Borough of Charleroi, PA
Washington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Charleroi 10-8-1991 by Ord. No. 873 as Ch. 73 of the 1991 Code; amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. III). Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Alarms — See Ch. 103.
Amusements — See Ch. 111.
Animals — See Ch. 117.
Firearms — See Ch. 171.
Peddling and soliciting — See Ch. 249.
Vehicles and traffic — See Ch. 324.

§ 230-1 Purpose.

Excessive noise is a serious threat to the welfare, contentment, safety, health and the peace and quiet of residents of the Borough. It is the intent of this chapter to establish requirements to prevent excessive noise that may jeopardize the health and welfare of its residents or degrade their quality of life. This chapter is not intended and shall not be interpreted to be a regulation of the content of speech or communication; this chapter is intended to be entirely content-neutral; this chapter regulates only the time, place and manner of noise as defined below.

§ 230-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
APARTMENT
A building containing multiple residential units.
dB(A)
The symbol designation of a noise level, reported in decibels, using the A-weighting network of a sound-level meter, as defined in ANSI S1.4, Specification for Sound Level Meters. For example, noise will be reported as 72 dB(A). For purposes of this chapter, the noise shall be measured using the slow exponential time weighting characteristic of the sound-level meter.
dB(C)
The symbol designation of a noise level, reported in decibels, measured using the C-weighting network of a sound-level meter, as defined in ANSI S1.4, Specification for Sound Level Meters. For example, noise will be reported as 12 dB(C) over the background noise level. For purposes of this chapter, the noise shall be measured using the slow exponential time weighting characteristic of the sound-level meter.
DECIBEL
Unit of measure of the noise level; symbol is "dB."
GENERAL BACKGROUND NOISE
Noise created by many distant noise sources individually indistinguishable. This type of noise can be present during noise measurements.
INDIVIDUAL BACKGROUND NOISE SOURCES
Clearly identifiable noise sources, including, but not limited to, barking dogs, airplane flyovers, passing cars/trucks, raised voices, televisions and radios. These sources shall not be present during noise measurements.
NOISE or NOISE LEVEL (used interchangeably for purposes of this chapter)
The sound that is measured as sound-pressure level in decibels. Noise levels relative to Tables A and B below will be recorded as the visual average for any continuous measurement period of 30 seconds and the maximum noise level measured at any time. The offending noise will be deemed to violate the provisions of Tables A and B below of this chapter if the visual average exceeds the maximum allowable noise levels and/or the maximum noise level measured at any time exceeds the maximum allowable noise levels by five dB(A) or five dB(C).
PARK
Any park owned by the Borough or the Charleroi Park Trustees.
PERSON
Includes individual natural persons, firms, partnerships, joint ventures, societies, associations, clubs, trustees, trusts, corporations, companies or organizations of any kind; or any officers, agents, employees, factors or any kind of personal representative of any kind of the above, in any capacity, acting either for herself/himself or for any other person, under either personal appointment or pursuant to law. Whenever used in any provision prescribing or imposing a penalty, the term "person" as applied to partnerships or associations includes the partners or members thereof, and if applied to corporations, the officers thereof.
PLAINLY AUDIBLE
Any noise that clearly can be heard; however, words or phrases need not be discernible.
PREMISES
Any building, structure or land, including yards, lots, courts and inner yards, owned or controlled by a person.
PROPERTY LINE
The real or imaginary line and its vertical extension which separates real property owned or controlled by a person from contiguous real property owned or controlled by another person and separates real property from the public premises.
RECEIVING PREMISES
All lands and buildings or structures thereon, equipment or appurtenances connected or used therewith and any personal property affixed or otherwise used in connection with use of such premises affected by noise emanating from another premises.
RESIDENTIAL ZONING DISTRICTS
Only those zoning districts described in Borough ordinances.
SOUND-PRESSURE LEVEL
In decibels, 10 times the logarithm (to the base 10) of the ratio of the square of sound pressure to the square of the reference sound pressure of 20 micropascals.
A. 
A preplanned event or series of events sponsored by a public or private person or entity which is:
(1) 
Located wholly or partially on property owned or maintained by the Borough; or
(2) 
Located on any other property and requires for its successful execution the provision and coordination of municipal services to a degree equal to and/or over and above that which the Borough routinely provides.
B. 
Permits for special events currently are obtained through the Borough Manager, and permit holders are required to reimburse the Borough 40% of the incremental personnel cost of services provided. Excluded from the definition of "special event" in this chapter and therefore subject to it are events where a fee is charged for admission to the premises or for the entertainment.

§ 230-3 Restriction of noise between premises.

A. 
Unamplified noise. No person shall transmit or cause to be transmitted any unamplified noise which leaves the premises from which it originates and enters any premises in a residential zoning district in excess of the noise levels specified below in Table A:
Table A
Maximum Allowable Noise Levels at Receiving Premises
Type of Receiving Premises
Daytime: 7:00 a.m. to 10:00 p.m.
Nighttime: 10:00 p.m. to 7:00 a.m.
Residential
65dB(A)
60 dB(A)
B. 
Amplified noise. No person shall transmit or cause to be transmitted any noise created by loudspeaker(s), audio amplification device(s) or other similar devices which leaves the premises from which it originates and enters any premises in a residential zoning district in excess of the sound levels specified below in Table B:
Table B
Maximum Allowable Noise Levels at Receiving Premises from Loudspeakers, Audio Amplification Devices and Other Similar Devices
Type of Receiving Premises
Daytime: 7:00 a.m. to 10:00 p.m.
Nighttime: 10:00 p.m. to 7:00 a.m.
Residential
75 dB(C)
75 dB(C)
C. 
Noise measurements.
(1) 
Location of noise measurements. Noise levels shall be measured at the property line of a receiving premises if at a distance of 25 feet or greater from the noise source. If the receiving premises property line is not at least 25 feet from the noise source, the measurement will be taken within the property of the receiving premises at the lesser of 20 feet from the noise source or the farthest possible distance from the noise source.
(2) 
Background noise. The noise measurements to determine compliance with the noise levels in Table A and Table B shall be taken in such a manner as to eliminate individual background noises. The measurement shall be of the offending noise source in the absence of such individual background noises. It is proper to take the measurements with general background noise present.

§ 230-4 Apartment-to-apartment and residence-to-residence noise.

A. 
Noise limit above the background noise level. No person shall transmit or cause to be transmitted any noise that leaves the residential premises from which it originates and enters any residential unit creating noise levels in excess of the background noise level in the complainant's residential unit at the levels specified below in Table C:
Table C
Maximum Allowable Noise Level Above Background Noise Level — Measurement at Complainant's Unit
Type of Receiving Premises
Daytime: 7:00 a.m. to 10:00 p.m.
Nighttime: 10:00 p.m. to 7:00 a.m.
Residential
10 dB(C)
5 dB(C)
B. 
Noise measurement. An officer responding to a complaint shall measure the noise at a centralized location in the complainant's unit corresponding to the noise source located on the offending premises.

§ 230-5 Noise from vehicles.

A. 
No person shall transmit noise from a vehicle being operated on a public street or alley or in commercial or residential parking facilities by playing any radio, tape player, compact disc player, loudspeaker, or other electronic device used for the amplification of music or other entertainment, which is plainly audible to an officer at a distance of 75 feet from the source of the noise.
B. 
This provision also includes portable, hand-carried, audio amplification or reproduction devices, including, but not limited to, hand-carried radios, cassettes, or compact disc players.
C. 
Vehicles with permits for activities consistent with the transmission of amplified noise shall be exempt from this section.

§ 230-6 Exemptions.

A person shall be exempt from this chapter, provided that:
A. 
The noise is being generated to request assistance or warn of a hazardous situation;
B. 
The noise emanates from an authorized emergency vehicle or a vehicle operated by a gas, electric, communications or water utility;
C. 
The noise emanates from a bell, chime or similar device used by a church, mosque, synagogue or school;
D. 
The noise emanates from lawn care and other household maintenance equipment and tools used between 7:00 a.m. and 10:00 p.m.;
E. 
The noise is being generated by construction activities properly permitted in the Borough;
F. 
The noise is in connection with a parade or special event that is being conducted under a parade or special event permit issued by the Borough and is otherwise in compliance with Borough ordinances, provided that the maximum allowable noise level in the applicable section is not exceeded between the hours of 11:00 p.m. and 7:00 a.m.;
G. 
The noise is being generated by the crowd at a sporting event or other event being conducted pursuant to a permit issued by the Borough;
H. 
The noise is being generated from the engine of a motor vehicle that is subject to regulation exclusively by the Pennsylvania Department of Transportation; or
I. 
The noise level is not violated in a residential zoning district, but the noise interferes with, interrupts or excludes others in their right to legal use of the same area of a park facility.