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F'ILE OF'COTJNCIL
No.; LooA - 1,f (2006)

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.(AFI ORDINANCE'

AN ORDINANCE OF TIIE BOR,OUGT{ OF FORTY F'ORT RItrCULATING EXCE.SSIVE

SOU}TD AND IT{E SOURCES OF EXCESSNTE SOUND WITHIN THF', BOROUGTI O}"
FORTY FORT, PROVIDING F'OR GREATER CONTROL AND MORE EFFECTIVE
RITGUL.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 this
Part:

A-WEIGHTED SOUND LEVEL -thesoundpressule level in

decibels as measured on a sound level rneter using the A-weighted netw<lrk. 'lhe
level so rcad is designated dB(A).
 AMBffNT NoIsD -the all encompassing noise associated with a given
environmenl being usually a composite of sounds from many sourscs nsar or tar.

CONSTRUCTION OPERATION -the erection, repair, renovation, demolition or

removgl of any building 0r sfrucfure; aud the exoavation, filling, gading and
regulation 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 sound
measured to the reference pressure, whioh is twonfy (20) micropascals (20
micronewtron$ per square meter.)

EFIERGENCY -auy occtrrence or set of circusrstanccs involving actual or imminent

physioal trauma or property damage.

EMtrRGENcy woRK -any work performed for the purpose of prcventing or

alleviating the physical trauma or property danage ttreatened or caused by an
emergency.

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

MUFFLER oR souND Drs$IpATTvE, DEvrcE- a device designed or used for

decreasing or abating the level of sound escaping from an engine or machinery
system.

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

NOISE DISTURBAI{CE -any sound which is in excess of the sound levels by

zoning disfricts established belorv.

PERSON -any individual, association, parhrership or corporation, ancl includes any

officer, employee, depzutrrentj agercy or instrumentality of a state or any political
subdivision of a sate. whenever used in any clause prescribing and imposing a
Feralry,'trerson" includes thc individual members, partlers, offi"rrs *i *unug"rq
or any of them, of partnerships and associations, and as to corporations, the officers
and managers thereof or any of them.

POWERED MODEL vEIrrcLE -any self-propelled air.borne, warerborne or

Iandborne 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, alley
or similar place which is owned or conh.olled by a governniental entity.

FUBLIC $PACE -any real property or sftuctures thereonwhich are owned 0r

controlled by a governmental entify, church or civic organization.

PURE TONP -airy sourd which can be heard as a single pitch or a set of single
pitches. 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 ipithmetic
average of the soutrd pressure levels of the two (2) contiguous octave bands by 5dB
for center frequencies of500ltz and above and by SdB for center lrequencies between
i 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 of
contaot of adjoirring lands, apartments, condominiums, towrrhou$es and duplexes
owned, rented or leased by different psrsons, a demarcation or a line of separation of
pt'oper[ies, and al.so, for any two (2i or more buildings sharing commoil gr.ounds, the
line drawn rnidway between any two
{2) said buildings. All areas devoted to public
right-of-way shall be deemed to be a*oss the properfy line, For the puqpose of thit
regulation, the properly line includes all points on a plane formed by projecting the
property line in a manner deemed appropriate by the enforcing police officer.

REAL I'R-oPrcRTY -all land whether publicly or privately owned, whether

r$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 other

physicai parameter in a rnedium with internal forces that causes cornpressiou and
rarefaction of that medium. I-he description of sound rnay include any characteristics
of suoh sound, includingduration, intensity, and frequency

SOUND LEVIII, -fte weighed sound pressure level obtained by the use of a sound
level meterand frequency.weighting nefwork, such as A, B or c, as specified iu
American National Standards Institute specifications for sourd levei meters (ANSI
SI'4-1974, or the latest revision tliereof). If the f,requency weighting employed is nol
indicated, 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 *"igtttitrg
network used to measu{e sound pressure levels which meets or exceeds the
requirement f'or Type lbr Type II sound levgl mefer as specified in ANSI
Specifications $1.4-1974- The manufaclure's publistred indication of compliance
with such specifications shall tre pri*ra fauic evidenue of such compliance.
 ZOF{ING DISTRICTS -means the land use dishicts established by the Zonng
ordinance of the Borough of Forty Fort, and all subsequent amendmcnts.

PROHIBI'TND ACTS

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

or coutinue4 uoise disturbance,
^ny

$D.pcifiq Prphibitiqns. In addition to noise disturbances prohibited under above, tire

fo"lloWing actsr aed the causing thereof are declared m be noire disturbances and
thcrefore 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 which
produces, reproduces or. amplifi es sound:

(l) At any time in such a manner as to cawe a noise disturbance across a

prnperly line ftoundary),so as to be plainly audible across a propertry
Iine 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 other

than the operator of the device, when operated by any passenger or a
corrmon carrier.

B. 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 a

property 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.

C. Construcf,ion' Operating or perrritting the operation of any tools or equiprnent

used in constructiolr operations, drilling or demoiition rvork:
 (r ) Betwecn the hours of 9;00 p.m. and 7:00 a-m. the fbllowing day oir
weekdays and Satwdays or at any time on Sundays or legal holidaS,s,
such that the sound therefrom creates a rroise disturbancc across a
residential real property line ftorurdary), except for emergency work.

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

(3) This Section shall not apply to the use of domestic power tools
described below.

D. Domestic Power Tqols..*Operating or pennitting the operation of any

mechanically 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 disturbance
auoss a residentiai propsrty line (boundary').

E. I'oadi$g and Unloedipe. Load.ing, unloafing, opening, closing or other

4 handling boxes, crates, containers, building materials, garbage cans or
similar objects between thc hours of 9:00 p.il.. and ?:00 a.m. the following
day 1o stlcha xftssrer as to caus6 a noise disturbanue across a residential
properfy line ftoundary).

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

F. Alimals and"Firds.

(I) Owning, possessing, harboring or controliing any animai or bird which

howls, barks, meows, squawks or makes other sounds continuously
and/or incessantly for a period of ten (10) minutes or makes such noise
interrniuenfly for one-half (%) hour or more to the disturbauce of any
pemon at any time of the day or night regardless of whether thc ariimai
or bird is situated iu or upon ltrivate property; provided, however, tirat
at the time the animal or bird is making srrch noi$e, no person is
trespassing or threatening to tre.spass u1:on private property in or upon
which the alrimal or bird is situated or firr any ot}er legitimate cause
which teased or provoked the animal or bird-

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

model vehicles so as t0 crgate a noise distubance across a residential properfy
line (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 other

ampiified or unamplified sound within any residential or commercial area (.see
below Table) of the Borough of Forty Fort except between the hours of 8:00
a.m. and 9:00 p.m. and at no time in such a manner as to violate other
provisions 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 for
purposgs of maintenance, repair or replacernent, of any muffler or
sound dissipative device or elemeut of design or noise label of any
product.

'The
Q use of a product which has had a muffler or sound dissipative
device or element of design or noise iabel lemoved or rendered
inoperative, wiflh knowledge that such action has occuned.

I. Vehicle. Motorboat or.AiLqaft &e€euros and Testing. Repairing, rebuilding or

testing 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.
A. Motor Yehicle and Motorqy. clpq_on.Fu.hlis"Rjsht-.gf-Way-. No person shali
operate or cause to be operated a public or private motor vehicle or
motorcycle, 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 motor
vehicle or motorcycle, or any equiprnent attached to such a vehicle, exceeds
the level set forth in Title 67, Chapter 450, of the Pelunyivauia Department of
Transportation Regulations @stablished S ound Levels).

B. StaUding Moto{ Vehicles. No person shall operate or perrnit the operation of

any 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 is
stationaty, fcr rea^qons othbr than tlaffic colrgcstion, anywlrere witfiin nne
hundred fifty (150) feet of any residence in such a fflarlner as to cause a noise
disturbance &sross u residcntiul property line (boundary).
 C, Unnecessar.v Horn Blorying. No person shall at any time souud the horn or
other warning device of a vehicle except when absolutely necessary as a
warning while actually driving such vehicle.

D. SpUqdJrupks. No person shall operate sound ampliffing equipment mounted

on or attached to any motor vehicle at any time in such a manner as to exceed
the maximum permissible motor vehicle noise emissions as set forth in this
Ordinanc.e.

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

SOUNIJ T,EVEL tsY ZONM{G DISTRICTS.

l. Maximum Fermissible -$ourrdleveig_by Zpnins Districts. No person shall

operate\ or cause to tre operated any source ofsound in such a rnanner as to create
a sound level which exceeds the limits sel forth in the znning designations
category in Table I rvhen measured at or across the properfy line (boundary) &'orn
the noise source . Any sound source that produces sounrl in excess of those leveis
shall 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 s',t 52

Commercial 60 55

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

A. The souud at afly oue (l) point in timc excccds any of tire established zonc
limits in Table I by a measured sound level of fifteen (15) dB(A).
 B. The sound exceeds any of the established zono limits in Table 1 by a
measured 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 a

measured 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) minute
period.

3. Ambient So.und. In the event the background ambient sound levels in an area of
suspected noise disfurbance exceed the levels set forth in Table 1, the sound level
of intrusive sound source shall be measured with the ambient backgrorrnd sound
level 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 or
beyond the properly line (boundary) of the property on which the noise source is
located.

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

6. Adjusgnent for Nonconfolmine uFg.s*" Any noise which occurs on property

which, according to the Forty Fort Borough Zoning ordinance, is being used in a
legally nonconforming mamrer, and which noise relates to said use, shall be
judged as if the properry bore a zoning designation under which the use would be
confonning.

7. M.e.?$ured Instruments. All sound rneasurements shall be made on a sound level

meter calibrated in the rnanner required by the manufacturer's specifications,

8. Exemptiqp$-fi'or4 so-undJ,evel-Limits_. The provisions of this section shall not

apply to:

A. Activities covered by the following sections: "construction"; "Dofilestic

Power Tool$," or ary emergency sigrraling device used because of an
emergenoy.

B. Motor Vehicles.

E}(EMPTIONS.

Thc following sounds are cxempted from the provisions of this part:
 I
t- Amplified Attrrounp.-e.tl1gllt. Elecbonically amplified arurouncements at athletic
events.

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

J. Concerts..F&. Band concerts, block parties, church carnivals, fbstivals or other

peifomtanoes or similar activities publiciy or privately sponsorcd and presented in
any pubiic space outdoors shalt be exemFt from the provisions of this Part
provided:

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

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

4. Fmerqency Work. Sounds caused hy the performance of emergency work, or hy

the ordinary and accepted use of ernergency apparafui.s and equipment.

5. Munic.ippl aud Utilitv Sggvices. Sounds resulting from the repair or replacement
of 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 by

organized school related programs, activities, athletic and e[tertainment events, or
o&er public programs, activities or eveuts, other than motor vehicie racing events.

7. waming Devices. sounds made by warning devices operating continuously for

tluee (3) minutes or less, except in the event of an actual emergency, the time
lirnitation shall not apply.

VARIANCES ANtr} NOISE COI{TTTOL BOARD.

t. vanatrces.

A. Aqthofity. The Noise Control Board shall have the authority to grant
variances consistent with the provisions of this Section, after public
hearing, upon application of any person who owns, controls or operates
any sound source .which does not comply with the provisions or standards
of this Part.

B. AnpJication. Ttre application shall state the standard or provision from

which fhe variance is being sought, the period of time and reasons for
rvhiclr the veuia$ce is soughl shall contain infbnnation which
 variance shail not become effcctive until all conclitions are agreed by the
applioant. Noncompliancs with any condition of the variance shall
terminate it and subject tlre person holding it to those provisions of this
Pa* regulating the source of sound or activity for which the variance was
granted, Yariances may be $anted for a period of up to one (t) year. The
person obtaining the variancc may rcapply for additional variancc pcriods
uuder terms set forth by the applicant and the Noise Conkol Board.

G. Appealg. Appeal from au adverse decision of the Noise Conhol Board

shall be made to the Courf of Common Pleas of Luzerne County.

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

n
_1. Ngi+e Conhol Boewl. The Noise Control Board for tlre purposes of this Part sliall
be the Zoning Hearing Board of the Forly Fort Borough, which Board shall have
full authorily to carry out the duties of tire Noise Control Board, as set forth, as set
fortli in this Part. All applications to the Board shall be filed tluough the Zoning
Officer and .shall be accompanied by the application fee tc be established from
time to tiuoe by resolution of the Foriy Fort. Borough, to be held to cover all fees
incurred by the use of a court reporter, attorney, etc- Any funds remaining wili be
returned to the appellant. 'fhe hearing shall be held in a reasonable time as fixed
by the Board following the filing of the applicafion and the decision thereon
rendered within *br{r-fiy" (45) days of tfue last hearing in the case befure the
Board.

SESTION 3. EFilTORCEMnNT.

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

2. Penalties. Any person, firm or corporation who shall violate any provision of this
Part shall, upon conviction, thereof, be sentenced to pay a fine of not more than
one thousand ($1,000.00) ptus costs and, in dsfault ofpayment of said fine and
costs, to a tenn of imprisomnent not to exceed thfu'ty (30) days. Each day tha[ u
violation 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 the
riglrt of tlre City or any pcrson fo such equitable or other remedies as may
 olterwise be availabla with orwithoutploccss of law

SECTION 4. REEEALER.

All Ordinances or Resolutions or parts of Ordinanc€,s 0r Rssolutions which me

inconsist€Nrt herewith are hcreby repaled..

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

PA,SSED FIA$T I{EADINGT

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