[HISTORY: Adopted by the City Council of the City of Altoona 12-5-2022 by Ord. No. 5798.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 470,
Noise, adopted 6-27-2007 by Ord. No. 5568, as amended.
A.
The purpose of this chapter is to ensure the public health, safety
and welfare shall not be abridged by the making and creating of public
nuisances from disturbing, excessive, or offensive noises. These regulations
and prohibitions are intended to protect the physical, mental and
social well-being of the residents of the City of Altoona and to foster
mutual respect among residents with regard to living and working environments
being free of noise pollution.
B.
It shall be unlawful for any person to make, continue, or cause to
be made any loud, unnecessary, excessive, or unusual noise or any
noise which either annoys, disturbs, injures or endangers the comfort,
restfulness, health, peace or safety of others within the City, or
is annoying to a person of ordinary sensibilities as hereinafter set
forth.
The following words and phrases, when used in this chapter,
shall have the meanings respectively ascribed to them:
Any device or combination of devices used, or capable of
being used, as a means of accomplishing a desired end, such as, but
not limited to, a window air-conditioning unit, a radio, or a stereo.
City of Altoona, Blair County, Pennsylvania.
Any occurrence or set of circumstances involving actual or
imminent physical or psychological trauma or property damage which
demands immediate action.
Any device or combination of devices to accomplish a desired
end, such as, but not limited to, a chainsaw, lawnmower, snowblower,
bulldozer, backhoe, hammer, power saw, radio, stereo equipment, or
CD player.
That sound which is:
Any device designed and/or used for decreasing or abating
the level of sound escaping from an engine or machinery system.
Any building comprising two or more dwelling units, including,
but not limited to, apartments, condominiums, co-ops, multiple-family
houses, townhouses, and attached residences.
Any distinct parcel of land that is used for more than one
category of activity. Examples include, but are not limited to:
A commercial, residential, industrial or public service property
having boilers, incinerators, elevators, automatic garage doors, air
conditioners, laundry rooms, utility provisions, or health and recreational
facilities or other similar devices or areas, either in the interior
or on the exterior of the building, which may be a source of elevated
sound levels at another category on the same distinct parcel of land;
or
A building which is both commercial (usually on the ground floor)
and residential property located above, behind, below or adjacent.
Any sound emitted by a person, animal, vehicle, appliance,
equipment, container, machinery or other devices or objects creating
noises, and its environmental interaction.
Either the owner or operator of vehicles, appliances, equipment
or devices, whether an individual, firm, association, organization,
partnership, trust, company, corporation or any other similar entity.
Any street, avenue, boulevard, road, highway, sidewalk, alley
or easement that is owned, leased, or controlled by a nongovernmental
entity.
Any street, avenue, boulevard, road, highway, sidewalk, alley
or easement that is owned, leased, or controlled by a governmental
entity.
Either:
The imaginary line, including its vertical extension, that separates
one parcel of real property from another;
The vertical and horizontal boundaries of a dwelling unit that
is part of a multi-dwelling-unit building; or
On a multi-use property, the interface between the two portions
of the property on which different categories of activity are being
performed (e.g., if the multi-use property is a building which is
residential upstairs and commercial downstairs, then the real property
line would be the interface between the residential area and the commercial
area).
Any day that is not a federal holiday, and beginning on Monday
at 7:00 a.m. and ending on the following Friday at 6:00 p.m.
Beginning on Friday at 6:00 p.m. and ending on the following
Monday at 7:00 a.m.
A.
This chapter shall apply:
B.
The provisions of this chapter are not intended to interfere with,
abrogate or annul other rules, regulations or ordinances, including
Title 18 (Crimes Code) and Title 75 (Vehicle Code), Pennsylvania Consolidated
Statutes. If more stringent requirements concerning noise abatement
are contained in the other statutes, rules, regulations or ordinances,
the more stringent regulation shall apply.
The following devices are exempt from the provisions of this
chapter:
A.
Aircraft (except model aircraft and/or drones).
B.
Police, fire, ambulance, and other governmental emergency vehicles.
C.
Backup alarm devices on trucks and other equipment when installed
and operated in accordance with Society of Automotive Engineers recommended
practice J 994, "Criteria for Back-Up Alarm Devices."
D.
Governmental warning devices (i.e., civil defense and fire siren).
E.
The provision, repair and maintenance of municipal services or public
utilities.
F.
Bells, chimes and carillons used for religious purposes or in conjunction
with national celebrations or public holidays; existing bells, chimes
and carillons that are currently in use for any purpose.
G.
Appliances, lawn and garden equipment, and household power tools
in use between the hours of 7:00 a.m. and 9:00 p.m., provided such
are operated within the manufacturer's specifications and with
all standard noise-reducing equipment in use, unmodified, and in proper
operating condition.
H.
Air conditioners, fans, heating units and similar devices, provided
such are operated within the manufacturer's specifications and
reasonable measures are taken to reduce noise levels.
I.
Motor vehicles regulated by other rules, regulations or ordinances.
J.
Musical, recreational and athletic events conducted by schools or
local government.
K.
Activities permitted by special waiver, according to the terms and
conditions of said waiver; activities conducted in accordance with
a special activity permit approved by the City Manager, i.e., parades
or festivals.
L.
Highway and utility maintenance, construction, snow removal. Necessary
excavations in or repairs of bridges, streets, or highways, or public
utility installations by or on behalf of the City of Altoona, or any
public utility or an agency of the Commonwealth of Pennsylvania, during
the night or Sunday, when the public health, safety, or welfare necessitates
the performance of the work at such time.
A.
Except as otherwise provided in this chapter, it shall be unlawful
for any person to make or cause to be made any excessive noise or
to allow any excessive noise to be caused or made in or on any real
or personal property occupied, controlled or owned by that person.
B.
In addition to the foregoing, it shall also be unlawful for any person
to create, assist in creating, or as owner, lessee or occupant of
the property on which the activity is located permit any of the following
acts:
(1)
Radios, stereos, and musical instruments. The playing of any radio,
stereo, television set, amplified or unamplified musical instrument,
loudspeaker, tape recorder, compact disc player, or other such electronic
sound-producing devices, in such a manner or with volume that is:
(a)
Plainly audible at a distance beyond the property line of a
single-family dwelling unit from which it is generated or outside
of the duplex dwelling unit or individual dwelling unit of the multiple-family
dwelling unit from which it is generated that would be annoying to
a person of ordinary sensibilities; or
(b)
Plainly audible at a distance from the vehicle in which it is
generated that would be annoying to a person of ordinary sensibilities;
or
(c)
Plainly audible at a distance from its location on public property
or private property open to the general public that would be annoying
to a person of ordinary sensibilities.
(d)
Causing or has caused vibrations with a bass within a dwelling
unit or within a vehicle other than the unit or vehicle from which
it is/was generated.
(2)
To the extent that the property and/or the activities on the property
are governed and subject to the rules and regulations of the Pennsylvania
Liquor Control Board (PLCB), the PLCB rules and regulations regarding
noise shall apply.
(3)
Shouting and whistling. Continuous or repeated yelling, shouting,
loud whistling, or loud singing, so as to disturb the peace, comfort,
or repose of others within the City by being plainly audible to persons
within any dwelling, hotel, hospital, office or other type of residence
other than that from which it originates that would be annoying to
a person of ordinary sensibilities.
(4)
Animals and birds, etc. The keeping of any animal(s) or bird(s),
including dogs, which by causing frequent or long continued noise
shall disturb the comfort or repose of any person in the vicinity.
(5)
Whistles or sirens. The blowing of any amplified or electronic whistles,
vuvuzelas, air horns or sirens, except to give notice of the time
to begin or stop work or as a warning of fire or other danger.
(6)
Loading operations. Loading, unloading, opening or otherwise handling
boxes, crates, containers or similar objects between the hours of
9:00 p.m. and 7:00 a.m. the following day in such a manner as to create
a noise disturbance within a residential district, except during an
emergency.
(7)
Construction noise. Operating or causing to be operated any equipment
used in construction, repair, alteration or demolition work on buildings,
structures, streets, alleys or appurtenances thereto in the following
manner:
(a)
With sound control devices or standard noise-reducing equipment
which has been tampered with or not being operated within the manufacturer's
specifications or otherwise not in proper operating condition; or
(b)
Between the hours of 7:00 p.m. and 7:00 a.m. the following day
on weekdays and Saturdays and between 7:00 p.m. on Saturday evenings
and 9:00 a.m. on Sunday, which creates a noise disturbance, unless
otherwise exempted in this chapter, or by an act of Council.
(8)
Power equipment. Operating, or permitting to be operated, any power
saw, sander, drill, grinder, garden equipment or tools of a similar
nature, outdoors between the hours of 9:00 p.m. and 7:00 a.m. weekdays
and Saturdays and between 9:00 p.m. on Saturday evenings and 9:00
a.m. on Sundays, in such a manner as to create a noise disturbance.
(9)
Devices to attract attention. The continuous or repeated use of any
drum, loudspeaker, amplifier, car alarm or other instrument or device
for the purpose of attracting attention so as to disturb the peace,
comfort, or repose of others within the City of Altoona being plainly
audible to persons within any dwelling, hotel, hospital, office or
other type of residence other than that from which it originates.
(10)
Other excessive noise. The creation of any other excessive or
unreasonably loud noise which disturbs the peace, comfort, or repose
of others within the City of Altoona being plainly audible to persons
within any dwelling, hotel, hospital, office or other type of residence
other than that from which it originates.
The provisions of this chapter shall be enforced by the City
of Altoona police officers, City Codes Enforcement Officers and others
designated by the City Manager.
A.
Whoever violates any provisions of this chapter shall, upon conviction
thereof in a summary proceeding, be fined not less than $150 and not
more than $1,000 for a first offense, not less than $300 and not more
than $1,000 for a second offense, and not less than $500 and not more
than $1,000 for a third or subsequent offense, to be collected as
other fines and costs are by law collectible, or imprisoned for not
more than 90 days, or both. Each day during which a violation occurs
shall constitute a separate offense.
B.
This chapter and the foregoing penalties shall not be construed to
limit or deny the right of the City or any person to such equitable
or other remedies as may otherwise be available with or without process
of law.
