CROSS REFERENCES
Noise from animals — See § 614.05.
Noise from internal combustion engines — See
§ 1274.10.
Peace disturbances — See Ch. 668.
Use of whistles, horns, etc. by peddlers — See
§ 828.07.
STATUTORY REFERENCES
Arrest for breach of the peace — See Borough
Code Sec. 1121 (53 P.S. Sec. 46121).
[Ord. 500, passed 4-13-1987; Ord. 800, passed 3-5-2018]
All terminology not specifically defined in this section shall
be in conformity with applicable publications of the American National
Standards Institute (ANSI) or its successor body. In addition, for
the purpose of this chapter, the following definitions shall apply
unless the context clearly indicates or requires a different meaning.
The sound pressure level as measured in decibels on a sound
level meter using the A-weighting network. The level so read shall
be designated dB(A) or dBA.
The sound pressure level of the all-encompassing noise associated
with a given environment, usually being a composite of sounds from
many sources, and/or the A-weighted sound pressure level exceeded
90% of the time/L90 based on a one-hour period.
A steady, fluctuating, or impact noise which exists, essentially
without interruption, for one hour or more.
A steady, fluctuating, or impulsive noise which may or may
not contain a pure tone and which varies in sound pressure level such
that the same level is obtained repetitively at reasonably uniform
intervals of time.
A logarithmic (dimensionless) unit of measure often used
in describing the amplitude of sound. "Decibel" is denoted as "dB."
Any municipal agency.
Any mechanism which is intended to produce or which actually
produces noise when operated or handled.
A motor vehicle used in response to a public calamity or
to protect persons or property from imminent danger.
Work made necessary to restore property to a safe condition
following a public calamity, work to restore public utilities, or
work required to protect persons or property from an imminent exposure
to danger.
A noise for which the sound pressure level varies more than
six dB(A) during the period of observation when measured with the
slow meter characteristics of a sound level meter, and which does
not equal the previously existing ambient noise level more than once
during the period of observation.
Any vehicle which is propelled or drawn by mechanical equipment,
including, but not limited to, passenger cars, trucks, truck-trailers,
semitrailers, campers, motorcycles, minibikes, go-carts, snowmobiles,
amphibious craft on land, dune buggies, or racing vehicles.
Any apparatus consisting of baffles or chambers of acoustical
absorbing materials whose primary purpose is to transmit liquids or
gases while causing a reduction in sound emission at one end.
Any sound which is unwanted or which causes or tends to cause
an adverse psychological effect on human beings.
Any sound which annoys, disturbs, or perturbs reasonable
persons with normal sensitivities, or any sound which injures or endangers
the comfort, repose, health, hearing, peace, or safety of other persons.
Any individual, association, partnership, or corporation,
and includes any officer, employee, department, agency, or instrumentality
of the United States, a state or any political subdivision of a state.
Any noise for which the information content of that noise
is unambiguously communicated to the listener, including, but not
limited to, understandable spoken speech or comprehensible rhythms.
Any powered vehicle, either airborne or landborne, which
is not designed to carry persons or property, including, but not limited
to, model airplanes, boats, cars, or rockets, and which can be propelled
by mechanical means.
Any imaginary line at the ground surface, and its vertical
extension, which line separates the real property owned by one person
from that owned by another person.
Any street, avenue, boulevard, highway, alley, or similar
place which is owned or controlled by a public governmental entity.
Any noise which can be distinctly heard as a single pitch
or as a set of single pitches. For the purpose of measurement, a PURE
TONE exists when the one-third octave band sound pressure level of
the tone exceeds the arithmetic average of the sound pressure levels
of the two contiguous one-third octave bands by five dB for frequencies
of 500 hertz and above, by eight dB for frequencies between 160 and
400 hertz, and by 15 dB for frequencies less than or equal to 125
hertz.
Any noise which is composed of impulsive noises that are
repeated at sufficiently slow rates such that a sound level meter
set at fast meter characteristics will show changes in sound pressure
level greater than two dB(A).
A temporal and spatial oscillation in pressure or other physical
quantity, in a medium with internal forces, that causes compression
and rarefaction of that medium and that propagates at finite speed
distance points.
An instrument, which includes a microphone, amplifier, RMS
detector, integrator, or time average, output meter and weighing networks,
used to measure sound pressure level, and shall exclude any uncalibrated
instrument and/or smartphone application.
The instantaneous difference between the actual pressure
and the average or barometric pressure at a given point in space.
Any device, excluding a device attached to a motor vehicle,
used to alert persons engaged in emergency operations. These include,
but are not limited to, firefighters, first-aid squad members, and
law enforcement officers, whether paid or volunteer.
Any device, fixed or movable, which is located or used on
geographically defined real property, other than a public right-of-way.
A sound pressure level which remains essentially constant
during the period of observation, i.e., the fluctuations are too small
to meet the criterion for fluctuating noise.
Prevailing time.
[Ord. 500, passed 4-13-1987; Ord. 800, passed 3-5-2018]
(A)
The Police Department shall enforce this chapter.
(B)
A violation of any of the provisions of this chapter shall be cause
for a summons and complaint to be issued forthwith. However, if the
noise source is not a motor vehicle moving on a public right-of-way,
then, in lieu of a summons and complaint, enforcement personnel may
issue a notice, in writing, which notice may be served personally
or by certified mail to the last known address of the person in charge
or control of the device, building, or premises on which a violation
exists. The notice shall state the nature of the violation and a specific
time period for the correction and abatement of the violation. No
person shall fail to comply with the notice so issued.
(C)
In order to implement the purpose of this chapter, the Police Department
may:
(1)
Conduct, or cause to be conducted, studies, research, and monitoring
related to noise;
(2)
Conduct programs of public education regarding the cause and
effects of noise, but not giving specific advice for its abatement,
and encourage the participation of public interest groups in related
public information efforts;
(3)
For reasonable cause, and upon presentation of proper credentials,
enter any building, property, premises, or place and inspect any noise
source for the purpose of ascertaining compliance or noncompliance
with this chapter, or have access to and require the production of
books and papers pertinent to any matter under investigation;
(4)
Require the owner or operator of any noise source to establish
and maintain records and make such reports as the Borough may reasonably
prescribe; and
(5)
Require the owner or operator of any noise source to measure
the noise emission therefrom in accordance with such methods and procedures
and at such locations and times as the Borough may reasonably prescribe.
[Ord. 500, passed 4-13-1987; Ord. 800, passed 3-5-2018]
(A)
No person shall make or continue or cause to be made or continued
any excessive or unusually loud noise, or create a noise disturbance
in the Borough.
(B)
The following acts are hereby declared to be loud, disturbing, excessive
noises and/or noise disturbances in violation of this chapter, but
such enumeration shall not be deemed to be exclusive:
(1)
Horns and signaling devices. The sounding of any horn or signaling
device on any motor vehicle, except as a danger or warning signal
or as provided in the Vehicle Code of Pennsylvania;
(2)
Radios, television sets, and similar devices.
(a)
Operating or permitting the use or operation of any radio receiving
set, musical instrument, television, phonograph, drum, or other device
for the production or reproduction of sound in such a manner as to
cause a noise disturbance; or
(b)
Operating any such device between 10:00 p.m. and 8:00 a.m. of
the following day in such a manner as to be plainly audible across
real property boundaries, through partitions common to two parties
within a building, or at a distance of 50 feet from such device when
operated within a motor vehicle parked on a public right-of-way or
on a public space.
(3)
Exterior loudspeakers. Using or operating any mechanical device
or loudspeaker in a fixed or movable position exterior to any building
or mounted upon any aircraft or motor vehicle, such that the sound
therefrom is plainly audible at or beyond the property boundary of
the source or on a public right-of-way between 6:00 p.m. and 8:00
a.m. of the following day;
(4)
Animals. Owning, keeping, possessing, or harboring any animal
which, by frequent or habitual howling, barking, meowing, squawking,
or other noise, causes a noise disturbance. This Division (B)(4) applies
to all private or public facilities, including animal pounds, which
hold or treat animals;
(5)
Loading operations. Loading, unloading, opening, or otherwise
handling boxes, crates, containers, garbage cans, or similar objects
between 6:00 p.m. and 8:00 a.m. of the following day in such a manner
as to cause a noise disturbance;
(6)
Construction noise. Operating or causing the operation of any
equipment used in commercial construction, repair, alteration, or
demolition work on buildings, structures, streets, alleys, or appurtenances
thereto in any land use category between 6:00 p.m. and 7:00 a.m. of
the following day;
(7)
Vehicle repairs or testing. Repairing, rebuilding, modifying,
or testing any motor vehicle, off-road vehicle, or motorboat in or
near a residential use district in such a manner as to cause a noise
disturbance or a violation of this chapter;
(8)
Places of public entertainment. Operating or permitting the
operation of any loudspeaker or other source of sound in any place
of public entertainment, which loudspeaker or other source of sound
produces a maximum sound pressure level of 90 dB(A) at any point that
is normally occupied by a human being as read with the slow response
on a sound level meter, without a conspicuous and legible sign located
outside such place, near the entrance, stating "WARNING: SOUND ENVIRONMENT
WITHIN MAY CAUSE TEMPORARY HEARING IMPAIRMENT WHICH MAY BECOME PERMANENT
WITH CONTINUED EXPOSURE";
(9)
Powered model vehicles. Operating or permitting the operation
of powered model vehicles between 6:00 p.m. and 8:00 a.m. of the following
day. Maximum sound pressure levels during the permitted period of
operation shall conform to those set forth in § 652.04 and
shall be measured at the property boundary of the source. Powered
model vehicles shall not be operated on a public property;
(10)
Refuse compacting vehicles. Operating or permitting the operation
of any motor vehicle which can compact refuse and which creates during
the compacting cycle a disturbing noise between 9:30 p.m. and 7:30
a.m. of the following day in any business district, shopping center
district, special use district, or industrial district if an establishment
therein abuts within 100 feet of a residentially zoned property upon
which there is a residence building;
(11)
Bells and alarms. Sounding or permitting the sounding of any
exterior burglar alarm on any building or motor vehicle, unless such
burglar alarm terminates its operation within 15 minutes of its being
activated;
(12)
Stationary emergency signaling devices. Testing of only the
electromechanical functioning of a stationary emergency signaling
device between 6:00 p.m. and 8:00 a.m. of the following day. Such
testing shall occur at the same time each day that a test is performed
and shall only use the minimum cycle test time; and
(13)
Power tools. Operating or permitting the operation of any powered
saw, sander, drill, grinder, garden equipment, or tools of like nature,
used primarily for domestic purposes, outdoors in residential zones
between one hour after sunset and 8:00 a.m. of the following day.
[Ord. 500, passed 4-13-1987; Ord. 800, passed 3-5-2018]
(A)
No person shall operate or permit to be operated any stationary source
of noise in such a manner as to create a sound pressure level which
is unreasonable and exceeds the limits, as determined by the Police
Department, of the receiving land use when measured at the property
boundary. When a noise source can be identified and its noise can
be measured in more than one land use category, the limits of the
most restrictive use shall apply at the boundaries between different
land use categories.
(B)
For any source of sound which emits a pure tone or impulsive sound,
the maximum sound level limits will be determined on a reasonableness
basis by the Police Department.
[Ord. 500, passed 4-13-1987; Ord. 800, passed 3-5-2018]
(A)
No person shall operate a motor vehicle on a public right-of-way
at any time in such a manner that the sound pressure level emitted
by such vehicle exceeds the levels set forth in the following table
when measured at the property line. This section shall apply to all
motor vehicles, whether publicly or privately owned, that are duly
licensed.
|
Sound Pressure Level
(dB(A))
| ||
|---|---|---|
|
Vehicle Class
|
Speed Limit 35 mph or less
|
Speed Limit 35 mph or more
|
|
All motor vehicles with manufacturer's gross vehicle rating
of 10,000 pounds or more, and any combination of vehicles towed by
such motor vehicle
|
92
|
96
|
|
Federally registered interstate motor carrier
|
86
|
90
|
|
Motorcycles
|
88
|
92
|
|
Any other motor vehicle and any combination of vehicles towed
by such motor vehicle
|
82
|
88
|
(B)
For the purpose of such table, the standard measurement height shall
be four feet (1.2 meters), and the standard horizontal measurement
distance from the centerline of the traffic lane being monitored shall
be 50 feet (15 meters). Whenever it is not feasible to use 50 feet,
the distance may be shortened to 25 feet (7.5 meters), in which case
the values of such table shall be increased by six dBA.
(C)
No person shall operate or cause to be operated any motorized vehicle
off a public right-of-way in such a manner that the sound pressure
level is high (determined by Police Department). Recreational motorized
vehicles shall not be operated in public parks.
[Ord. 500, passed 4-13-1987; Ord. 800, passed 3-5-2018]
(A)
Noise caused in the performance of emergency work for the immediate
safety, health, or welfare of the community or individuals of the
community, or to restore property to a safe condition following a
public calamity, shall not be subject to this chapter. Nothing in
this section shall be construed to permit law enforcement, ambulance,
fire, or other emergency personnel to make excessive noise in the
performance of their duties when such noise is clearly unnecessary.
The use of stationary emergency signaling devices shall be for emergency
use only.
(B)
Council may grant specific and temporary exceptions to this chapter
upon receipt of a written application requesting such exception. The
application shall state the nature of the violation and the reason
for the request. No exception shall be granted for a period exceeding
one year from the date of the request.
(C)
Any person affected by any noise source for which an application
for an exception has been filed may submit information to Council
in favor of or in opposition to the proposed exception.
(D)
Notice of requests for exceptions shall be advertised in a local
newspaper of general circulation, and persons residing within 200
feet of the location of the exception shall be notified of the request
by certified mail.
(E)
A public hearing shall be held within 30 days of receipt of the request
and a decision shall be rendered by Council within 60 days of the
hearing.
[Ord. 500, passed 4-13-1987; Ord. 800, passed 3-5-2018]
The operation or maintenance of any noise source in violation
of any of the provisions of this chapter shall be deemed to be a public
nuisance and may be subject to abatement summarily by a restraining
order or injunction issued by a court of competent jurisdiction or
in any other manner available for the abatement of public nuisances.
[Ord. 500, passed 4-13-1987; Ord. 800, passed 3-5-2018]
(A)
Any remedy available pursuant to this chapter shall be considered
separate and not exclusive of any other remedy available under this
chapter.
(B)
Nothing in this chapter shall be construed to impair any cause of
action or legal remedy of any person for injury or damage arising
from a violation of this chapter.
[Ord. 500, passed 4-13-1987; Ord. 800, passed 3-5-2018]
Whoever violates or fails to comply with any of the provisions
of this chapter shall be fined not less than $25 nor more than $300
or imprisoned not more than 30 days, or both, for each offense. A
separate offense shall be deemed committed each day during or on which
a violation or noncompliance occurs or continues.
