[HISTORY: Adopted by the Borough Council of the Borough of
Oakmont 12-13-2010 by Ord. No. O42-2010. Amendments noted where applicable.]
It is desirous to prevent the generation of excessive, unnecessary
or unusually loud noise within the Borough of Oakmont in order to
preserve, protect and promote the public health, comfort, convenience
and safety of the residents of the Borough.
With this purpose in mind, the following definitions will apply:
The sound pressure level measured with a meter using an A-weighted
frequency response, as prescribed by the American National Standards
Institute (ANSI) or its successor.
The background average noise level within an area, exclusive
of any extraneous sounds.
Every ambulance, police, fire or civil defense emergency
vehicle.
The checking of the calibration of the microphone and electronics
of a sound level measuring device using an appropriate calibrator
traceable to the National Bureau of Standards (NBS) criteria.
Lands residentially zoned and used primarily for sleeping
purposes by people. Such land shall include the residence, building
or structure where sleeping normally takes place, and any outside
location within three feet of the major surfaces of such residence,
building or structure. Class A shall include areas designated as R-1,
R-2 and R-3 Zones.
Lands where people are likely to communicate with one another
by speech. Class B shall include public lands and zoning districts
designated C and MDX and all publicly owned parks.
Lands intended primarily for heavy commercial or industrial.
Class C shall include areas designated I or LI.
Any business or commercial activity that involves the purchase
or utilization of goods or service.
Any activity necessary or incidental to the erection, demolition,
assembly, alteration or equipping of buildings, public or private
highways, roads, premises, parks, utility lines or other property.
Any sound that is not a impulsive sound.
From 7:00 a.m. to 10:00 p.m.
The abbreviation for A-weighted sound level in decibels.
Any machine, mechanism or equipment which is intended to
or which actually produces sound or vibration.
Shall mean a sound wave whose instantaneous sound pressure
varies essentially as a simple sinusoidal function of time. Such sound
wave may exist alone or as a component of a complex sound wave.
A public calamity, utility services failure, or an exposure
of any person or property to actual or immediate danger.
The operation or parking of an authorized emergency vehicle
when such vehicle is engaged in response to an emergency. "Emergency
operations" shall not include return from such service.
Any sound-generating device that is designed to be used,
and is actually used, to warn of an emergency.
The work or activity that is necessary to prevent or recover
from an emergency, including, but not limited to, work to repair electric,
gas, water, sewer or telephone services.
The characteristic of a sound level meter which allows for
accurate measurement of impulsive sounds such as horn blasts, firearm
discharge or vehicle pass-by.
The land whereon the sound is being generated or emitted.
A sound characterized by excursions of the sound pressure
which exceed the ambient sound, by six or more decibels, but last
two seconds or less.
The production, fabrication or storage of man-made goods,
and the production, transformation and storage of energy in all forms.
The recorded or noted maximum RMS (root-mean-square) sound
pressure level noted using an instrument which meets the requirements
of this chapter.
Shall be measured using the "fast response" setting.
Shall be measured using the "slow response" setting.
Any person who has regular control of a device or site, including,
but not limited to, the owner of the freehold of the premises or lesser
estate therein, or an agent of such person.
Any individual, partnership, company, public or private corporation,
association, firm, organization, political subdivision, governmental
agency, administration or department, municipality, trust estate,
group of individuals or any other legal entity whatsoever.
Any highway, road, street, avenue, alley, public driveway
or any other public way.
Any real property or structures thereon which are owned or
controlled by a governmental entity.
An imaginary line exterior to any structure, along the ground
surface, which separates the real property owned by one person from
that owned by another person, and the vertical extension of such line.
The property line of the real property where the sound is
being heard, and where appropriate level restrictions apply. In the
case of an apartment, townhouse or condominium, the point of measurement
is within the affected unit.
The quantity, in decibels, measured using an instrument satisfying
the requirements of ANSI SI.4-1983. "Sound level" is the frequency-weighted
(see "A-weighting") sound pressure level obtained with fast or slow
response.
An instrument designed to detect and measure sound pressure
levels and display this information in decibels, in an analog or digital
form. An instrument meeting the requirements of this code shall conform
to the requirements of ANSI SI.4-1983, Type 1 or Type 2.
It shall be unlawful for the owner or occupant of any parcel
of land to create or permit the creation of sound which exceeds the
levels shown on the following table for receiving land use:
A.
Continuous sound. Maximum sound level in dB(A): slow response receiving
land use category.
|
Class
|
Day
(dBA)
|
Night
(dBA)
|
|---|---|---|
|
Class A (residential)
|
65
|
55
|
|
Class B (commercial)
|
70
|
60
|
|
Class C (industrial)
|
80
|
70
|
B.
C.
General conditions. In the event that the background noise (ambient)
level for a given land use exceeds the standards above, the following
maximum sound levels, measured using the criteria above, shall apply.
D.
Exceptions. The following activities shall be exempt from the provision
of this code:
(1)
The operation of lawnmowers, leaf blowers, or other landscaping equipment
in the course of regular lawn maintenance, between the hours of 8:00
a.m. and 8:00 p.m.;
(2)
Operation of snow blowers;
(3)
Construction activity as permitted, between the hours of 7:00 a.m.
and 8:00 p.m.;
(4)
Public assemblies;
(5)
Emergency, emergency work, emergency devices or emergency operations;
and
(6)
Church bells and the Borough's clock tower.
E.
Sound measuring equipment to be used. Enforcement of this code shall
be effected using a sound pressure level meter (sound level meter)
or logging dosimeter meeting or exceeding the requirements of ANSI
SI.4-1983, Type 1 or Type 2, with a dynamic range consistent with
the measurements being taken, A-scale weighting, and a fast and slow
response constant.
F.
Special license.
(1)
The Code Enforcement Officer is authorized to issue a license for
any activity which would otherwise create an unlawful noise level
under this chapter. Such license may be issued only upon written application
of the owner and occupant of the land or premises where the sound
is to be generated, such application specifically stating:
(a)
The source of the anticipated sound;
(b)
The anticipated level of the sound at the property line of both
the closest and highest class receiving land use within 400 meters;
(c)
The time of day or night when the noise is to occur;
(d)
The land class from which the sound is to emanate;
(e)
The anticipated duration of the noise;
(f)
Whether the noise is impulsive or continuous in nature;
(g)
The presence of discrete tones;
(h)
Whether alternate methods are available to achieve the objective
of sound producing activity;
(i)
What sound abatement steps have been taken; and
(j)
The benefit of the activity to the residents of Oakmont.
(2)
Such license will be issued at the sole discretion of the Code Enforcement
Officer, so as to minimize the inconvenience and disturbance of the
affected residents.
It is unlawful for the owner or occupant of any motor vehicle
to allow or operate a radio, sound amplifier or similar device which
produces, reproduces or amplifies sound such that the sound coming
from said device is heard at a point 50 feet from such motor vehicle.
Any person who shall violate any provision of this chapter shall
be guilty of an offense and, upon conviction thereof, shall be subject
to a fine of not more than $250 for the first offense or $500 for
any subsequent offense.
