[HISTORY: Adopted by the Borough Council of the Borough of
Avalon 3-19-2019 by Ord. No. 1389. Amendments noted where applicable.]
This chapter may be cited as the "Avalon Borough Comprehensive
Noise Control Ordinance."
To provide for effective control of noise within Avalon Borough
in order to protect the health, safety, and welfare of residents and
visitors and to enhance the pursuits of life, recreation and commence
within Avalon Borough.
The following words, terms, and phrases when used in this chapter
shall have the meanings herein given, except where the context clearly
indicates a different meaning:
The keeping of dogs, cats, birds, or any animal that has
the ability to create loud, consistent sounds.
Avalon Borough, Allegheny County, Pennsylvania.
The erection, repair, renovation, demolition or removal of
any building, facility, street, road, bridge or other structures using
equipment, tools, machinery and/or the excavation, filling, grading
and regulation of lots, streets and other structures in connection
therewith.
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage.
Any work performed for the purpose of preventing or alleviating
the physical trauma or property damage threatened or caused by an
emergency.
An engine-retarding device, or any retarding device or system
that brakes on the engine rather than on the wheels as a means of
slowing or stopping a gasoline-powered or diesel-powered motor vehicle.
A vehicle that is self-propelled except an electric personal
assistive mobility device or a vehicle that is propelled solely by
human power.
A motor vehicle having a seat or saddle for the use of the
rider and designed to travel on not more than three wheels in connect
with the ground.
A device designed or used for decreasing or abating the level
of sound escaping from an engine or machinery system.
Any sound emitted by a person, animal, or noise-creating
device.
In addition to the specific noise disturbances set forth
herein, any sound that is:
Unpleasant, annoying, offensive, loud, or obnoxious to a reasonable
person of normal sensibilities; or
Unusual for the time of day or location where it is produced
or heard; or
Detrimental to or injurious to the health, comfort, or safety
of persons or animals or to the reasonable enjoyment of property or
the lawful conduct of business because of the loudness, duration,
or character of the noise; or
Endangers or injures personal or real property; or
Is in violation of any other section of this or other ordinance,
statute, or applicable regulation.
Any electrical, mechanical, or chemical device or instrument,
or combination thereof, that creates noise during its operation by
a person.
All areas of Avalon Borough excluding residential areas.
Actual control by a person.
Any individual, partnership, limited partnership, limited
liability partnership, limited liability company, association, firm,
corporation, or any other legally recognized entity. Whenever used
in any provision prescribing and imposing a penalty, "person" includes
the individual members, partners, officers and managers of any legally
recognized entity.
The Police Department employed or contracted by Avalon Borough,
or any properly authorized member or officer thereof in any other
law enforcement agency having jurisdiction within Avalon Borough.
Any self-propelled airborne, waterborne or land borne plane,
vessel or vehicle which is not designed to carry persons, including
but not limited to any model airplane, boat, car or rocket.
An imaginary line drawn through the points of contact of
adjoining lands, apartments, condominiums, townhouses and duplexes
owned, rented or leased by different persons; a demarcation or a line
of separate properties; and also, for any two or more building sharing
common grounds, the line drawn midway between any two such buildings.
All areas devoted to public rights-of-way shall be deemed to be across
the property line. As used herein, the property line includes all
points on a plane formed by projecting the property line in a manner
deemed appropriate by the enforcing police.
Affecting, or likely to affect, persons in a place to which
the public or a substantial group has access.
Any real property or structures thereon which are either
owned or controlled by Avalon Borough for the benefit and use of the
public.
Property to which the public has a legal right of access,
including but not limited to streets, alley, public sidewalks, public
parks, or similar place which is either owned or controlled by Avalon
Borough for the benefit and use of the public, but not including buildings.
All land, whether publicly or privately owned, whether improved
or not improved, with or without structures, exclusive of an areas
devoted to public rights-of-way.
Any hospital, nursing home, or day-care facility located
within Avalon Borough.
Any area within a residential zone as codified in the Avalon-Bellevue-Ben
Avon Joint Zoning Ordinance or Zoning Map that are currently identified
as Low Density Residential, Moderate Density Residential, High Density
Residential. The area zoned Mixed Use shall be included in a residential
area for the purpose of this chapter.
An auditory sensation evoked by the oscillation of air pressure.
The removal or rendering inoperative by any person other
than for purposes of maintenance, repair or replacement of any muffler
or sound-dissipative device or element of design of any motor vehicle
or motorcycle.
A motor vehicle designed primarily for the transportation
of property.
Every device in, upon or by which any person or property
is or may be transported or drawn upon a highway, except devise used
exclusively upon rails or tracks. The term does not include a self-propelled
wheel chair or an electrical mobility device operated by and designed
for the exclusive use of a person with a mobility-related disability.
The Vehicle Code of the Commonwealth of Pennsylvania (75
Pa.C.S.A. § 101 et seq.) as is hereafter amended, supplemented,
modified, or reenacted by the General Assembly of the Commonwealth
of Pennsylvania.
A.
Noise disturbance. No person shall make, continue or cause to be
made, or cause to be continued, any noise disturbance by any means,
nor shall any person suffer, allow or permit any noise disturbance,
by any means, to be made or continued from or at any property, whether
public or private, real or personal, that is subject to such person's
right to control.
B.
Specific prohibitions. The following acts and the causing thereof
are declared to be noise disturbances and rare, therefore, in violation
of this chapter:
(1)
Radios, televisions musical instruments, CD player, stereo and similar
devices. Operating, playing or permitting the operation or playing
of any radio or audio equipment (including when the noise-creating
device is operated in or on a vehicle, or hand carried, on a public
right-of-way or public space), sound amplifier, loudspeaker, television,
musical instrument, or similar device designed or used in a manner
that intends to produce or amplify sound in such a manner:
(a)
At any time and in such a manner as to cause a noise disturbance
in a residential area in such a manner as to be plainly audible across
a property line (boundary) and at a distance of 50 feet from the source,
shall be prima facie evidence of a violation of this chapter not otherwise
exempted herein.
(b)
At any time and in such manner as to create a noise disturbance
with louder volume than is necessary for convenient hearing by the
person that is operating such device and for those that are voluntary
listeners thereto, in the residential and nonresidential zoned areas.
(2)
The use of any drum, loud speaker, or other instrument or device
for the purpose of attracting attention to the sale or display of
merchandise of a commercial character.
(a)
At any time and in such a manner as to cause a noise disturbance
across a property line (boundary) in such manner as to be plainly
audible and at a distance of 50 feet from the source shall be prima
facie evidence of a violation of this chapter.
(b)
In such a manner as to cause a noise disturbance across a property
line (boundary) and at 50 feet from the source of such noise-creating
device, when the noise-creating device is operated in or on a vehicle,
or hand carried, or fixed at a location at or near a public right-of-way
or public space.
(3)
Yelling or shouting. Engaging in loud or raucous yelling, shouting,
hooting whistling or singing:
(4)
Construction. Except for emergency work, operating or permitting
the operation of any tools or equipment used in construction operations,
drilling or demolition work between the hours of 10:00 p.m. and 7:00
a.m. such that the sound therefrom creates a noise disturbance across
a property line (boundary). The provisions of this section do not
apply to any person who performs any construction, repair, or excavation
pursuant to the express written permission of the Borough.
(5)
Domestic power tools. Operating or permitting the operation of any
mechanically powered saw, drill, sander, grinder, lawn or garden tool,
leaf blowers, lawn mowers, or other powered landscape maintenance
equipment or similar device used outdoors between the hours of 10:00
p.m. and 7:00 a.m. so as to cause a noise disturbance across a property
line (boundary).
(6)
Loading and unloading. Loading, unloading, opening, closing or other
handling of boxes, crates, containers, building materials, garbage
cans or similar objects between the hours of 10:00 p.m. and 7:00 a.m.
in such a manner as to cause a noise disturbance across a property
line (boundary). This provision shall not apply to municipal or utility
services in or about a public right-of-way or public space.
(7)
Municipal waste collection. The performance of any municipal waste
collection shall be conducted from Monday through Friday between the
hours of 6:00 a.m. and 6:00 p.m. or on Saturdays between the hours
of 8:00 a.m. and 5:00 p.m. unless the municipality has granted prior
approval of an exception. No collection, hauling or transporting of
solid waste shall be permitted on Sunday.
(8)
Powered model vehicles. Operating or permitting the operation of
powered model vehicles so as to cause a noise disturbance across a
property line (boundary) between the hours of 10:00 p.m. and 7:00
a.m.
(9)
Vehicle, motor vehicle, motorcycle, motorboat or aircraft repairs
and testing. Repairing, rebuilding or testing any vehicle, motor vehicle,
motorcycle, motorboat or aircraft in such a manner as to cause a noise
disturbance across a property line (boundary) between the hours of
10:00 p.m. and 7:00 a.m.
(10)
Animals. Any animal, which by frequent and habitual barking,
howling, screeching, yelping, baying, or crowing, or in any way or
manner injures or disturbs or endangers the comfort, repose or health
of persons, declared to be committing a noise disturbance. Continuous
loud or harsh noise by an animal for a period of 10 minutes, or the
making of such noise intermittently for 30 minutes or more at any
time of the day or night, shall be prima facie evidence of a violation
of this chapter.
C.
Other prohibited acts.
(1)
Tampering. The use within the Borough of a motor vehicle or motorcycle,
which has had a muffler or sound-dissipative device or element of
design removed or rendered inoperative.
D.
Specific prohibitions on public rights-of-way. Prohibition of certain
noises upon public rights-of-way by the use of motor vehicles and
noise-creating devices.
(1)
Motor vehicles and motorcycles on public rights-of-way. No person
shall operate, or cause to be operated, a public or private motor
vehicle or motorcycle, or any equipment attached to such a vehicle,
on a public right-of-way at any time in such a manner that the operation
of the same violates the Vehicle Code. Consistent with Section 4523
of the Vehicle Code all motor vehicles and motorcycles shall be equipped
with a muffler or other effective noise suppressing system in good
working order and in constant operation and no muffler or exhaust
system shall be equipped with a cutout, bypass or similar device.
(2)
Standing vehicles. No personal shall operate or permit the operation
of any vehicle or any auxiliary equipment attached to such vehicle
for a period in excess of 15 minutes in any hour while the vehicle
is parked, stopped or standing within 150 feet of a residence, whether
on public or private property, in such a manner as to cause a noise
disturbance across a residential property line (boundary).
(a)
This provision shall not apply to vehicles performing emergency
services or to vehicles forced to remain stopped or standing because
of traffic conditions.
(b)
Notwithstanding the foregoing, diesel-powered vehicles with
a gross weight of 10,001 pounds or more are subject to restrictions
in Act 124 of 2008, 35 P.S. §§ 4601-4610, the Diesel-Powered
Motor Vehicle Idling Act.
(3)
Engine brake retarders. No person shall use an engine brake retarder
device in Avalon Borough.
(4)
Squealing tires. No person shall cause or allow the tires of a motor
vehicle, which the person is operating, to squeal except when necessary
in order to avoid a collision with another person, vehicle or other
property.
(5)
Racing engine/rapid throttle advance. No personal, while occupying
any public right-of-way shall operate any noise-creating device in
such a manner that the public's attention is drawn to the source
of the noise. The prohibition of this section shall include racing
the engine or rapid throttle advance and/or revving of an internal
combustion engine resulting in increase of noise from the engine.
E.
Prima facie violation. The noise from any of the aforesaid prohibit
acts that is heard by the police shall be prima facie evidence of
a noise disturbance.
The provisions of this chapter shall not apply to the following:
A.
Blasting. Sounds resulting from blasting activities that have been
authorized by the Borough, which blasting may occur only between the
hours of 7:00 a.m. and 5:00 p.m. Monday through Friday, unless specifically
authorized.
B.
Events. Events such as, but not limited to, concerts, block parties,
carnivals, festivals, fireworks, or other performances or similar
activities publicly or privately sponsored and presented in any public
or private space outdoors, provided that such activities do not occur
between the hours of 10:00 p.m. and 7:00 a.m. unless specific permission
by the Borough has been obtained.
C.
Emergency work. Sounds resulting from the performance of emergency
work or by the ordinary and accepted use of emergency apparatus and
equipment.
D.
Municipal and utility services. Sounds resulting from the repair,
maintenance or replacement of any municipal or utility installation
in or about the public right-of-way or any public space.
E.
Snow removal. Sounds resulting from the use of snowplows, tractors
or snow blowers used in connection with snow removal from private
or public property.
F.
School and public activities. Sounds resulting from organized school-related
programs, activities, athletic and entertainment events or other public
programs, activities or events that serve the public interest, provided
such programs, activities or events do not occur between the hours
of 10:00 p.m. an 7:00 a.m.
G.
Warning devices. Sounds or sirens, alarms, public address system
or other communication device or equipment made by warning devices
operating continuously for no more than three minutes, except that
in the event of an emergency, the time limitation shall not apply.
A warning device or siren used in connection with the operation of
a police care, fire truck or apparatus, train, ambulance or any other
emergency or other vehicle in the event of an emergency or as part
of a warning. Such to include but not be limited to generators used
during an emergency for law enforcement purposes. Whether such is
for an actual emergency, practice or for drill purposes.
H.
Bells and chimes. Routine and customary ringing of bells and chimes
in the performance of an institutional or commercial function in residential
or nonresidential areas, whether such bells and chimes are through
a recording or other amplified process.
I.
Official duty. Any noise created by a government entity, official
or employee in the performance of an official governmental duty or
activity, whether such is for an actual emergency, practice or drill
purposes.
J.
Any sound created by the arrival or departure of a helicopter during
an emergency.
K.
Any sound related to construction or repair activities, municipal waste collection or law care equipment which is not in violation of § 260-4B of this chapter.
L.
Public amplification or address system used at an athletic or other
public event including those help at public parks.
M.
Authorized activity. Any noise for an event or activity for which
approval is necessary and has been issued by the Borough, including
expression or communication protected by the United States Constitution,
may be obtained as long as any approval conditions relative to noise
have not been violated. Such authorization shall be requested through
Avalon Borough and shall be approved by Borough Council or other appointed
representative of Avalon Borough.
The provisions of this chapter are intended to supplement all
other provisions of these Codified Ordinances and shall not be deemed
to preempt or preclude application of any of the other provisions
of the Codified Ordinances except existing conflicting provisions
of this chapter, which are repealed by this chapter.
A.
Any person who violates or permits a violation of this chapter shall,
upon being found liable therefore, pay a fine of not more than $600
plus court costs and reasonable attorneys' fees incurred by the
Borough in the enforcement proceedings. If the penalty is not paid,
the Borough shall initiate a civil action for collection in accordance
with the Pennsylvania Rules of Civil Procedure. Each day a violation
exists shall constitute a separate offense, and each section of this
chapter that is violated shall also constitute a separate offense.
In addition to or in lieu of enforcement under this section, the Borough
may enforce this chapter in equity in the Court of Common Pleas of
Allegheny County.
B.
In addition to the above penalties, the Borough may seek such equitable
or other remedies, as may otherwise be available which are deemed
to supplement the other enforcement provisions including civil process
to obtain a restraining order, preliminary or permanent injunction
or any matter provided by the law for abatement of a nuisance.
If any provision of this chapter or the application thereof
to any person or circumstance is held invalid, such holding shall
not affect the other provisions or applications of this chapter which
can be given effect without the invalid provision or application and,
to this end, the provisions of this chapter are declare severable.
