[HISTORY: Adopted by the Borough Council of the Borough of
Canonsburg 10-12-2020 by Ord. No.
1347. Amendments noted where applicable.[1]]
[1]
Editor's Note: Former Ch. 121, Nuisances, adopted 10-10-2008
by Ord. No. 1285-B, was repealed 10-12-2020 by Ord. No. 1346.
A.
Title. This chapter shall be known and may be cited as the "Borough
of Canonsburg Noise Control Ordinance."
B.
Purpose. This chapter is adopted to ensure that public health, safety
and welfare shall not be abridged by the making and creating of public
nuisances from disturbing, excessive or offensive noises in the Borough
of Canonsburg. The residents of the Borough of Canonsburg recognize
that uncontrolled noise represents a danger to the health and welfare
of their neighbors. This chapter attempts to foster mutual respect
among residents and to establish a community position against noise
pollution.
C.
Scope. This chapter applies to all persons, property, animals, equipment,
appliances, instruments and other sound-emitting devices, as regulated
herein.
D.
Relationship with other restrictions. The provisions of this chapter
are not intended to interfere with, abrogate or annul other rules,
regulations or ordinances, including Title 18 (Crimes Code) and Title
75 (Vehicle Code), Pennsylvania Consolidated Statutes. The Borough
will enforce this chapter in lieu of Section 493(34) of the Liquor
Code.[1]
[1]
Editor's Note: See 47 P.S. § 4-493(34), Noise.
The following words and phrases, when used in this chapter,
shall have, unless the context clearly indicates otherwise, the meanings
given to them in this section:
Standards adopted by professional bodies in the field of
acoustical and mechanical engineering including techniques recommended
by the manufacturer of the equipment causing the noise disturbance.
The Borough of Canonsburg, Washington County, Pennsylvania.
The zoning districts as set forth on the Zoning Map of the
Borough of Canonsburg.
Any sound emitted by a person, an appliance, equipment, instrument,
other device or an animal other than a barking dog.
Any noise which:
Includes an individual, firm, association, organization,
partnership, trust, company, corporation or any other similar entity.
A.
General prohibitions. It shall be unlawful for any person(s) to make
or cause to be made, a noise disturbance within the limits of the
Borough of Canonsburg, except as provided in this chapter. All such
disturbances are declared to be public nuisances.
B.
Specific prohibitions. The following are specifically prohibited,
except as otherwise provided in this chapter:
(1)
Radios, television sets, phonographs, compact discs, cd-rom and computer-generated
musical instruments and similar devices, as follows:
(a)
Operating or permitting the use of operation of any musical
instrument, radio, television, phonograph, compact disc, CD-ROM and
computer-generated musical instruments, or other device for the production
of sound, in such a manner as to cause a noise disturbance.
(b)
Operating any such device between the hours of 9:00 p.m. Sunday
to 7:00 a.m. Monday, 9:00 p.m. Monday to 7:00 a.m. Tuesday, 9:00 p.m.
Tuesday to 7:00 a.m. Wednesday, 9:00 p.m. Wednesday to 7:00 a.m. Thursday,
9:00 p.m. Thursday to 7:00 a.m. Friday, 11:00 p.m. Friday to 7:00
a.m. Saturday, and 11:00 p.m. Saturday to 7:00 a.m. Sunday, in such
a manner as to be audible across real property boundaries or through
partitions common to two parties within a building, or plainly audible
at 50 feet from such device when operated within a motor vehicle on
a public right-of-way or in a public space.
(2)
Loudspeakers/sound amplifiers and similar devices as follows:
(a)
Operating or permitting the use of operation of any loudspeakers,
sound amplifiers or similar devices for the production of sound, in
such a manner as to cause a noise disturbance.
(b)
Operating any such device between the hours of 9:00 p.m. Sunday
to 7:00 a.m. Monday, 9:00 p.m. Monday to 7:00 a.m. Tuesday, 9:00 p.m.
Tuesday to 7:00 a.m. Wednesday, 9:00 p.m. Wednesday to 7:00 a.m. Thursday,
9:00 p.m. Thursday to 7:00 a.m. Friday, 11:00 p.m. Friday to 7:00
a.m. Saturday, and 11:00 p.m. Saturday to 7:00 a.m. Sunday, in such
a manner as to be audible across real property boundaries or through
partitions common to two parties within a building, or plainly audible
at 50 feet from such device when operated within a motor vehicle on
a public right-of-way or in a public space.
(4)
Loading operations.
(a)
Loading, unloading, opening or otherwise handling boxes, crates,
containers or similar objects between the hours of 10:00 p.m. and
7:00 a.m. the following day in such a manner as to create a noise
disturbance within a residential district, except during an emergency.
(5)
Construction noise.
(a)
Operating or causing to be operated any equipment used in commercial
construction, repair, alterations or demolition work on buildings,
structures, streets, alleys or appurtenances thereto in the following
manner:
[1]
With sound-control devices which have been tampered with;
[2]
In violation of any regulation of the United States Environmental
Protection Agency or any other law or regulation; or
[3]
Between the hours of 7:00 p.m. and 7:00 a.m. the following day
on weekdays and between 7:00 p.m. on Saturday evenings and 9:00 a.m.
on Sunday mornings, which creates a noise disturbance, unless otherwise
exempt by this chapter, or by an act of the Council.
(6)
Explosives, firearms, or similar devices.
(a)
The use or firing of explosives, firearms, or similar devices
which creates a noise disturbance.
(7)
Yelling, shouting, whistling.
(a)
Yelling, shouting, whistling or generally creating a noise disturbance
on public streets between the hours of 9:00 p.m. Sunday to 7:00 a.m.
Monday, 9:00 p.m. Monday to 7:00 a.m. Tuesday, 9:00 p.m. Tuesday to
7:00 a.m. Wednesday, 9:00 p.m. Wednesday to 7:00 a.m. Thursday, 9:00
p.m. Thursday to 7:00 a.m. Friday, 11:00 p.m. Friday to 7:00 a.m.
Saturday, and 11:00 p.m. Saturday to 7:00 a.m. Sunday.
(8)
Power equipment.
(a)
Operating, or permitting to be operated, any power saw, sander,
drill, grinder, garden equipment or tools of a similar nature, outdoors
in residential districts between the hours of 9:00 p.m. and 7:00 a.m.
the following day, in such a manner as to create a noise disturbance.
Noise from the following sources shall be exempt from the noise
standards specified herein:
A.
All safety signals and warning devices (e.g., stationary emergency signal devices, intrusion
alarms, backup alarms on trucks, police/fire/ambulance sirens) or
any other device used to alert persons to an emergency or used during
the conduct of emergency work.
B.
All safety signals and warning devices (e.g., stationary emergency
signal devices, intrusion alarms, backup alarms on trucks, police/fire/ambulance
sirens) or any other device used to alert persons to an emergency
or used during the conduct of emergency work.
C.
Bells, chimes and carillons used for religious purposes or in conjunction
with national celebrations or public holidays; existing bells, chimes
and carillons and clock strike mechanisms that are currently in use
for any purpose.
D.
Appliances, lawn and garden equipment or household power tools in
use between the hours of 7:00 a.m. and 9:00 p.m., provided such are
operated within the manufacturer's specifications and with all
standard noise reducing equipment in use, unmodified and in proper
operating condition.
E.
Snow-removal equipment, operated within the manufacturer's specification
and with all standard noise-reducing equipment in use, unmodified
and in proper operating condition.
F.
Heavy construction equipment (including, but not limited to, pile
drivers, crawler-tractors, bulldozers, rotary drills and augers, loaders,
power shovels, cranes, derricks, motor grader, paving machines, ditchers,
trenchers, compactors, scrapers, pavement breakers, compressors, pneumatic
power equipment and similar devices) in use between the hours of 7:00
a.m. and 7:00 p.m. on weekdays and Saturdays, and between 9:00 a.m.
and 7:00 p.m. on Sundays, for the duration of such construction and
demolition work, provided such are operated within the manufacturer's
specifications and with all standard noise-reducing equipment in use,
unmodified and in proper operating condition.
G.
Air conditioners, fans, heating units and similar devices of less
than eight tons' heating or cooling capacity, provided such are operating
within the manufacturer's specifications when all reasonable
measures have been taken to reduce noise levels as required.
H.
Transient noises emanating from moving sources, such as trucks, automobiles,
motorcycles, airplanes and trains.
I.
Musical, recreational and athletic events conducted by schools or
a local government including such outdoor practices as may be necessary
in preparation for such events.
J.
Activities permitted by special waiver, as provided herein, and activities
conducted in accordance with special activity permits for use of public
property or the public rights-of-way, approved by the Borough Council.
A temporary waiver from strict compliance with the noise standards
specified herein may be granted to persons for emergencies, as determined
by the Borough, to protect health and safety or to comply with other
lawful rules, regulations and ordinances.
A.
Any person, firm or corporation who violates a provision of this
chapter, or who fails to comply therewith, or with any of the requirements
thereof, shall be, upon conviction thereof, sentenced to pay a fine
up to $1,000 for each violation, plus costs, and, in default of payment
of said fine and costs, to imprisonment to the extent permitted by
law for the punishment of summary offenses.
B.
The Borough Police Department and/or Code Enforcement Officer are
authorized to carry out the duties and obligations of enforcing this
chapter.
If any sentence, clause, section, or part of this chapter is
for any reason found to be unconstitutional, illegal or invalid, such
unconstitutionality, illegality or invalidity shall not affect or
impair any of the remaining provisions, sentences, clauses, sections
or parts of this chapter. It is hereby declared as the intent of the
Borough Council that this chapter would have been adopted had such
unconstitutional, illegal or invalid sentence, clause, section or
part thereof not been included herein.
All ordinances or parts of ordinances which are inconsistent
herewith, except to the extent otherwise provided herein, are hereby
repealed. The following ordinances or parts thereof are specifically
repealed.
