[HISTORY: Adopted by the Borough Council of the Borough of Burgettstown as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-4-2019 by Ord. No. 2019-06]
Editor's Note: This ordinance was adopted as Ch. 387, but was renumbered to maintain the organization of the Code.
This article shall be known and may be cited as the Burgettstown Borough "Noise Ordinance."
The purpose of this article is to prohibit the creation of any unnecessary or excessive noise, or of any noise of such character, intensity or duration as to be detrimental to health, safety or welfare of any individual or the disturbance of the public peace and welfare or the aiding and abetting in the creation of any such noise to continue.
Prohibited noise, determined without benefit of using a sound level meter under the provisions of § 350-4 of this article, shall include and is hereby defined within this article as follows:
- Permitting any animal, bird or fowl in one's possession or under one's control to make any frequent or long continued noise of such character or intensity as to disturb the comfort or repose of any person.
- AUDIO EQUIPMENT
- The playing of any radio, phonograph, musical instrument or any other type of audio equipment in such a manner or with such volume as to annoy or disturb the quiet, comfort or repose of persons in any office, dwelling or other type of residence or of persons in the vicinity thereof.
- COMMERCIAL ADVERTISING
- The use of any drum, loudspeaker or other instrument or device for the purpose of attracting attention to the sale or display of merchandise of commercial character.
- CONSTRUCTION OR DEMOLITION WORK
- The erection (including excavating), demolition, alteration or repair of any building in any residential district or section, the excavation of streets or highways in any residential district or section other than between the hours of 7:00 a.m. and 11:00 p.m. on weekdays, except in the case of urgent necessity in the interests of public health and safety and then only with a permit from the Secretary of Burgettstown Borough Council, which permit may be granted for a period not to exceed 30 days while the emergency continues. If the Council should determine that the public health and safety will not be impaired by the erection, demolition, alteration or repair of any building or the excavation of streets and highways between the hours of 11:00 p.m. and 7:00 a.m. and if they shall further determine that loss or inconvenience would result to any party in interest, they may grant permission for such work to be done between the hours of 11:00 p.m. and 7:00 a.m., upon written application being made at the time the permit for the work is awarded or during the progress of the work.
- For any person at any time to use a horn or other warning device otherwise than as a reasonable warning or to make any unnecessary or unreasonable, loud or harsh sound by means of a horn or other warning device.
- INTERFERENCE WITH SCHOOL, CHURCH, ETC., HOURS
- The creation of any excessive noise on any street adjacent to any school, institution of learning, church or court, while the same are in session, which unreasonably interferes with the workings of sessions thereof and the making of any other noise so as to annoy the users and/or occupants of such places or buildings as are herein defined.
- RACING MOTORS
- The unnecessary or unnatural acceleration, deceleration or racing of motors in motor vehicles or motorcycles, whether in motion or at rest, within the limits of the Borough.
- REFUSE COMPACTING VEHICLES
- Operating of or permitting to be operated the compacting cycle of the motor vehicle which can compact refuse between the hours of 6:00 p.m. and 6:00 a.m. the following day in Burgettstown Borough, unless otherwise approved by the Burgettstown Borough Council.
- Yelling, shouting, hooting, whistling or singing so as to annoy or disturb the quiet, comfort or repose of any persons in any office, dwelling or any other type of residence or of any person in the vicinity thereof.
In this article, the singular shall include the plural, the plural shall include the singular, and the masculine shall include the feminine.
Prohibited noise, under this section, is defined as follows: No person shall cause or permit any steady-state sound to emanate from a source property that exceeds the levels set forth in Subsection B of this section when measured at the following locations:
Sound measurements made to determine compliance with the conditions and standards of this section shall be made using a sound level meter which conforms to Type 1 or Type 2, as specified in ANSI Specifications S1, 4-1971, and/or any other sound level meter which conforms to the standards of law and/or is approved for operation and use in the Pennsylvania Bulletin.
Violation of any of the provisions of this article shall constitute a nuisance and may be abated by the Borough through civil process by means of a preliminary or permanent injunction or in any manner provided by law for the abatement of nuisance.
Any person who violates the provisions of this article shall be subject to a fine of $300 and shall be guilty of a summary offense, as defined by the Pennsylvania Crimes Code. For each violation in excess of five violations per calendar year by the same person, business or establishment, or residence, the minimum fine shall be $500.
Editor's Note: See 18 Pa.C.S.A. § 101 et seq.