This chapter shall also be known as the "Borough
of Columbia Noise Control Ordinance."
The following words, terms and phrases, when
used in this chapter, shall have the meanings herein given, except
where the context clearly indicates a different meaning. All terminology
used in this chapter, not defined below, shall be in conformance with
the applicable publications of the American National Standards Institute
[ANSI S1.1 - 1960 (R1971) and its revisions] or its successor body.
AMBIENT NOISE
The all-encompassing noise associated with a given environment,
being usually a composite of sounds from many sources near and far.
A-WEIGHTED SOUND LEVEL
The sound-pressure level, in decibels, as measured on a sound-level
meter using the A-weighting network. The level so read is designated
"dB(A)."
CONSTRUCTION OPERATION
The erection, repair, renovation, demolition or removal of
any building or structure and the excavation, filling, grading and
regulation of lots in connection therewith.
DECIBEL (dB)
A unit for measuring the sound-pressure level, equal to 20
times the logarithm to the base 10 of the ratio of the pressure of
the sound measured to the reference pressure, which is 20 micropascals
(20 micronewtons per square meter).
EMERGENCY
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage.
EMERGENCY WORK
Any work performed for the purpose of preventing or alleviating
the physical trauma or property damage threatened or caused by an
emergency.
IMPULSIVE SOUND
Sound of short duration, usually less than one second, with
an abrupt onset and rapid decay. Examples of impulsive sound include
explosions, drop-forge impacts and the discharge of firearms.
NOISE
Any sound which annoys or disturbs humans or which causes
or tends to cause an adverse psychological or physiological effect
on humans.
NOISE DISTURBANCE
Any sound which:
A.
Endangers or injures the safety or health of
humans or animals.
B.
Annoys or disturbs a reasonable person of normal
sensitivities.
C.
Endangers or injures personal or real property.
D.
Is in excess of the sound levels by zoning districts
established herein.
PERSON
Any individual, association, partnership or corporation and
includes any officer, employee, department, agency or instrumentality
of a state or any political subdivision of a state. Whenever used
in any clause prescribing and imposing a penalty, "person" includes
the individual members, partners, officers and managers, or any of
them, of partnerships and associations and, as for corporations, the
officers and managers thereof or any of them.
POWERED MODEL VEHICLE
Any self-propelled airborne, waterborne or landborne plane,
vessel or vehicle which is not designed to carry persons, including
but not limited to any model airplane, boat, car or rocket.
PROPERTY LINE (BOUNDARY)
An imaginary line drawn through the points of contact of
adjoining lands, apartments, condominiums, townhouses and duplexes
owned, rented or leased by different persons, a demarcation or a line
of separation of properties, and also, for any two or more buildings
sharing common grounds, the line drawn midway between any two such
buildings. All areas devoted to public rights-of-way shall be deemed
to be across the property line. For the purpose of this definition,
the "property line" includes all points on a plane formed by projecting
the property line in a manner deemed appropriate by the enforcing
police officer.
PUBLIC RIGHT-OF-WAY
Any street, avenue, boulevard, highway, sidewalk, alley or
similar place which is owned or controlled by a governmental entity.
PUBLIC SPACE
Any real property or structures thereon which are owned or
controlled by a governmental entity.
PURE TONE
Any sound which can be heard as a single pitch or a set of
single pitches. For the purpose of this chapter, a pure tone shall
exist if the 1/3 octave band sound-pressure level in the band
with the tone exceeds the arithmetic average of the sound-pressure
levels of the two contiguous octave bands by five dB's for center
frequencies of 500 hertz and above and by eight dB's for center frequencies
between 160 and 400 hertz and by 15 dB's for center frequencies less
than or equal to 125 hertz.
REAL PROPERTY
All land, whether publicly or privately owned, whether improved
or not improved, with or without structures, exclusive of any areas
devoted to public rights-of-way.
SOUND
An oscillation in pressure, particle displacement, particle
velocity or other physical parameter, in a medium with internal forces
that causes compression and rarefaction of that medium, or the superposition
of such propagated oscillation which evokes an auditory sensation.
The description of "sound" may include any characteristics of such
sound, including duration, intensity and frequency.
SOUND LEVEL
The weighted sound-pressure level obtained by the use of
a sound-level meter and frequency weighting network, such as A, B
or C, as specified in the American National Standards Institute specifications
for sound-level meters (ANSI S1.4-1971 or the latest revision thereof).
If the frequency weighting employed is not indicated, the A-weighting
shall apply.
SOUND-LEVEL METER
An instrument which includes a microphone, amplifier, RMS
detector, integrator or time averager, output meter and any applicable
weighting network used to measure sound-pressure levels which meets
or exceeds the requirement for a Type I or Type II sound level as
specified in American National Standards Institute Specification S1.4-1971.
The manufacturer's published indication of compliance with such specifications
shall be prima facie evidence of such compliance.
ZONING DISTRICTS
The land use districts established by the Zoning Ordinance of the Borough, as codified in Chapter
220 of the Code of the Borough of Columbia, Pennsylvania, and all subsequent amendments thereto.
The following sounds are exempted from the provisions
of this chapter:
A. Amplified announcements. Electronically amplified
announcements at athletic events.
B. Blasting. Blasting and demolition as permitted by
appropriate Borough authorities and bodies, which blasting and demolition
may occur only between the hours of 9:00 a.m. and 4:00 p.m., Monday
through Friday, unless specifically authorized by such permit.
C. Concerts, etc. Band concerts, block parties, church
carnivals or other performances or similar activities publicly or
privately sponsored and presented in any public or private space outdoors,
provided that:
(1) Such activities do not produce sound 15 dB(A) in excess of the sound levels set forth in §
149-5A, Table I; and
(2) Such activities do not occur between the hours of
10:00 p.m. and 8:00 a.m.
D. Emergency work. Sounds caused by the performance of
emergency work or by the ordinary and accepted use of emergency apparatus
and equipment.
E. Municipal and utility services. Sounds resulting from
the repair or replacement of any municipal or utility installation
in or about the public right-of-way.
F. School and public activities. Sounds not electronically
amplified, created by organized school-related programs, activities,
athletic and entertainment events or other public programs, activities
or events, other than fireworks or fireworks displays and motor vehicle
racing events.
(1) Any person responsible for any activity or event involving fireworks or fireworks displays shall apply with the Bureau of Police for an application for a special variance from noise control in accordance with §
149-7B, prior to applying for a fireworks permit.
(2) Any person involved in any motor vehicle racing event
shall apply for a special variance from noise control with the Bureau
of Police.
G. Warning devices. Sounds made by warning devices operating
continuously for three minutes or less, except that in the event of
an actual emergency the time limitation shall not apply.
The Borough of Columbia Secretary/Treasurer
shall provide notice of this chapter by having copies of this chapter
posted in, on or about such public or quasi-public places as may be
determined by the Mayor, Borough Council and the Police Department
in order that the public may be constantly informed of the Noise Ordinance.
This chapter shall be cumulative and in addition
to any other laws in force.