[Adopted 12-11-2000 by Ord. No. 00-10]
It is the purpose and scope of this part to provide regulations
defining the maximum sound levels that vehicles, appliances and equipment
shall be allowed to produce at specific distances from these devices
and also to provide for the prohibition of specific sources of noises.
These regulations and prohibitions are intended to protect the physical,
mental and social well-being of the residents of the Borough of Sharpsburg.
This part shall apply:
The following devices are exempt from the provisions of these
regulations:
1.
Aircraft (except model aircraft).
2.
Police, fire, ambulance and other governmental emergency vehicles.
3.
Back-up alarm devices on vehicles and other equipment when installed
and operated in accordance with the Society of Automotive Engineers'
recommended practice J 994, "Criteria for Back-up Alarm Devices."
4.
Governmental warning devices (i.e., civil defense or fire siren).
All acoustical terminology shall be that contained in ANSI S1.1,
"Acoustical Terminology."
American National Standards Institute or its successor.
Any device or combination of devices used or capable of being
used as a means of accomplishing a desired end, such as a window air-conditioning
unit.
The measured sound level in the area without the sound contribution
of the specific source in question.
The twenty-four-hour period starting at local midnight.
7:00 a.m. to 6:00 p.m.
A unit of sound level which is a division of logarithmic
scale used to express the ratio of the sound intensity of the source
to the intensity or an arbitrarily chosen reference intensity. The
ratio is expressed on the decibel scale by multiplying its base 10
logarithm by 10.
Any devices or combination of devices to accomplish a desired
end, such as a chain saw, bulldozer, etc.
Excessive noise is that sound which is injurious or which
unreasonably interferes with the comfortable enjoyment of life and
property. Measured noise levels in excess of limits established in
these regulations or those specified in valid permits are declared
to be excessive noise, annoying to a person of ordinary sensibilities.
The presence of a vibration or vibrations:
A fluctuation noise whose sound level varies significantly
with time.
Impulsive noise is characterized by brief excursions of sound
level. The duration of a single impulse is usually less than one second.
An intermittent noise is a noise whose sound level exceeds
the ambient noise levels at least twice during the period of observation,
which is one minute or more. The period of time during which the level
of the noise remains at an essentially constant value different from
that of the ambient is on the order of one second or more.
The presence of a sound or sounds of such intensity, duration,
frequency or character which would cause a person of ordinary or reasonable
sensibilities to be annoyed, disturbed, or cause or tend to cause
adverse psychological and physiological effects on such persons.
Any person appointed by the Borough of Sharpsburg with responsibility
to enforce Borough ordinances; or any sworn member of the Borough
Police Department.
The period of observation is the time interval during which
acoustical data is obtained. The period of observation is determined
by the characteristics of the noise being measured and the instrumentation
being used. The period of observation must be at least as long as
the response time of the instrumentation. The greater the variance
in individual sound level, the longer must be the observation time
for a given expected accuracy of measurement.
Any individual, natural person, syndicate, association, partnership,
firm, corporation, institution, agency, authority, department, bureau
or instrumentality of federal, state or local government or other
entity recognized by law as a subject of rights and duties.
All land whether improved or not improved within or without
structures.
The surveyed line at ground surface which separates the facility
owned, rented or leased by one or more persons from any other such
facilities.
Airborne sound levels are expressed in dB and obtained by
the use of specific frequency-dependent weighting networks, as specified
in the referenced standards. The specific weighting network used must
be indicated by the proper notation. If the A-weighting is employed,
the sound level is identified as dB(A).
An instrument or combination of instruments which meets or
exceeds the requirements for an ANSI Type S1A or Type S2A sound level
meter.
The instantaneous differences between the actual pressure
and the average or barometric pressure at a given point in space,
as produced by sound energy.
Any entities of sound and/or vibration.
A noise whose level remains essentially constant (i.e., fluctuations
are less than five dB) during the period of observation is a steady
noise.
Any device or combination of devices used for or capable
of being used for transporting persons or property. Vehicles include,
but are not limited to, the following: automobiles, trucks, buses,
motorcycles, motorized bicycles, snowmobiles, scooters, all-terrain
vehicles, go-carts, racers and like devices, farm machinery, industrial
machinery, highway graders, trailers, graders and semitrailers.
An oscillatory motion of solid bodies of deterministic or
random nature described by displacement, velocity or acceleration
with respect to a given reference point.
1.
Abatement. Any emission of noise from any source in excess of the
limitation established in or pursuant to this part herein described
shall be deemed and is hereby declared to be a public nuisance and
may be abated, in addition to the administrative proceedings, fines
and penalties herein provided. Such abatement may be made by any police
officer or the ordinance enforcement officer, or may be made by order
of the Court of Common Pleas of Allegheny County on complaint or petition
filed on behalf of the Borough of Sharpsburg.
2.
Nothing in this part shall be construed to impair any cause of action
or legal remedy thereof of any person or the public for injury or
damage arising from the emission or release into the atmosphere or
ground from any source whatever of noise in such place or manner or
at such levels which may give rise to such cause of action.
3.
The noise enforcement officers of the Borough of Sharpsburg shall:
A.
Be qualified by training and experience to perform the necessary
measurements and procedures required to determine violations of the
provisions of this part.
B.
File complaints with the Magisterial District Judge to prosecute
violations of this part.
C.
Investigate complaints of violations of this part and make inspections
and observations of noise conditions.
D.
Be authorized to issue a warning to persons considered in violation
of these regulations, a warning which may allow an appropriate time
not to exceed 30 calendar days for correction to bring the offending
vehicle(s), appliance(s), equipment or other device(s) within the
provisions of these regulations before enforcement by prosecution.
The Borough of Sharpsburg shall:
1.
Have available in convenient form as in a unit the provisions of
this part and the recommended practices, rules, regulations and standards
which have been adopted. A copy of the information sources shall be
kept on file in the Borough of Sharpsburg offices.
2.
Prepare and maintain records of all orders issued by the noise enforcement
officers and the Appeals Board.
3.
By the Mayor and Council officials, issue all standards, permits,
certificates, notices or other matters required under the provisions
of this part, and notify all persons concerned of any decisions rendered,
and provide such persons with an opportunity to be heard as herein
set forth.
4.
Establish an advisory committee to investigate and make recommendations
from time to time to Council with respect to needed additions or revisions
of this part.
1.
Council shall establish an Appeals Board consisting of five members
to hear and decide cases regarding interpretations of this part and
variances for undue hardship situations.
2.
The membership of the Appeals Board shall contain at least one member
who is qualified by training and expertise in the field of noise control
regulations.
2.
Vibration levels shall not exceed 0.2 inches per second beyond any
source property boundary or 30 yards from any moving source.
3.
Determination of background sound level. The enforcement officer
shall request the operator to discontinue the suspected source of
noise in order to measure the background sound level. In the event
this is not feasible, a measurement location shall be selected in
the immediate vicinity at such a point to minimize the alleged noise
source contribution to the total sound level.
1.
Musical instruments. No person shall use or perform on any hand organ
or other musical instrument or device, for pay or in expectation of
payment, in any public way or public open space of the Borough of
Sharpsburg before 7:00 a.m. or after 6:00 p.m. of the day, unless
said person has obtained a special permit from the Mayor or Borough
officials.
2.
Noise from premises. No person owning or in possession or control
of any building or premises shall use the same, permit the use of
the same, or rent the same to be used for any business or employment
or residential use or for any purpose of pleasure or recreation if
such use shall disturb or destroy the peace of the neighborhood as
measured at the property line in which such building or premise is
situated or be dangerous or detrimental to health.
3.
Equipment noise. It shall be unlawful for any person to use any pile
driver, shovel, hammer, derrick, hoist, tractor, roller or other mechanical
equipment operated by fuel or electric power in building or construction
operations from 6:00 p.m. to 7:00 a.m. of the following day, except
for emergency work to abate or help abate an immediate threat to the
health, safety and welfare of the general public, unless such equipment
has been manufactured or modified for sound control and meets the
provisions of this part.
4.
Noise in handling refuse cans. No person shall make any unnecessary
noise in the handling of trash and garbage cans, either in loading
or unloading, whether full or empty, so as to constitute annoyance
to a person of ordinary sensibilities.
5.
Noise in vicinity of hospitals, nursing homes, houses of worship,
courthouses, school and libraries.
A.
Sound levels from a specific external source, excluding construction,
shall not exceed two dB(A) above background sound level at the property
boundary of any hospital or nursing home at any time.
B.
Sound levels from a specific external source, excluding construction,
shall not exceed two dB(A) above background sound level at the source
of complaint origination where said source of complaint is within
any house of worship, school, library or courthouse.
6.
Unlawful to keep noisy animals. No person shall keep or permit to
be kept, harbor or otherwise maintain any animal which shall disturb
the quiet of any public street or other public place or of any neighborhood;
provided, however, that a noisy animal shall be defined as one or
more animals which makes noises habitually so as to constitute annoyance
to a person of ordinary sensibilities.
7.
Amplified sound. Amplified sounds from commercial, industrial and
institutional establishments shall not exceed three dB(A) above background
level beyond the property boundary.
8.
Noise by peddlers. No peddler or other person who plies a trade or
calling of any nature on the streets of the Borough of Sharpsburg
shall use any horn, bell or other sound instrument to make any noise
tending to disturb the peace and quiet of the neighborhood for the
purpose of directing attention to his wares, trade or calling.
9.
Use of horns and other devices on vehicles. No person operating any
vehicle, other than police, fire, public service or ambulance operators,
shall sound any horn, bell, gong, siren or whistle, except for the
ordinary horn installed on such vehicle by the manufacturer, or sound
any type of horn, except when reasonably necessary to prevent accidents
or to otherwise comply with the law of motor vehicles.
10.
The operational performance standards established by this part shall
not apply to any public performance being conducted in accordance
with provisions of a special permit obtained from the Borough of Sharpsburg
for the conduct thereof.
11.
Motor vehicles. All motor vehicles shall comply with all federal
and state laws and regulations, including the regulations of the Pennsylvania
Department of Transportation, Title 67, Chapter 157, Established Sound
Levels, which are incorporated herein as if set forth at length.
A.
No person shall modify or change the exhaust muffler, intake muffler
or any other noise-abatement device of a motor vehicle so that the
noise level is increased above that emitted by the vehicle as originally
manufactured. Procedures used to establish compliance with this paragraph
shall be those used to establish compliance of a new motor vehicle
in addition to the requirements of this part, if applicable.
Maximum permissible noise levels above background sound level,
unless otherwise specifically designated herein, measured at point-of-complaint
origination or boundary:
|
Continuous Time Period
|
Measured at Residential Site
(dBA)
|
Measured at Business, Mixed-Use and Industrial Site
(dBA)
|
|---|---|---|
|
Longer than 1 minute
|
5
|
10
|
|
1 minute or less
|
15
|
20
|
1.
Any property use established in a zoning district as defined and designated under the provisions of the Borough of Sharpsburg Zoning Ordinance (Chapter 27) shall be such as to comply with the performance standards governing noise set forth hereinafter for the district in which such use shall be located. All references to residential, business, mixed-use or industrial shall refer to those zoning districts as defined and designated under the provisions of the Borough of Sharpsburg Zoning Ordinance (Chapter 27) unless specifically designated otherwise.
2.
Noise levels shall be measured in terms of the sound level in dB(A),
using equipment which meets the requirements established by this part.
3.
In all business, mixed-use and industrial zoning districts, at no point on the boundary of any residential zoning district shall the sound level of any individual operation or business or the combined operations of any person, firm or corporation exceed the dB(A) levels set forth in § 10-710 for the zoning district indicated from 6:00 p.m. to 7:00 a.m. of the following day, as measured under the test procedures established by § 10-708 of this part. The maximum sound levels established in this section to be applied to the boundaries of a lot shall not apply to construction sites and emergency operations.
[Amended 2-21-2013 by Ord. No. 13-05]
Any person, firm or corporation who shall violate any provision
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. Each day that a violation of this part continues or each section
of this part which shall be found to have been violated shall constitute
a separate offense.
