[Adopted 7-12-2006 by Ord. No. 6-2006]
This article shall be known as the "Whitaker Borough Amplified
Noise Ordinance."
The purpose and intent of this article is to establish requirements
to prevent excessive amplified noise emitting from vehicles and portable
handheld sound devices that may jeopardize the health and welfare
of the Borough's residents or degrade their quality of life. This
article is not intended and shall not be interpreted to be a regulation
of the content of speech or communication. This article is intended
to be entirely content-neutral and regulates only the time, place
and manner of amplified noise emitting from vehicles and portable
handheld devices.
Any police officer of the Borough of Whitaker is authorized
to enforce this article upon receipt of a complaint or upon the officer's
own observation of a violation.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this article
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 Borough correctional facility for a period not exceeding
10 days or 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 article 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 article in equity
in the Court of Common Pleas of Allegheny County.
If any provisions of this article are determined to be unlawful,
invalid, void or unenforceable, then that provision shall be considered
severable from the remaining provisions of the article and the remaining
portions of the article shall remain in full force and effect.
All other previous ordinances or resolutions, or any part thereof,
which conflict with the provisions of this article are hereby repealed
to the extent of such conflict.
This article shall enter into effect immediately upon approval
by the Mayor.
[Adopted 8-9-2023 by Ord.
No. 1-2023]
The following words and phrases, when used in this article,
shall have, unless the context clearly indicates otherwise, the meanings
given to them in this section:
BEST ENGINEERING PRACTICE
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.
DISTRICT
The zoning districts as set forth on the Zoning Map of the
Borough of Whitaker.
NOISE
Any sound emitted by a person, an appliance, equipment, instrument,
other device or an animal other than a barking dog.
NOISE DISTURBANCE
Any noise which:
A.
Endangers or injures the safety or health of humans or animals;
or
B.
Annoys or disturbs a reasonable person of normal sensibilities;
or
C.
Jeopardizes the value of property or erodes the integrity of
the environment.
PERSON
Includes an individual, firm, association, organization,
partnership, trust, company, corporation or any other similar entity.
BOROUGH
The Borough of Whitaker, Allegheny County, Pennsylvania
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. 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.
C. 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.
D. Snow removal
equipment, operated within the manufacturer's specification and with
all standard noise-reducing equipment in use, unmodified and in proper
operating condition.
E. 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.
F. 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.
G. Transient
noises emanating from moving sources, such as trucks, automobiles,
motorcycles, airplanes and trains.
H. 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.
I. 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.
If any sentence, clause, section, or part of this article 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 article. It is hereby declared as the intent of the
Borough Council that this article 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.