No Allentown ordinance directly regulates in-flight aircraft noise; federal law (49 U.S.C. section 40103 and City of Burbank v. Lockheed) preempts local control of aircraft operations. Article 710.03(C)(8) only reaches ground-based aircraft repairs and testing that cross a residential property line.
Aircraft noise in flight is governed by federal law, not Allentown's code. 49 U.S.C. section 40103(a)(1) gives the United States 'exclusive sovereignty' over U.S. airspace, and the Supreme Court in City of Burbank v. Lockheed Air Terminal, Inc., 411 U.S. 624 (1973), held that the comprehensive federal scheme preempts municipal aircraft-curfew ordinances. The Airport Noise and Capacity Act (ANCA, 49 U.S.C. sections 47521-47534) further centralizes airport noise/access restrictions under FAA approval. Allentown's Noise Control ordinance therefore does not set in-flight aircraft noise limits; the only aircraft-related provision is Article 710.03(C)(8) ('Vehicle, Motorboat, or Aircraft Repairs and Testing'), which bars 'repairing, rebuilding, or testing any motor vehicle, motorcycle, motorboat, or aircraft in such a manner as to cause a noise disturbance across a residential real property line.' Pennsylvania likewise has no general state statute setting community aircraft-noise limits, leaving overflight noise to the FAA and to the proprietor of Lehigh Valley International Airport (operated by the Lehigh-Northampton Airport Authority). Residents disturbed by overflights should file complaints through the airport's noise program rather than under the city ordinance.
For ground repair/testing under 710.03(C)(8): $100 violation ticket and, on summary conviction, $100 to $1,000 and/or up to 90 days. In-flight aircraft noise is not enforceable under city or state law and must be addressed through FAA channels.
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