m. and 7:00 a.m.
(9:00 a.m. on Sundays).
L. Commercial and industrial exhaust devices including exhaust fans
used in connection with a commercial or industrial structure which
cause frequent or long continuous noise which disturb the comfort
and repose of persons occupying residential property in the vicinity
of the structure.
[Ord. 602, 12/30/1991, § 3]
Exemptions from noise level limits shall be as follows:
A. Construction, repair, excavation, paving, demolition or alteration
of a street or building or premises during the hours of 7:00 a.m.
and 9:00 p.m., Monday through Saturday, when permission to do such
work has been given by the proper officers of the Borough.
B. Normal or emergency working activities of municipal, county, state
or federal government agencies and emergency activities of a public
utility.
C. Warning devices on authorized emergency vehicles and on vehicles
used for traffic safety purposes.
D. Attendant on-site noise properly concomitant with the actual performance
of sporting events.
[Ord. 602, 12/30/1991, § 4]
Whenever any provision of this Part conflicts with any other
applicable county, state or federal ordinance or statute, the higher
standard shall prevail.
[Ord. 602, 12/30/1991, § 5; as amended by Ord.
685, 11/5/1998; and by Ord. 844, 9/8/2014]
Any person, firm or corporation violating any of the provisions
of this Part shall, upon conviction thereof, be sentenced to pay a
fine of not more than $1,000 plus costs and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 30
days; provided that each day's violation shall constitute a separate
offense and notice to the offender shall not be necessary in order
to constitute an offense. In the event that such claims for fines
and penalties exceed the monetary jurisdiction of a Magisterial District
Judge as set forth in the Pennsylvania Judicial Code (relating to
jurisdiction and venue), exclusive of interest, costs or other fees,
the Borough may bring such action in the Court of Common Pleas or
may, pursuant to the Pennsylvania Judicial Code, waive that portion
of fines or penalties that exceeds the monetary jurisdictional limits
so as to bring the matter within the monetary jurisdiction of the
Magisterial District Judge.