[HISTORY: Adopted by the Borough Council of the Borough of Brentwood 12-6-1983 as Ord. No. 922. Amendments noted where applicable.]
No person shall by loud and excessive noise, in the course of any activity on private or public property, unreasonably disturb the peace of others in the neighborhood, and no person shall knowingly permit such conduct upon any premises owned or possessed by him or under his control.
The police are empowered to give a warning and/or issue and serve a citation concerning a breach of this chapter and, if the disturbance shall not abate, the owner or one in possession or control of the premises on which the disturbance occurs, and/or one creating such disturbance, shall be arrested and charged with violation of this chapter.
In considering the unreasonableness of any conduct, nuisance or disturbance under this chapter, and its effect on disturbing the peace of others, the factors to be considered shall include, at least, the time of day or night during which such disturbance occurs, the number of people involved, the proximity to others whose peace and tranquility might be disturbed and the nature of the disturbance.
As used herein, the following terms shall have the meanings indicated:
- DECIBEL (db)
- A unit sound-pressure measurement as defined by the American National Standards Institute with one decibel (db) referring to a sound pressure of 0.0002 microbars.
- SOUND-LEVEL METER
- An instrument standardized by the American Standard Association and used for measurement of the intensity of sound and calibrated in decibels. Readings shall be made on a db(A) scale.
For the purpose of determining and classifying any sound or noise as unusually loud, excessive, unreasonable and/or unlawful, the test measurements and requirements described below may be applied; provided, however, that a violation of this chapter might occur and may be determined without the following test measurement being applied.
For the purpose of classifying any noise, the following procedures shall be employed:
The noise shall be measured within the Borough of Brentwood at a distance of at least 25 feet from a noise source located within the public right-of-way and, if the noise source is located on private property or public property other than the public right-of-way, at least 25 feet from the property line of the property on which the noise source is located.
The noise shall be measured on a sound-level meter.
A noise measured or registered as provided above from any source of more than 90 decibels on the A-weighing scale in intensity shall be and is hereby declared to be unusually loud, excessive, unreasonable and unlawful.
The following acts, among others, are declared to be loud and unnecessary in violation of this chapter even if the noises referred to do not violate the standard noise level set out in § 145-5B above:
Horns, signal devices and the like.
The sounding of any horn or signal device on any automobile, motorcycle, bus or other vehicle:
Whenever the sound of any horn or signal device is permitted or required such sound shall not be unreasonably loud or harsh and shall not be for any unnecessary or unreasonable duration of time.
Radios, televisions, phonographs, tape recorders, loud speakers and amplifiers. The using, operating or permitting to be played, used or operated, either indoors or outdoors, of any radio receiving set, television receiver, musical instrument, phonograph, tape recorder, loud speaker, amplifier or other device for the producing or reproducing of sound in such a manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle, chamber or premises in or on which said machine or device is operated and who are voluntary listeners thereto.
Animals and birds. The keeping or owning of any animal or bird which, by causing frequent or long-continued noise, disturbs the comfort and repose of any person in the vicinity.
Defect in vehicle or noisy load. The use of any automobile, motorcycle or other vehicle so out of repair or loaded in such a manner as to create loud or unnecessary grating, grinding, rattling or other noise.
Exhausts. The discharge into the open air of the exhaust of any steam engine, mobile or stationary internal combustion engine, motor vehicle or motorcycle engine, except through a muffler or other device which meets the standards provided by the statutes and regulations of the Commonwealth of Pennsylvania.
Trains, vehicles and buses. The unnecessary or prolonged blowing or sounding of any horns, whistle, bell or other device attached to any train, locomotive, motor vehicle, bus or truck while passing through the Borough of Brentwood.
Loudspeakers and amplifiers on vehicles. The use of mechanical loudspeakers or amplifiers on trucks or other vehicles for advertising or other commercial purposes.
Noises to attract attention. The use of any drum, bell, radio, loudspeaker or amplifier or other instrument or device attached to, or sound emanating from, any building or premises, whether or not enclosed, for the purpose of advertising or attracting, by creation of such noise, customers or prospective customers or other persons to any business, mercantile, commercial establishment, performance, show, sale at auction or display of merchandise.
Garbage and refuse collections. The collection of garbage or refuse by persons engaged in the business of scavenging or garbage collecting at hours other than those specifically permitted by written approval of the proper officers of the borough.
Construction, demolition, repair, excavation, paving and/or alteration of buildings or streets, when conducted between the hours of 6:00 p.m. and 7:00 a.m., prevailing time, Monday through Saturday. On Sunday, no activity for hire or for compensation, such as construction, demolition, repair, excavation, paving and/or alteration of buildings or streets shall be permitted.
Power lawn mowers and chain saws. The operation or use of any power lawn mower or chain saw between the hours of 9:00 p.m. and 7:00 a.m. (9:00 a.m. on Sundays), prevailing time.
Exemptions from noise level limits shall be as follows:
Construction, repair, excavation, paving demolition or alteration of a street or building or premises during the hours of 7:00 a.m. to 6:00 p.m., prevailing time, Monday through Saturday, when permission to do such work has been given by the proper officers of the borough.
Normal or emergency working activities of municipal, county, state or federal government agencies and emergency activities of a public utility.
Warning devices on authorized emergency vehicles and on vehicles used for traffic safety purposes.
Attendant on-site noise properly concomitant with the actual performance of sporting events.
Any person who shall violate any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine not more than $1,000 and costs of prosecution or, in default of payment of such fine and costs, to undergo imprisonment for not more than 30 days.