Scranton, PA Noise Ordinances: Aircraft Noise (2026)

The U.S. Supreme Court held in City of Burbank v. Lockheed Air Terminal, 411 U.S. 624 (1973), that the federal scheme of aircraft-noise regulation (the Federal Aviation Act of 1958 and the Noise Control Act of 1972) preempts the field, so a municipality cannot impose an aircraft-noise curfew or similar in-flight restriction. Congress codified federal exclusive sovereignty of airspace at 49 U.S.C. Section 40103 and preempted state and local laws 'related to a price, route, or service of an air carrier' at 49 U.S.C. Section 41713. The City of Scranton therefore cannot use Chapter 317 to cite a pilot for takeoff, approach or overflight noise at KAVP. The proper framework is FAA's Part 150 - 14 CFR Part 150 (Airport Noise Compatibility Planning) - which the Bi-County Airport Authority may use to commission Noise Exposure Maps and a Noise Compatibility Program (Section 317-7(A)(5) of Chapter 317 separately reaches ground-based 'vehicle, motorboat or aircraft repairs and testing' - meaning maintenance run-ups - 'in such a manner as to cause a noise disturbance across a residential real property boundary,' which falls within the airport-proprietor exception that survives preemption under Burbank dictum and progeny). KAVP's primary runway is 4-22 (7,502 ft x 150 ft grooved asphalt, precision instrument) with a secondary visual runway 10-28 (4,300 ft x 150 ft). Departure procedures and noise-abatement recommendations are published in the FAA Chart Supplement and on the airport's pilot-information page; AOPA voluntary noise-abatement guidance applies. Low-flying complaints alleging violation of 14 CFR Section 91.119 (minimum safe altitudes) go to the FAA Eastern Region Flight Standards District Office, not to Scranton Police. Land within the Federal Aviation Regulations Part 77 imaginary surfaces around KAVP can affect Pittston/Avoca zoning and FAA Form 7460-1 obstruction evaluation, but Scranton is outside those direct surfaces.