[HISTORY: Adopted by the Borough Council of the Borough of
Prospect 11-4-1991 by Ord. No.
91-2 (Ch. 10, Part 4, of the 2006 codification).
Amendments noted where applicable.]
It is the purpose and scope of this chapter to provide regulations
defining the maximum sound levels that vehicles, appliances and equipment
shall be allowed to produce at specified distances from these devices,
and also to provide for the prohibition of other kinds of prohibited
noises. These regulations and prohibitions are intended to protect
the physical, mental and social well being of the residents of the
Borough of Prospect.
This chapter shall apply:
The following devices are exempt from the provisions of these
regulations:
A.
Police, fire, ambulance and other
governmental emergency vehicles.
B.
Backup alarm devices on trucks
and other equipment when installed and operated in accordance with
Society of Automotive Engineers recommended practice J994, "Criteria
for Backup Alarm Devices."
C.
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 successors.
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.
Any person appointed by the Borough of Prospect with responsibility
to enforce municipal ordinances; or any sworn member of the Borough
Police Department.
The twenty-four-hour period starting at local midnight.
6:00 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 of an arbitrarily chosen reference intensity. The
ratio is expressed on the decibel scale by multiplying its "base 10
logarithm" by 10.
Any device or combination of devices to accomplish a desired
end, such as a chain saw, bulldozer, etc.
Sound which is:
A noise whose sound level varies significantly with time.
Noise characterized by brief excursions of sound level. The
duration of a single impulse is usually less than one second.
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.
Noise is any sound emitted by a person, animal, vehicle,
appliance, equipment or other device and its environmental interaction.
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.
Either the owner or operator of vehicles, appliances, equipment
or devices.
Society of Automotive Engineers.
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).
A sound level meter is an instrument, or combination of instruments,
which meets or exceeds the requirements for an ANSI Type S1A or Type
S2A sound level meter.
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.
A.
Abatement. Any emission of noise
from any source in excess of the limitation established in or pursuant
to this chapter 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 Code Enforcement Officer, or
may be made by order of the Court of Common Pleas of Butler County
on complaint or petition filed on behalf of the Borough of Prospect.
B.
Nothing in this chapter 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.
C.
The police, under the direction
of the Mayor of the Borough of Prospect, shall:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(1)
Be qualified by training and
experience to perform the necessary measurements and procedures required
to determine violations of the provisions of this chapter.
(2)
File complaints with the Magisterial
District Judge to prosecute violations of this chapter.
(3)
Investigate complaints of
violations of this chapter and make inspections and observations of
noise conditions.
(4)
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 Prospect shall:[1]
A.
Prepare and maintain a record
of all orders issued by the Mayor and the Appeals Board.
A.
General. No person shall make,
permit or cause to be made any excessive noise of any kind by crying,
calling or shouting, or by means of any whistle, rattle, bell, gong,
clapper, hammer, drum, horn, hand organ, mechanically operated piano,
other musical instrument, wind instrument, mechanical device, radio,
phonograph, sound amplifying or other similar electronic device unless
said person has obtained a special permit from the Borough Secretary
as provided in this chapter.
B.
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 Prospect before 6:00 a.m. or
after 10:00 p.m. of the day unless said person has obtained a special
permit from the Mayor.
C.
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, by its boisterous nature,
disturb or destroy the peace of the neighborhood as measured at the
property line in which such building or premises is situated, or be
dangerous or detrimental to health.
D.
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 10:00 p.m.
to 6:00 a.m. of the following day, except for emergency work on public
improvements, work of public service utilities and municipal services
unless such equipment has been manufactured or modified for sound
control and meets the provisions of this chapter.
E.
Noise in handling refuse cans.
No person shall make any unnecessary noise in the handling of ash,
trash and garbage cans, either in loading or unloading, whether full
or empty.
F.
Noise in vicinity of hospitals,
schools and churches. No person shall make any unnecessary noise in
the vicinity of any hospital, or church during hours of public worship
or school during school hours.
G.
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.
H.
Noise by peddlers. No peddler
or other person who plies a trade or calling of any nature on the
streets of the Borough of Prospect 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.
I.
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.
J.
Public events. The operational
performance standards established by this chapter shall not apply
to any public performance being conducted in accordance with provisions
of a special permit obtained from Borough Council for the conduct
thereof.
K.
Vehicles. No person shall operate either a motor vehicle of a type subject to registration, except police, fire equipment, ambulances or other government emergency vehicles, at any time or under any condition of grade, load, acceleration or declaration in such a manner as to exceed the following noise limits for the category of vehicles based on a distance of 50 feet from the center of the lane traveled within the speed limit specified in this section under test procedures established by § 193-9 of this chapter.
|
Type of Vehicle
|
Speed Limit of 35 MPH or Less
[dB(A)]
|
Speed Limit of 35 MPH or More
[dB(A)]
|
|---|---|---|
|
Motor vehicle with a manufacturer's gross combination weight
rating of 10,000 lbs. or more and any combination of vehicles towed
by such motor vehicle
|
86
|
90
|
|
Any other vehicle or any combination of vehicles towed by such
motor vehicle
|
76
|
82
|
|
Any motorcycle or motor-driven cycle
|
78
|
82
|
(1)
This section applies to the
total noise from a vehicle or combination of vehicles and shall not
be construed as limiting or precluding the enforcement of any other
provisions of this Code relating to motor vehicle mufflers for noise
control.
(2)
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 subsection shall be those used
to establish compliance of a new motor vehicle with the requirements
of this chapter.
(3)
No person shall sell or lease
or offer for sale or lease a new or secondhand vehicle that produces
a maximum noise exceeding the noise limit at a distance of 50 feet
from the center line of travel as stated in this subsection. The manufacturer,
distributor, importer or designated agent shall, if requested, certify,
in writing, to the Borough that his vehicles sold or leased within
the Borough comply with the provisions of this chapter.
L.
Equipment.
(1)
No person shall operate any powered equipment or powered hand tool that produces a maximum noise level exceeding the following noise limits at a distance of 50 feet, under test procedures established by § 193-9 of this chapter.
|
Type of Equipment
|
Noise Limit
[dB(A)]
|
|---|---|
|
Construction and industrial machinery, such as crawler tractors,
dozers, rotary drills and augers, loaders, power shovels, cranes,
derricks, motor graders, paving machines, off-highway trucks, ditchers,
trenchers, compactors, scrapers, pavement breakers, compressors and
pneumatic power equipment, but not including pile drivers
|
86
|
|
Agricultural tractors and equipment
|
86
|
|
Powered commercial equipment of 2 HP or less, intended for infrequent
use in residential areas, such as chain saws, pavement breakers, log
chippers, powered hand tools, etc.
|
84
|
|
Powered equipment intended for repetitive use in residential
areas, such as lawn mowers, small lawn and garden tools, riding tractors,
snow removal equipment, etc.
|
70
|
(2)
No person shall sell or lease
or offer for sale or lease new or secondhand equipment that produces
a maximum noise exceeding the noise limit at a distance of 50 feet
as stated in this chapter. The manufacturer, distributor, importer
or designated agent shall, if requested, certify, in writing, to the
Borough of Prospect that his equipment sold or leased within the Borough
complies with the provisions of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
Any property use established in a zoning district as defined and designated under the provisions of Chapter 310, Zoning, 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.
B.
Noise levels shall be measured
in terms of the sound level in dBA using equipment which meets the
requirements established by this chapter.
C.
In all commercial 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 dBA levels shown below for the zoning district indicated from 10:00 p.m. to 6:00 a.m., of the following day, as measured under the test procedures established by § 193-9B of this chapter.
D.
Maximum sound levels [dB(A)] along
district boundaries as measured by conventional sound level meters
on slow response:
|
Residential
|
Commercial/Industrial
| |
|---|---|---|
|
A-scale levels
|
55 dB(A)
|
62 dB(A)
|
E.
In commercial zoning districts,
all activities involving the production, processing, cleaning, servicing,
testing, repair of materials, goods, or products, or any property
use shall conform with the performance standards stated above, provided
that performance standards shall, in every case, be applied at the
boundaries of the lot on which any such activities take place, except
in such cases where the maximum permitted sound levels may be exceeded
at a more distant point.
F.
In residential zoning districts,
any property use shall conform with the performance standards stated
above for residential district boundaries, provided that performance
standards shall, in every case, be applied at the boundaries of the
lot on which such use is established, except in such cases where the
maximum permitted sound levels may be exceeded at a more distant point.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
Test procedures to determine whether maximum noises emitted by new motor vehicles sold or offered for sale or lease meet the noise limits stated in § 193-7L of this chapter shall be in substantial conformity with standards and recommended practice established by the S.A.E., Incorporated, and the Pennsylvania Department of Environmental Protection.
B.
Test procedures to determine whether maximum noises emitted by powered equipment or powered hand tools, sold or leased, or offered for sale or lease, meet the noise limits stated in § 193-7L of this chapter shall be in substantial conformity with Standards and Recommended Practices established by the S.A.E., Incorporated and the Pennsylvania Department of Environmental Protection.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this chapter
shall, upon conviction in a summary proceeding under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of not more than $1,000, plus court costs
and reasonable attorneys' fees incurred by the Borough in the enforcement
proceedings. Upon judgment against any person by summary conviction,
or by proceedings by summons on default of the payment of the fine
or penalty imposed and the costs, the defendant may be sentenced and
committed to the county correctional facility for a period not exceeding
30 days. Each day that such 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 Butler County.
