[HISTORY: Adopted by the City Council of
the City of Lackawanna 11-7-2005.[1] Amendments noted where applicable.]
General References
Peace and good order — See Ch. 165.
[1]
Editor's Note: This ordinance also repealed
former Ch. 159, Noise, adopted 12-7-1987 as Ch. 65, Art. V, of the
1987 Code and amended in its entirety 7-19-2005.
The Lackawanna City Council determines that
the creation of unreasonable noise within the City limits of Lackawanna
is detrimental to the comfort, convenience, safety, health and welfare
and to the quality of life of the citizens of the City. Therefore,
it intends hereby to prohibit all unreasonable noise from all sources
subject to its police power in order to preserve, protect and promote
the health, safety and welfare and the peace, quiet, comfort and repose
of all persons within the City. This chapter is intended to establish
standards for the regulation of noise and to provide adequate notice
to the residents within the City with regard to their activity and
the activities of others.
As used in this chapter, the following terms
shall have the meanings indicated:
The sound-pressure level of the all-encompassing noise associated
with a given environment, being usually a composite of sounds from
many sources and/or the A-weighted sound-pressure level exceeded 90%
of the time, L90 based on a minimum period of 10 minutes.
The sound-pressure level in decibels as measured on a sound-level
meter using the A-weighted network by a trained operator. The level
so read is designated "dB(a)" or "dBA."
The practical unit of measurement for sound-pressure level;
the number of decibels of measured sound is equal to 20 times the
logarithm to the base of 10 of the ratio of the sound pressure of
the measured sound to the sound pressure of standard sound (20 micropascals);
abbreviated dB.
Any property, including vacant land, that is not used for
residential purposes, as defined herein.
Property that contains one or more dwelling units, including
but not limited to single-family attached or detached dwelling units,
multiple dwellings, hotels, motels, senior citizen housing, adult
residential care facilities, nursing homes, dormitories, sororities,
and fraternities.
The imaginary line, including its vertical extension, that
separates one parcel of real property from another, or the vertical
and horizontal boundaries of a dwelling unit located within a multiple-dwelling-unit
building.
Any device, instrument, mechanism, equipment or apparatus
that emits any sounds discernible to the human ear.
An instrument for the measurement of sound levels conforming
to American National Standards Institute Type I or II standards.
Any device, instrument, mechanism, equipment or apparatus
for the amplification of any sounds from any radio, phonograph, tape
player, compact disc player, musical instrument, television, loudspeaker
or other sound-making or sound-producing device, or any device or
apparatus for the reproduction or amplification of the human voice
or other sound.
Any device, fixed or movable, that is located or used on
geographically defined real property other than a public right-of-way.
Any noise defined in § 159-5 of this chapter.
It shall be unlawful for any person to make,
continue, cause to be made or permit to be made any unreasonable noise
within the geographic boundaries of the City of Lackawanna or within
those areas over which the City has jurisdiction.
A determination as to the existence of unreasonable noise may be established by the specific acts enumerated within § 159-5.
The following acts and the causes thereof are
declared to be in violation of this chapter:
A.
The use of any sound-reproduction device outside of
a structure whereby the sound emitted from such device is audible
beyond the property line of the premises beyond which it is being
used, between the hours of 11:00 p.m. and 8:00 a.m., or audible at
a distance of 50 feet beyond the property line of the premises upon
which it is being used, between the hours of 8:00 a.m. and 11:00 p.m.
B.
The use or operation of any sound-reproduction device
inside a structure so as to result in the sound, or any part thereof,
emitted from such device to be projected therefrom outside the structure
whereby the sound emitted from such device is audible beyond the property
line of the premises beyond which it is being used, between the hours
of 11:00 p.m. and 8:00 a.m., or audible at a distance of 50 feet beyond
the property line of the premises upon which it is being used, between
the hours of 8:00 a.m. and 11:00 p.m.
C.
The use and operation of any sound-reproduction device
in a vehicle which would constitute a threat to the safety of pedestrians
or vehicle operators or where conditions of overcrowding or any street
repair or any other physical conditions are such that the use of a
sound-reproduction device would deprive the public of the right to
the safe, comfortable, convenient and peaceful enjoyment of a public
street, park or place for public purpose and would constitute a threat
to the safety and welfare of the public. Said noise disturbance is
deemed to be in violation of this section if it can be heard from
a distance of greater than 50 feet.
D.
The use or operation of any sound-reproduction device
in a vehicle which would constitute a threat to the safety of pedestrians
or vehicle operators.
E.
The use or operation of any sound-reproduction device
within 500 feet of any school, church or courthouse while the same
is in session so as to interfere with the function of such facility,
provided that conspicuous signs are displayed indicating the location
of such facility.
F.
The use or operation of any sound-reproduction device
within 50 feet of any hospital, nursing home or medical facility so
as to interfere with the function of such facility or so as to disturb
the quiet, comfort or repose of a reasonable person of normal sensitivities
while confined to or being treated at such facility, provided that
conspicuous signs are displayed indicating the location of such facility.
G.
Powered tools and equipment:
(1)
The outdoor use or operation of any powered tool or
equipment, including but not limited to saws, sanders, drills, grinders,
lawn mowers or tractors, leaf blowers, snow blowers or any other garden
tools or equipment, on property being used for residential purposes,
between the hours of 11:00 p.m. and 6:00 a.m. of the following day.
(2)
The outdoor use or operation of any of the aforementioned
tools or equipment between the hours of 6:00 a.m. and 11:00 p.m. on
property being used for residential purposes and at any time on property
being used for nonresidential purposes which disturbs the quiet, comfort
or repose of a reasonable person of normal sensitivities.
H.
The use or operation of any audible burglar alarm
or motor vehicle burglar alarm, unless the operation of such alarm
shall be terminated within 10 minutes after such alarm is first activated.
I.
The operation of any motor vehicle with a gross vehicle
weight rating in excess of 10,000 pounds, or any auxiliary equipment
attached to such motor vehicle, for a period longer than 15 minutes
in any hour while the vehicle is stationary for reasons other than
traffic congestion, so that the sound emanated therefrom is audible
on property being used for residential purposes, between the hours
of 9:00 p.m. and 8:00 a.m. of the following day. This provision shall
not apply to authorized emergency vehicles or to public utility vehicles
actually engaged in emergency operations.
J.
The use or operation, repair, rebuilding, modifying
or testing of any motor vehicle, motorcycle, motorboat, go-cart, minibike
or all-terrain vehicle on property being used for residential purposes
so as to disturb the quiet, comfort or repose of a reasonable person
of normal sensitivities.
K.
The use or operation of a refuse-collecting vehicle
anywhere which, when collecting or compacting, projects sound that
is audible on property being used for residential purposes, between
the hours of 11:00 p.m. and 7:00 a.m. of the following day.
L.
The owning, possessing or harboring of any animal
or bird that shall make sounds which are audible on property being
used for residential purposes for a continued duration in excess of
15 minutes or which shall disturb the quiet, comfort or repose of
a reasonable person of normal sensitivities.
M.
The conduct of any construction activities, including
but not limited to the erection, demolition, assembling, altering,
installing or equipping of buildings, public or private roadways,
roads, premises, parks, utility lines or other property, including
related activities such as land clearing, grading, earthmoving, excavating,
blasting, filling or landscaping, so as to project a noise therefrom
which is audible on a property being used for residential purposes,
between the hours of 9:00 p.m. and 8:00 an. of the following day.
N.
The use of any sound-emitting device inside or outside
of a structure whereby the sound emitted from such device is audible
beyond the property line of the premises upon which it is being used,
between the hours of 11:00 p.m. and 8:00 a.m., or audible at a distance
of 50 feet beyond the property line of the premises upon which it
is being used, between the hours of 8:00 a.m. and 11:00 p.m.
O.
The making of any noise for advertising purposes in
any street or public place or by means of aircraft; the advertisement
or calling attention to any advertisement, article, business, calling
or profession upon any street, sidewalk or entrance to a place of
business by means of any horn, megaphone, siren, bell radio or any
other sound-producing or sound-amplifying mechanism, instrument or
device.
P.
Noise levels by land use:
(1)
It shall be unlawful for any person to operate or
permit to be operated any stationary noise source in such a manner
as to create a sound-pressure level in dBAs which exceeds the limits
set forth for the receiving land use category in Table I when measured
at the property boundary.
|
Table I
Maximum Permissible Sound Levels by Receiving
Land Use Category
| |||
|---|---|---|---|
|
Maximum Permissible Sound Level (dBAs)
by Receiving Land Use
| |||
|
Sound Source Land Use Category
|
Time Period
|
Residential
|
Nonresidential
|
|
Residential
|
8:00 a.m. to 11:00 p.m.
|
80
|
85
|
|
11:00 p.m. to 8:00 a.m.
|
50
|
85
| |
|
Nonresidential
|
8:00 a.m. to 11:00 p.m.
|
80
|
75
|
|
11:00 p.m. to 8:00 a.m.
|
50
|
75
| |
(2)
The restrictions set forth in this section shall not apply to alarms as defined in § 159-5H of this chapter.
(3)
The restrictions set forth in this section shall not apply to the
Bethlehem Redevelopment Area (BRA).
[Added 7-17-2018]
Q.
It shall be unlawful for any person to operate or permit to be operated
any stationary noise source in the Bethlehem Redevelopment Area in
such a manner as to create a sound pressure level in dBAs which exceeds
the limits set forth below when measured at the property boundary.
[Added 7-17-2018]
|
Sound Source Land Use Category
|
Maximum Permissible Sound Level dBAs by Receiving Land
Use
|
|---|---|
|
Medium industrial classification
|
95
|
|
Heavy industrial classification
|
110
|
The following sounds shall not be deemed to
be in violation of this chapter:
A.
The sound created by bells or chimes associated with
a church, synagogue or any other place of public worship.
B.
The sound created by any governmental agency or by
the use of public warning devices.
C.
The sound created by public utilities in carrying
out the operations of their functions.
D.
The sound created by sporting events of any public
organization or private school, or carnival, fair, exhibition or parade,
provided that such event shall take place between the hours of 8:00
a.m. and 11:00 p.m.
A.
When the enforcement officer or official seeks to
apply the decibel provisions set forth in the aforementioned Table
I relative to any violation of this chapter, such officer shall use
a sound-level meter conforming to ANSI (American National Standards
Institute). Type II standards shall be used and shall be calibrated
at least annually. Qualified City personnel approved by the Chief
of Police shall operate, witness, and read the sound-level meter(s)
and related equipment. The wind-velocity gauge shall conform to accepted
standards and shall be checked periodically for accuracy.
B.
This chapter shall be enforced by the Police Department
of the City of Lackawanna.
Any person who shall violate any of the provisions
of this chapter shall be guilty of a violation and shall be punishable
by a minimum fine not less than $50 and a maximum fine of $250 or
imprisonment for not more than 15 days, or both. Each day that such
violation occurs shall be deemed a separate offense punishable as
such. This chapter shall be enforced by the City of Lackawanna Police
Department.
If any section, subdivision, paragraph, sentence
or other portion of this chapter shall for any reason be held or adjudged
to be invalid or illegal or unenforceable by any court of competent
jurisdiction, it is the intention of the City Council that such section,
subdivision, paragraph, sentence or other portion so adjudged invalid,
illegal or unenforceable shall be deemed separate, distinct and independent,
and the remainder of this chapter shall be and remain in full force
and effect.
This chapter shall be effective upon its filing
with the Secretary of State.
