[HISTORY: Adopted by the Borough Council of the Borough of Mount
Oliver at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
Amendments noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 67.
A.
Purpose. It is the purpose of this chapter to ensure
that public health, safety and welfare shall not be abridged by the making
and creating of public nuisances from disturbing excessive or offensive noises
in the Borough of Mount Oliver. The residents of Mount Oliver recognize that
uncontrolled noise represents a danger to the health and welfare of themselves
and their neighbors and that each resident of the community is entitled to
live in an environment in which the level of impulse and amplified noise is
minimized for the community good. This chapter attempts to foster mutual respect
among all residents and to establish a community position against noise pollution.
B.
Scope. This chapter applies to all persons, property,
animals, equipment, appliances, instruments and other sound-emitting devices
as regulated herein.
C.
Relationship to other restrictions. The provisions of
this chapter are not intended to interfere with, abrogate or annul other rules,
regulations or ordinances including Title 18 (Crimes Code) or Title 75 (Vehicle
Code) of the Pennsylvania Consolidated Statutes. If more stringent requirements
concerning noise abatement are contained in other rules, regulations, ordinances
or laws, the more stringent rule shall apply.
The following words, terms and phrases, when used in this chapter, shall
have the meanings ascribed to them in this section, except where the context
clearly indicates a different meaning:
The all-encompassing noise associated with a given environment, being
usually a composite of sounds from many sources, near and far.
American National Standards Institute or successor.
The Borough of Mount Oliver, Allegheny County, Pennsylvania.
A unit of sound level which is a division of a logarithmic scale
used to express the ratio of the sound pressure of the source to the pressure
of an arbitrarily chosen reference pressure; the ratio is expressed on the
decibel scale by multiplying its base 10 logarithm by twenty (20).
Interpreted objectively to mean an actual or imminent interference
with the peace or good order of the Borough of Mount Oliver.
9:00 p.m. to 7:00 a.m., prevailing time.
Any sound emitted by a person, animal, appliance, equipment, instrument
or other device.
Any sound which:
Airborne sound levels expressed in dB and obtained by the use of
certain frequency-dependent weighting networks, as specified in the reference
standards and indicated by proper notation; if A-weighting is employed, the
sound level is indicated as "dB(A)."
Noise of such loudness and character from a single source or from
multiple sources which is or may be predicted with reasonable certainty to
be injurious to health or which unreasonably interferes with the enjoyment
of property or with any lawful business or activity. Noise/sound pressure
levels exceeding those permitted in any district shall constitute "noise pollution."
Any social gathering.
Includes an individual, firm, association, organization, partnership,
trust, company, corporation or any similar entity.
Any street, avenue, boulevard, highway, sidewalk, alley or similar
place which is owned or controlled by a government entity.
Recurring sound of a short duration, usually less than one (1) second,
with an abrupt onset and rapid decay. Examples of "repetitive impulsive sounds"
include explosions, drop forge impacts and the discharge of firearms.
Noise level.
An instrument, or combination of instruments, which meets or exceeds
the requirements for an ANSI Type S1A or Type S2A sound-level meter.
Those districts as set forth on the Zoning Map of the Borough of
Mount Oliver, as presently existing and as may be from time to time amended.
A.
No person shall make, continue or cause to be made or
continued any noise disturbance as hereafter specified.
B.
The following acts are determined to be noise disturbances
and therefore in violation of this chapter:
(1)
The use of any horn or other warning device at any time
by any person otherwise than as a reasonable warning or to make any sound
that is unreasonably loud, raucous, jarring, disturbing or a nuisance to persons
of reasonable sensitivities within the area of audibility, by means of a horn
or other warning device.
(2)
Using, operating or permitting the use of any radio receiving
set, musical instrument, television, phonograph, public address system or
other machine or device for the production, reproduction or amplification
of sound for a purpose unrelated to political, religious or commercial activity:
(a)
In such a manner as to be unreasonably loud, raucous,
jarring, disturbing or a nuisance to persons of reasonable sensitivities within
the area of audibility, when such sound is plainly audible across a property
line;
(b)
In such a manner as to be plainly audible across a property
line or at a distance of fifty (50) feet, whichever is less, when the device
creating the sound is in or on a motor vehicle or hand-carried on a public
right-of-way or public space; or
(c)
In such a manner as to be unreasonably loud, raucous,
jarring, disturbing or a nuisance to persons of reasonable sensitivities within
the area of audibility when operated by any passenger on a common carrier.
(3)
Yelling, shouting, hooting, whistling or singing on the
public streets, alleys or parks at any time so as to be unreasonably loud,
raucous, jarring, disturbing or a nuisance to persons of reasonable sensitivities
within the area of audibility.
(4)
The use of fireworks or other explosives so as to be
unreasonably loud, raucous, jarring, disturbing or a nuisance to persons of
reasonable sensitivities within the area of audibility.
(5)
The noise from any party or social gathering which is
unreasonably loud, raucous, jarring, disturbing or a nuisance to persons of
reasonable sensitivities within the area of audibility, when such sound is
clearly audible across a property line.
(6)
The unnecessary squealing of motor vehicle tires which
is unreasonably loud, raucous, jarring, disturbing or a nuisance to persons
of reasonable sensitivities within the area of audibility.
Noise emitted from the following sources shall be exempt from the noise
standards specified herein:
A.
All safety signals and warning devices (e.g., intrusion
alarms and backup alarms on trucks), authorized vehicles when responding to
emergencies (e.g., police, fire and ambulances) or any other device used to
alert persons to an emergency or used during the conduct of emergency work.
B.
The provision, repair and maintenance of municipal services
or public utilities.
C.
Bells, chimes or carillons used in conjunction with religious
purposes, national celebrations or public holidays; existing bells, chimes
or carillons that are currently in place for any other purpose.
D.
Musical, recreational and athletic events conducted by
schools, local government and nonprofit entities.
E.
Activities permitted by special waiver, as provided herein,
according to the terms and conditions of said waiver.
A.
General. For the administration of this chapter, the
borough shall:
(1)
Appoint a noise enforcement officer or officers, as provided
herein, who shall administer this chapter in accordance with its literal terms;
police officers may also enforce this chapter.
(2)
Prepare and maintain records of all activities undertaken
for the administration and enforcement of this chapter.
(3)
Issue, through its officers and employees, all warnings,
citations and special waivers, as provided herein, and undertake all other
activities necessary for the enforcement of this chapter.
B.
Special waivers. A temporary waiver from strict compliance
with the noise standards specified herein may be granted to persons under
exigent circumstances, as determined by the Borough Secretary.
A.
Maximum permissible sound levels by zoning district. No person shall operate or cause to be operated any source of sound specified in § 154-3B in such a manner as to create a sound level which exceeds the limits set forth in the zoning designations category in Table 1 when measured in accordance with § 154-6D. Any sound source that produces sound in excess of those levels, to a degree specified in § 154-6B, shall constitute a per se noise disturbance when generated by the type of activity specified in § 154-3B. Nothing herein shall be construed as permitting noise in violation of the more general standards of § 154-3B but not exceeding such levels contained herein.
|
Table 1
| |||
|---|---|---|---|
|
Sound Levels by Zoning District
| |||
|
Zoning District of Property on Which Source of Noise Located
|
Sound Level 7:00 a.m. to 9:00 p.m.
|
Unit dB(A) 9:00 p.m. to 7:00 a.m.
| |
|
Residential (Zoning Districts R-1,R-2, R-3)
|
65
|
55
| |
|
Commercial (Zoning District C-1, H-1)
|
75
|
65
| |
B.
When exceeded. The sound level limits set forth in Table
1 shall be exceeded when any one (1) or more of the following occur:
(1)
The sound level at any one (1) point in time exceeds
any of the established zone limits in Table 1 by a measured level of fifteen
(15) dB(A).
(2)
The sound exceeds any of the established limits in Table
1 by a measured sound level of ten (10) dB(A) for a cumulative total of one
(1) minute or more out of any ten-minute period.
(3)
The sound exceeds, except in the manufacturing districts,
any of the established zone limits in Table 1 by a measured sound level of
three (3) dB(A) continually for a period of five (5) minutes, or a total of
five (5) minutes out of any ten (10) minutes.
C.
Ambient sound. In the event that the background ambient
sound levels in the area of suspected noise disturbance exceed the levels
set forth in Table 1, the sound level of the intrusive sound source shall
be measured with the ambient level being substituted as the Table 1 sound
level.
D.
Where measured. For the purposes of this section, sound
shall be measured at or within the property line (boundary) of the property
receiving the noise, or not less than twenty (20) feet from the source of
the sound, when the source is in a public right-of-way, and shall be made
at least five (5) feet from any large sound-reflective surfaces.
E.
This chapter shall not be interpreted to prescribe noises qualifying as nonconforming uses under Chapter 260, Zoning.
F.
Measuring instruments. All sound measurements shall be
made on a sound level meter calibrated in the manner required by the manufacturer's
specifications.
A.
Authority to enforce. This chapter shall be enforced
by the Police Department and/or the noise enforcement officer of the Borough
of Mount Oliver.
B.
If it is determined by the noise enforcement officer
or by a police officer that a condition constituting a noise disturbance exists,
the officer may issue a request to desist, a written warning or a citation.
C.
Penalties.
(1)
Any person violating any of the provisions of this chapter
shall, upon conviction thereof, be sentenced to pay a fine of not more than
six hundred dollars ($600.) for each and every offense, to be collected as
other fines and costs are collectible, or shall be imprisoned for not more
than thirty (30) days. In the case of a continuing violation, each day during
which an individual violates this chapter shall constitute a separate offense.
(2)
This chapter and the foregoing penalties shall not be
construed to limit or deny the right of the borough or any person to such
equitable or other remedies as may be available for excessive noise.
