[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:
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.
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.
A.
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.
B.
For the purpose of classifying any noise, the following
procedures shall be employed:
(1)
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.
(2)
The noise shall be measured on a sound-level meter.
(3)
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:
A.
Horns, signal devices and the like.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
Loudspeakers and amplifiers on vehicles. The use of mechanical
loudspeakers or amplifiers on trucks or other vehicles for advertising or
other commercial purposes.
H.
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.
I.
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.
J.
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.
K.
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:
A.
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.
B.
Normal or emergency working activities of municipal,
county, state or federal government agencies and emergency activities of a
public utility.
C.
Warning devices on authorized emergency vehicles and
on vehicles used for traffic safety purposes.
D.
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.
