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F'ILE OF'COTJNCILNo.; LooA - 1,f (2006)

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.(AFI ORDINANCE'

AN ORDINANCE OF TIIE BOR,OUGT{ OF FORTY F'ORT RItrCULATING EXCE.SSIVESOU}TD AND IT{E SOURCES OF EXCESSNTE SOUND WITHIN THF', BOROUGTI O}"FORTY FORT, PROVIDING F'OR GREATER CONTROL AND MORE EFFECTIVERITGUL.4.I-ION OF EXCgSSIVE SOUND AND THE SO{IRCES OIT THE EXCESSIVE,

SO[J]YN. PROVIT}ING FOR. PENALTIES FOR EXCESSTVE, SOTIND.

" WHEREAS, The Borough of l.-orty Fort (Borough) is responsible for enacting

and enfnrcing maftet.s associated with the health, safety and welfare of the residents; and

UTIIEREA,S, tlre'oise within the Borough has increased; and

\4'IIERI}AS, the increase in noise affects the physical, mental and social well

being of tJre residents withil the Borough.

- BE IT ORx)AINED AND ENACTED bythe Council of the Borough of Forty

Fort as follolvs:

SECTION L: Title

A. lhis Part slrail be known as the.T,troise Ordinance"

SECTtrON 2: Definitions: word usage.

l. The following definitions shall appty in the hterpretation and enforccmsnt of thisPart:

A-WEIGHTED SOUND LEVEL -thesoundpressule level indecibels as measured on a sound level rneter using the A-weighted netw<lrk. 'lhelevel so rcad is designated dB(A).

AMBffNT NoIsD -the all encompassing noise associated with a givenenvironmenl being usually a composite of sounds from many sourscs nsar or tar.

CONSTRUCTION OPERATION -the erection, repair, renovation, demolition orremovgl of any building 0r sfrucfure; aud the exoavation, filling, gading andregulation of lots in connection therewith.

DECIBEL dB -a unit for measuring the sound pressure level, equal to twenty (20)times the logarithm to the base ten (10) of the ratio of the pressure of the soundmeasured to the reference pressure, whioh is twonfy (20) micropascals (20micronewtron$ per square meter.)

EFIERGENCY -auy occtrrence or set of circusrstanccs involving actual or imminentphysioal trauma or property damage.

EMtrRGENcy woRK -any work performed for the purpose of prcventing oralleviating the physical trauma or property danage ttreatened or caused by anemergency.

IMPTILSIVE SO{JFID -souud of short duration, usually less than one (l) second,with an abrupt onset and rapid decay. Examples of impulsive sound includeexpiosions, drop forge irnpacts and the discharge offuiamrs.

MUFFLER oR souND Drs$IpATTvE, DEvrcE- a device designed or used fordecreasing or abating the level of sound escaping from an engine or machinerysystem.

NOISE -any sound which annoys or disturbs humans or which causes or tencls tocause an adverse psychological or physiological effect on humans.

NOISE DISTURBAI{CE -any sound which is in excess of the sound levels byzoning disfricts established belorv.

PERSON -any individual, association, parhrership or corporation, ancl includes anyofficer, employee, depzutrrentj agercy or instrumentality of a state or any politicalsubdivision of a sate. whenever used in any clause prescribing and imposing aFeralry,'trerson" includes thc individual members, partlers, offi"rrs *i *unug"rqor any of them, of partnerships and associations, and as to corporations, the officersand managers thereof or any of them.

POWERED MODEL vEIrrcLE -any self-propelled air.borne, warerborne orIandborne plane, vessel or vehicle, which is not designed to carry persons, including,but not limited to, any mndel airplarre, boat car or rocket.

I'uBLrc RrGHT-oF-\ryAY -any streel; flvcnue, troulevard, highway, sidewalk, alleyor similar place which is owned or conh.olled by a governniental entity.

FUBLIC $PACE -any real property or sftuctures thereonwhich are owned 0rcontrolled by a governmental entify, church or civic organization.

PURE TONP -airy sourd which can be heard as a single pitch or a set of singlepitches. For the purpose of this Part, a purs tono stralt ixist if the one-third (%)octave band sound pressure level in the band with the tone exceeds tlre ipithmeticaverage of the soutrd pressure levels of the two (2) contiguous octave bands by 5dBfor center frequencies of500ltz and above and by SdB for center lrequencies betweeni 60 and 4A0 Hz and by 15dB for cenler frequencie s less than or equal to I 25IIz.

FROPEITTY LINE (EOUI{DARY) -an imaginary line drawn tluough the points ofcontaot of adjoirring lands, apartments, condominiums, towrrhou$es and duplexesowned, rented or leased by different psrsons, a demarcation or a line of separation ofpt'oper[ies, and al.so, for any two (2i or more buildings sharing commoil gr.ounds, theline drawn rnidway between any two {2) said buildings. All areas devoted to publicright-of-way shall be deemed to be a*oss the properfy line, For the puqpose of thitregulation, the properly line includes all points on a plane formed by projecting theproperty line in a manner deemed appropriate by the enforcing police officer.

REAL I'R-oPrcRTY -all land whether publicly or privately owned, whetherr$proved or not improved, with or without shucfures, exclusively of any areas.devoted to public right-of-way,

SOTIND -an oscillation. in pressure, particle d.isplacement, particle velocity or otherphysicai parameter in a rnedium with internal forces that causes cornpressiou andrarefaction of that medium. I-he description of sound rnay include any characteristicsof suoh sound, includingduration, intensity, and frequency

SOUND LEVIII, -fte weighed sound pressure level obtained by the use of a soundlevel meterand frequency.weighting nefwork, such as A, B or c, as specified iuAmerican National Standards Institute specifications for sourd levei meters (ANSISI'4-1974, or the latest revision tliereof). If the f,requency weighting employed is nolindicated, the A-weighting sha[ apply.

SOIIND LE\IEL MEfIiR -an instrument which inoludes a miorophone, anrplifier.,RMS detector; integtator or tirne averager, oulput meter and auy applioable *"igtttitrgnetwork used to measu{e sound pressure levels which meets or exceeds therequirement f'or Type lbr Type II sound levgl mefer as specified in ANSISpecifications $1.4-1974- The manufaclure's publistred indication of compliancewith such specifications shall tre pri*ra fauic evidenue of such compliance.

t.

ZOF{ING DISTRICTS -means the land use dishicts established by the Zonngordinance of the Borough of Forty Fort, and all subsequent amendmcnts.

PROHIBI'TND ACTS

Npise l)isturbagqg Prohibited. No person shall make, cotrtiuue, or cause to be madeor coutinue4

^ny uoise disturbance,

$D.pcifiq Prphibitiqns. In addition to noise disturbances prohibited under above, tirefo"lloWing actsr aed the causing thereof are declared m be noire disturbances andthcrefore in violation of this Pa*.

A. Radios. Televisiou sets. Musical lxbqsenJs..and_.Simila.r Devises. operaling,playing or peimitting the operation or playing of any radio, television,phonogaph, drum, musical insrrument, sound amplifier, automobile radio,autornobile stereo or high Iidelity equipment or similar device whichproduces, reproduces or. amplifi es sound:

(l) At any time in such a manner as to cawe a noise disturbance across aprnperly line ftoundary),so as to be plainly audible across a propertryIine ftoundary).

(2) lrt such a marurer as to create a noise disnrrbance across a propergr Iine(boundary) or at fifty (50) feet from such device, whichever is less,wherr the device is operated in or on a motor vehicle, or hand carried,on pubiic right-of-way or public space.

(3) In such a menner as to crsate a noise disturbance to any person otherthan the operator of the device, when operated by any passenger or acorrmon carrier.

Yfllqq and Shp.trtlne. Etc. Engaging in Ioud yelling, shouring, and irooring,whistling or singingl

(1) At any time in such a manner as to cause a noise disfurbance across aproperty line (boundary).

Q So as to be plainly audible acros$ apr.opefly line (boundary).

(3) On the public streets befween tire hours of 9:00 p.m. and B:00 a.m.

Construcf,ion' Operating or perrritting the operation of any tools or equiprnentused in constructiolr operations, drilling or demoiition rvork:

B.

C.

(r ) Betwecn the hours of 9;00 p.m. and 7:00 a-m. the fbllowing day oirweekdays and Satwdays or at any time on Sundays or legal holidaS,s,such that the sound therefrom creates a rroise disturbancc across aresidential real property line ftorurdary), except for emergency work.

At any other time such that the sound level at or across a real propertyline (boundary) exceeds 85 dl}(A) for a period of one (1) hour.

This Section shall not apply to the use of domestic power toolsdescribed below.

Domestic Power Tqols..*Operating or pennitting the operation of anymechanically powered saw, drillo sander, grtnder, lawn or gardon tool)snowblower, or similar device used outdoors in residential areas (see belou')between the hours of 9:00 p,m. and 8:00 a.rn, so as to cause noise disturbanceauoss a residentiai propsrty line (boundary').

I'oadi$g and Unloedipe. Load.ing, unloafing, opening, closing or otherhandling boxes, crates, containers, building materials, garbage cans orsimilar objects between thc hours of 9:00 p.il.. and ?:00 a.m. the followingday 1o stlcha xftssrer as to caus6 a noise disturbanue across a residentialproperfy line ftoundary).

This Section shall not apply to municipal or utility seryices iu or abouf thepublic right-of-way or to licensed refuse haulers.

Alimals and"Firds.

(I) Owning, possessing, harboring or controliing any animai or bird whichhowls, barks, meows, squawks or makes other sounds continuouslyand/or incessantly for a period of ten (10) minutes or makes such noiseinterrniuenfly for one-half (%) hour or more to the disturbauce of anypemon at any time of the day or night regardless of whether thc ariimaior bird is situated iu or upon ltrivate property; provided, however, tiratat the time the animal or bird is making srrch noi$e, no person istrespassing or threatening to tre.spass u1:on private property in or uponwhich the alrimal or bird is situated or firr any ot}er legitimate causewhich teased or provoked the animal or bird-

(2) This subsection only applies when two (2) or more persons file thecornplaints about tlre anirnai or i:ird. However, prior to filing thecomplaint, the comi:Iainar:ts must first request the person owning,possessing, harboring or con{roliing the animal or bird to take actionto prevent the anin:al ar bird fi'om oreating a noise, disftii.bance. Hafler making the reqr:est to the person owning, possessing, harboririg

a)

(3)

D.

E.

4

F.

or conholliflg the anirual or bird, the uoise disturbancc conlinues, a

complaint may be filed.

G. Powered Model Yehiclqs. Operating or permitting the operation of poweredmodel vehicles so as t0 crgate a noise distubance across a residential properfyline (boundary) between the hours of 9:00 p.m. and 8:00 a.m.

H. $trep.ti$ele$. Offering for sale or selling by shoqting or outcry or by any otherampiified or unamplified sound within any residential or commercial area (.see

below Table) of the Borough of Forty Fort except between the hours of 8:00a.m. and 9:00 p.m. and at no time in such a manner as to violate otherprovisions of this Ordinance.

L lkmpering. The following acts or the causing thereof are prohibited:

(1) Ths removal or rendering inoperadve by any person other than forpurposgs of maintenance, repair or replacernent, of any muffler orsound dissipative device or elemeut of design or noise label of anyproduct.

Q 'The use of a product which has had a muffler or sound dissipative

device or element of design or noise iabel lemoved or renderedinoperative, wiflh knowledge that such action has occuned.

I. Vehicle. Motorboat or.AiLqaft &e€euros and Testing. Repairing, rebuilding ortesting any motor vehicle, motorcycle, motorboat or aircraft in such a maruler

. as to cause anoise disturbance across aresidential real proper{ry line(boundary).

3 . Motor .V-4ri.q.le.P.rphibitlons.

Motor Yehicle and Motorqy. clpq_on.Fu.hlis"Rjsht-.gf-Way-. No person shalioperate or cause to be operated a public or private motor vehicle ormotorcycle, or any equipment attached to such vehicJe, on a public right-of-way at any time in such a manner that the sound level emitted by tlie motorvehicle or motorcycle, or any equiprnent attached to such a vehicle, exceedsthe level set forth in Title 67, Chapter 450, of the Pelunyivauia Department ofTransportation Regulations @stablished S ound Levels).

StaUding Moto{ Vehicles. No person shall operate or perrnit the operation ofany motor vehicle or any aruiliary equipment attaclied to such a vehiclc, for a

period ionger than fifteen (15i minutes in any hour while the vehicle isstationaty, fcr rea^qons othbr than tlaffic colrgcstion, anywlrere witfiin nnehundred fifty (150) feet of any residence in such a fflarlner as to cause a noisedisturbance &sross u residcntiul property line (boundary).

A.

B.

C, Unnecessar.v Horn Blorying. No person shall at any time souud the horn orother warning device of a vehicle except when absolutely necessary as awarning while actually driving such vehicle.

D. SpUqdJrupks. No person shall operate sound ampliffing equipment mountedon or attached to any motor vehicle at any time in such a manner as to exceedthe maximum permissible motor vehicle noise emissions as set forth in thisOrdinanc.e.

4. PrimaFacip,V-iglatigg. The noise from any of the aforesaid prohibited acts thatdisturbs two (2) or more rtsidents who are in general agreement as to the timesand durations of the noise and who reside in separate residences {ircludingapartments and condominiurns) located across aproperty line (boundary) fromthe properly on which the source of the noise generated shall be prima facieevidqnce of a noise disturbance

SOUNIJ T,EVEL tsY ZONM{G DISTRICTS.

l. Maximum Fermissible -$ourrdleveig_by Zpnins Districts. No person shalloperate\ or cause to tre operated any source ofsound in such a rnanner as to createa sound level which exceeds the limits sel forth in the znning designationscategory in Table I rvhen measured at or across the properfy line (boundary) &'ornthe noise source . Any sound source that produces sounrl in excess of those leveisshall constitute a noise disturbance.

Table 1'S-qgn4l*vets by Zoning Districts

Zoning District ofthe Piaperty souncl Level Linit" dB(A)on Whicir the Source of the Noise B:00 a.rn. - 9:00 p-m.is Located 9:00 p.m. - 8:00 a.m

Residential

Commercial

s',t 52

60 55

2. WherlExceeded. The sound level limits sef forth in Table 1 shall be exceededwhen any one (1) or rnore of the following ocour:

A. The souud at afly oue (l) point in timc excccds any of tire established zonclimits in Table I by a measured sound level of fifteen (15) dB(A).

3.

+.

aJ.

6.

B. The sound exceeds any of the established zono limits in Table 1 by ameasured sourd level of ten (10) dB(A) for a cumulative total of one (1)minute or more out of any ten (10) minute period.

C. The sound exceeds any 0f ths establishsd zone limits in Table 1 by ameasured sound level of three (3) dB(A) continuously for a period of five(5) minutes, or a total of hve (5) minutes out of any ten (i0) minuteperiod.

Ambient So.und. In the event the background ambient sound levels in an area ofsuspected noise disfurbance exceed the levels set forth in Table 1, the sound levelof intrusive sound source shall be measured with the ambient backgrorrnd soundlevel being substituted as the Table 1 sound level limit.

Where M.oas.g$d. For the purposes of this Section, sound shall be measured at orbeyond the properly line (boundary) of the property on which the noise source islocated.

PureJone, arrd Impulsivg-$ound. For any sourcc of sound which emits a puretouc or impuisive sound, the limits set forth in Tabie I shail be reduced by five (5)dB(A),

Adjusgnent for Nonconfolmine uFg.s*" Any noise which occurs on propertywhich, according to the Forty Fort Borough Zoning ordinance, is being used in alegally nonconforming mamrer, and which noise relates to said use, shall bejudged as if the properry bore a zoning designation under which the use would beconfonning.

M.e.?$ured Instruments. All sound rneasurements shall be made on a sound levelmeter calibrated in the rnanner required by the manufacturer's specifications,

Exemptiqp$-fi'or4 so-undJ,evel-Limits_. The provisions of this section shall notapply to:

A. Activities covered by the following sections: "construction"; "DofilesticPower Tool$," or ary emergency sigrraling device used because of anemergenoy.

B. Motor Vehicles.

7.

8.

E}(EMPTIONS.

Thc following sounds are cxempted from the provisions of this part:

It- Amplified Attrrounp.-e.tl1gllt. Elecbonically amplified arurouncements at athletic

events.

Hlaqthg. tslasting, under pennit by the City. Such blashng may occur orilybefween the hours of 9:00 a.n. and 4:00 p.m., Monday ttuough Friday, unlessspecifically authorized by perurit.

Concerts..F&. Band concerts, block parties, church carnivals, fbstivals or otherpeifomtanoes or similar activities publiciy or privately sponsorcd and presented inany pubiic space outdoors shalt be exemFt from the provisions of this Partprovided:

A. Such activities do not produce 1sdB(A) in excess of the sound levels setforth above.

B. such activities do not occur between the hours of 10:00 p.m. and B:00 a.rn.

Fmerqency Work. Sounds caused hy the performance of emergency work, or hythe ordinary and accepted use of ernergency apparafui.s and equipment.

Munic.ippl aud Utilitv Sggvices. Sounds resulting from the repair or replacementof any municipal or utility installation in or about the public right-of-way.

schooL and P-u.h[p Actiyities. sounds not elec{ronically amplifred, created byorganized school related programs, activities, athletic and e[tertainment events, oro&er public programs, activities or eveuts, other than motor vehicie racing events.

waming Devices. sounds made by warning devices operating continuously fortluee (3) minutes or less, except in the event of an actual emergency, the timelirnitation shall not apply.

VARIANCES ANtr} NOISE COI{TTTOL BOARD.

t. vanatrces.

A. Aqthofity. The Noise Control Board shall have the authority to grantvariances consistent with the provisions of this Section, after publichearing, upon application of any person who owns, controls or operatesany sound source .which does not comply with the provisions or standardsof this Part.

B. AnpJication. Ttre application shall state the standard or provision fromwhich fhe variance is being sought, the period of time and reasons forrvhiclr the veuia$ce is soughl shall contain infbnnation which

J.

4.

5.

7.

variance shail not become effcctive until all conclitions are agreed by theapplioant. Noncompliancs with any condition of the variance shallterminate it and subject tlre person holding it to those provisions of thisPa* regulating the source of sound or activity for which the variance wasgranted, Yariances may be $anted for a period of up to one (t) year. Theperson obtaining the variancc may rcapply for additional variancc pcriodsuuder terms set forth by the applicant and the Noise Conkol Board.

G. Appealg. Appeal from au adverse decision of the Noise Conhol Boardshall be made to the Courf of Common Pleas of Luzerne County.

Special Y-Afiances. The Zoning Officer, or his designee, may, upon appiicationand guided by the standards for review set forth above, grant speciai variances forinfiequent noise events or activities which do not exceed twenty-four (24) hoursin duration. such special variances are not renewable except by action of theNoise Control Doard pursuant to subsection (1). The Noise Control Board shallhear ancl decide ali appeals from the denial of a speciai variance, the practice andprocedure thereon to be in accordance with subsection (i),

Ngi+e Conhol Boewl. The Noise Control Board for tlre purposes of this Part sliallbe the Zoning Hearing Board of the Forly Fort Borough, which Board shall havefull authorily to carry out the duties of tire Noise Control Board, as set forth, as setfortli in this Part. All applications to the Board shall be filed tluough the ZoningOfficer and .shall be accompanied by the application fee tc be established fromtime to tiuoe by resolution of the Foriy Fort. Borough, to be held to cover all feesincurred by the use of a court reporter, attorney, etc- Any funds remaining wili bereturned to the appellant. 'fhe hearing shall be held in a reasonable time as fixedby the Board following the filing of the applicafion and the decision thereonrendered within *br{r-fiy" (45) days of tfue last hearing in the case befure theBoard.

SESTION 3. EFilTORCEMnNT.

1. Authorify for Fpforgtmenl This Part shall be enforced by the Police Departmerrtof the Borough ofForty Fort.

2. Penalties. Any person, firm or corporation who shall violate any provision of thisPart shall, upon conviction, thereof, be sentenced to pay a fine of not more thanone thousand ($1,000.00) ptus costs and, in dsfault ofpayment of said fine andcosts, to a tenn of imprisomnent not to exceed thfu'ty (30) days. Each day tha[ uviolation of this Part continue.s shall constitrrte a separate offunse.

3. This Part arrd Lhe foregoing penalties Shall not be construed to iirnit or deny theriglrt of tlre City or any pcrson fo such equitable or other remedies as may

n_1.

olterwise be availabla with orwithoutploccss of law

SECTION 4. REEEALER.

All Ordinances or Resolutions or parts of Ordinanc€,s 0r Rssolutions which meinconsist€Nrt herewith are hcreby repaled..

0RDATNSD Ar{D ENACTED rrrrs ?<_ai|vor odfobya- -.2006.

PA,SSED FIA$T I{EADINGT

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