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Borough of Franklin Park, PA
Allegheny County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Franklin Park 7-19-2017 by Ord. No. 637-2017.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 89.
Peace and good order — See Ch. 150.
[1]
Editor’s Note: This ordinance also superseded former Ch. 136, Noise, adopted 7-15-1998 by Ord. No. 456-1998.
It is hereby declared to be a nuisance and it shall be unlawful for any person, firm or corporation to make or cause or suffer or permit to be made or caused, upon any premises owned, occupied or controlled by him or her or it or upon any public street, alley or thoroughfare in the Borough of Franklin Park, any unnecessary noises or sounds by means of the human voice or by any other means or methods which are physically annoying to the comfort of any person or which are so harsh or so prolonged or unnatural or unusual in their use, time and place as to occasion physical discomfort or which are injurious to the lives, health, peace and comfort of the inhabitants of said Borough or any member thereof.
No person, persons, firm or corporation shall play, use or operate or knowingly permit to be played, used or operated any radio receiving set, musical instrument, phonograph, sound amplifier, loudspeaker or other machine or device for the reproduction of sound upon property (real or personal) or premises owned, occupied or used by him, them or it which is not measured and regulated by decibels so that the sound coming from such machine can be audibly heard at a distance greater than 100 feet from the property or premises wherein such machine or device is located. Nothing herein contained shall be construed to prohibit the playing of a band or orchestra in any concert hall, auditorium or public park or the utilization of such sound-producing devices by charitable or nonprofit groups for the general purpose of public announcements or public events.
A. 
No person shall operate a sound truck or loudspeaker on the streets or public places of the Borough of Franklin Park without first obtaining a permit therefor from the designated Borough official. Such permit shall not be transferable from person to person or from sound truck to sound truck and may not be extended as to the date it shall be used, nor shall any permit for the operation of such sound truck be issued for use earlier than 8:00 a.m. or later than 9:00 p.m. of the prevailing local time. Every application for a permit shall be accompanied by a permit fee as determined by the Borough Council of Franklin Park Borough pursuant to resolution, and no such permit shall be issued until the prescribed fee shall have been paid.
B. 
The application for such permit shall be filed in duplicate with the Borough, and the permit issued shall be limited in accordance with the information contained in such application, which shall set forth the following:
(1) 
The name and home address of the applicant.
(2) 
The business address of applicant.
(3) 
The name and address of the owner of the sound truck.
(4) 
The make and license number of the sound truck.
(5) 
The name and address of the person operating the sound truck.
(6) 
The name and address of the person operating the sound equipment.
(7) 
The purpose for which the sound truck will be used.
(8) 
The proposed hours of operation of the sound truck.
(9) 
A certificate from an engineer that such amplifying machine is so equipped and regulated by decibels that the sound coming from such machine cannot be audibly heard at a distance greater than 100 feet from the sound truck or amplifying machine.
C. 
After the issuance of said permit, the designated Borough official shall return one certified copy of the application to the permittee, together with the permit, which must be in the possession of the operator of the sound truck during such time as the sound-amplifying equipment is in operation. Such certified application and permit shall, upon request, be promptly exhibited to any police officer of the Borough of Franklin Park.
D. 
No permit, so issued, may be used which attracts the attention of motorists or pedestrians, causing the blocking of streets and thereby creating a traffic congestion and hazard.
It shall be unlawful for any person, firm or corporation to sound any horn or warning device on any automobile, motorcycle, bus or other vehicle except when required by law or to give timely warning of impending danger to persons driving other vehicles or to persons upon the street. No person shall sound any horn or warning device on any automobile, motorcycle, bus or other vehicle which shall emit an unreasonably loud or harsh sound or for any unnecessary or unreasonable period of time.
It shall be unlawful for any person, firm or corporation to engage in any exterior construction, including erection, repair, alteration, renovation, demolition, or removal of any building or structure and the excavation, filling, or grading in connection therewith, before 7:00 a.m. and after 7:00 p.m., Monday through Saturday, and before 9:00 a.m. and after 5:00 p.m. on Sunday, and all day on New Year's Day, Easter, Memorial Day, 4th of July, Labor Day, Thanksgiving, and Christmas Day. Construction sites are not permitted to accept deliveries, permit pickups, load, unload, or warm up equipment before or after permitted hours. Exceptions to the permitted days and hours may be granted, in writing, by the Borough Manager or his designee, who may require conditions of approval, including but not limited to noise mitigation and additional time restraints. This section shall not apply to work performed by the Department of Public Works or necessary repairs conducted immediately following severe weather events, other natural disasters, or an emergency declared by the Mayor.
Any person, firm, or corporation who shall violate any provision of this article, or fails to comply therewith, or with any of the requirements thereof, upon conviction thereof in an action brought before a magisterial district judge in the manner provided for the enforcement of summary offenses under the- Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not less than $100 nor more than $1,000, plus costs, including reasonable attorneys' fees incurred by the Borough, and, in default of payment of said fine and costs, to a term of imprisonment to the extent permitted by law for the punishment of summary offenses. A separate offense shall arise for each day or portion thereof in which a violation of this article is found to exist and for each section of this article found to have been violated. The Borough may also commence appropriate actions in equity to prevent, restrain, correct, enjoin, or abate violations of this article. All fines and penalties collected for violations of this article shall be paid to the Borough Treasurer. The initial determination of ordinance violation is hereby delegated to the Borough Manager, the Police Department, the Code Official, the authorized designee of the Borough Manager, and to any other officer or agent that the Borough Manager or the Borough Council shall deem appropriate.
The Borough Council of Franklin Park, finding that excessive levels of sound are detrimental to the physical, mental and social well-being of the people as to their comfort, living conditions, general welfare and safety, and, being therefore public health and welfare hazard, hereby declares it to be necessary to provide for the greater control and more effective regulation of excessive sound and the sources of excessive sound within the Borough of Franklin Park.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
DISTURBANCE
Any sound which:
A. 
Endangers or injures the safety or health of humans or animals; or
B. 
Annoys or disturbs a reasonable person of normal sensitivities.
NOISE
Any sound which annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans.
PERSON
Any individual, association, partnership or corporation. Whenever used in any clause prescribing and imposing a penalty, "person" includes the individual members, partners, officers and managers, or any of them, of partnerships and associations and as to corporations, the officers and managers thereof, or any of them.
SOUND
Vibrations in air or another medium that stimulate the auditory nerves and produce the sensation of hearing.
It shall be illegal within the Borough of Franklin Park for any person or persons to own, possess, harbor or control any animal or bird which makes any noise continuously and/or incessantly for a period of 10 minutes or makes such noise intermittently for 1/2 hour or more to the disturbance of any person any time of the day or night, regardless of whether the animal or bird is physically situated in or upon private property, said noise being a nuisance, provided that at the time the animal or bird is making such noise, no person is trespassing or threatening to trespass upon private property in or upon which the animal or bird is situated nor is there any other legitimate cause which justifiably provoked the animal or bird.
This article shall not be deemed to prohibit or otherwise declare unlawful any agricultural operations protected from nuisance suits by Act No. 1982-133.[1]
[1]
Editor's Note: See 3 P.S. § 951.
Any person, firm, or corporation who shall violate any provision of this article, or fails to comply therewith, or with any of the requirements thereof, upon conviction thereof in an action brought before a magisterial district judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not less than $100 nor more than $1,000, plus costs, including reasonable attorneys' fees incurred by the Borough, and, in default of payment of said fine and costs, to a term of imprisonment to the extent permitted by law for the punishment of summary offenses. A separate offense shall arise for each day or portion thereof in which a violation of this article is found to exist and for each section of this article found to have been violated. The Borough may also commence appropriate actions in equity to prevent, restrain, correct, enjoin, or abate violations of this article. All fines and penalties collected for violations of this article shall be paid to the Borough Treasurer. The initial determination of ordinance violation is hereby delegated to the Borough Manager, the Police Department, the Code Official, the authorized designee of the Borough Manager, and to any other officer or agent that the Borough Manager or the Borough Council shall deem appropriate.