Borough of Jefferson Hills, PA Part 1 NOISE LEVELS

§ 10-101 Measurement Standards; Noise Level Limit.

[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.

§ 10-102 Unlawful Noise and Activities.

[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.

§ 10-103 Exemptions.

[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.

§ 10-104 Conflict With Other Regulations.

[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.

§ 10-105 Violations and Penalties.

[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.