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.
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.
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.
SPECIAL EVENT
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.
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.