[HISTORY: Adopted by the Borough Council of the Borough of Wrightstown
by Ord. No. 1976-6 (Sec. 3-9 of the Revised General Ordinances). Amendments
noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 137.
It shall be unlawful for any person to make, continue or cause to be
made or continued any loud, unnecessary or unusual noise or any noise which
endangers the health, safety or welfare of the community, or which annoys,
disturbs, injures or endangers the comfort, repose, health, peace or safety
of others within the borough.
The following acts, among others, are declared to be loud, unnecessary, disturbing, and a danger to the health, safety and welfare of the community and its people, in violation of § 122-1, but the enumeration shall not be deemed to be exclusive, namely:
A.
Horns, signaling devices, etc. The sounding of any horn
or signaling device on any automobile, motorcycle, street car, bus or other
vehicle in the borough except as a danger warning; the creation by means of
any such signaling device of any unreasonably loud or harsh sound; the sounding
of any such device for an unnecessary and unreasonable period of time; the
use of any horn, whistle or other device operated by engine, exhaust or by
compressed air or gas or by vacuum; and the use of any such signaling device
when traffic is for any reason held up.
B.
Radios, televisions, phonographs, tape recorders, etc.
The using, operating or permitting to be played, used or operated either indoors
or outdoors of any radio receiving set, television receiver, musical instrument,
phonograph, tape recorder or other machine or device for the producing or
reproducing of sound in such a manner as to disturb the peace, quiet and comfort
of the neighboring inhabitants or at any time with louder volume than is necessary
for convenient hearing for the person or persons who are in the room, vehicle,
chamber or premises in which such machine or device is operated and who are
voluntary listeners thereto.
C.
Loud speakers, amplifiers. The using, operating or permitting to be played, used or operated of any receiving set, musical instrument, phonograph, loudspeaker, sound amplifier, tape recorder or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or for any other purpose, except as authorized by governmental authorities in connection with law enforcement or public emergencies; provided that such devices may be employed in connection with nonprofit charitable, educational, civic, religious or recreation activities in accordance with permits first obtained therefor from the Borough Clerk pursuant to § 122-4.
D.
People noise. Yelling, shouting, whistling, singing or
conducting unnecessarily loud or annoying vocal utterances at any time or
place so as unreasonably to annoy or disturb the quiet, comfort or repose
of any person in any residence, school, place of business, street or public
place.
E.
Animals, birds, etc. The keeping of any animal or bird
which by causing frequent or long-continued noise shall disturb the comfort
or repose of any persons in the vicinity.
F.
Nonvehicular whistles, horns and other signaling device
except to give notice of the time to begin or stop work or as a warning of
fire or danger, or upon request of proper borough authorities, or as may be
required by general law or ordinance.
G.
Exhausts. The discharge into the open air of the exhaust
of any steam engine, stationary jet or internal combustion engine or motor
vehicle except through a muffler or other device which will effectively prevent
loud or explosive noises therefrom.
H.
Vehicles and their loads. The use of any automobile,
motorcycle, truck or vehicle so out of repair, so loaded, or operated in such
a manner as to create loud and unnecessary grating, grinding, rattling or
other noise.
I.
Construction work. The excavation, grading, paving, erection, demolition, alteration or repair of any premises, street, building or structure at any time on Sundays, or other than between the hours of 8:00 a.m. and 6:00 p.m. on Saturdays or between the hours of 7:00 a.m. and 6:00 p.m. on all other days, except in case of urgent necessity in the interest of public health and safety, and, if the nature of the emergency will admit of the prior procurement of a permit, then only in accordance with a permit first obtained from the Borough Engineer as to public street work, or from the borough building subcode official as to other work, pursuant to § 122-4. Such permit may be granted for a period not to exceed three days or less while the emergency continues. Notwithstanding the foregoing, if the engineer or building subcode official, as the case may be, shall determine that the public health and safety will not be impaired by such work within the prohibited hours, and if he shall further determine that loss or inconvenience would result to any party in interest, he may grant permission for such work to be done within the prohibited hours upon application being made at the time the permit for the work is issued or during the progress of the work. The provisions of this subsection shall not apply to interior or exterior repairs or to interior alterations, the work for which is actually performed by a homeowner or occupant, personally, between the hours of 8:00 a.m. and 10:00 p.m., upon residential premises that are owned by such homeowner or that are occupied by such occupant, provided the work shall be done without undue noise or disturbance of the peace and quiet of the neighborhood.
J.
Loading, unloading, opening boxes. The creation of loud
and excessive noise in connection with the loading or unloading of any vehicle
or the opening or destruction of bales, boxes, crates and containers.
K.
Refuse collection. The collection, transportation or disposal of garbage, trash, cans, bottles and other refuse by persons engaged in the business of scavenging or garbage collection at any time on Sundays, or other than between the hours of 7:00 a.m. and 7:00 p.m. on all other days, except in case of urgent necessity in the interest of public health and safety, and, if the nature of the emergency will admit of the prior procurement of a permit, then only in accordance with a permit first obtained from the Borough Clerk pursuant to § 122-4. Such permit may be granted for a period not to exceed three days or less while the emergency continues, and it may be renewed for periods of three days or less while the emergency continues.
L.
School courts, churches and hospitals. The creation of
any excessive noise on any street or property adjacent to any school, institution
of learning, church or court while the same are in use, or adjacent to any
hospital, which unreasonably interferes with the workings of such institution,
or which disturbs or unduly annoys patients in the hospital.
M.
Drums. The use of any drum or other instrument or device
for the purpose of attracting attention to any performance, show or sale,
except in connection with any school or civic activity, or where a parade
permit has been issued.
N.
Hawkers, peddlers. The shouting and crying of peddlers,
hawkers and vendors which disturbs the peace and quiet of the neighborhood.
O.
Commercial transport. The causing, permitting or continuing
of any excessive, unnecessary and avoidable noise in the operation of railroad
cars, locomotives, buses and trucks.
P.
Blowers. The operation of any noise-creating blower or
power fan or any internal combustion engine, the operation of which causes
noise due to the explosion of operating gases or fluids, unless the noise
from such blower or fan is adequately muffled and such engine is equipped
with a muffler device sufficient to deaden such noises.
Q.
Lawn mowers, chain-saws, etc. The operation or use of
any power lawn mower, chain-saw, fence post driller, or the like, between
the hours of 10:00 p.m. and 8:00 a.m.
R.
Miscellaneous night noises. Any of the following activities,
when occurring in close proximity to residences between 11:00 p.m. and 7:00
a.m.: the warming up or idling of buses, trucks or tractors, and the unnecessary
and repeated idling, acceleration and deceleration, or starting and stopping
of automobiles and motorcycles.
No person shall use or operate any facility, machine or instrumentality
or produce or cause to be produced any sound in the borough when the same
shall produce noise, the sound pressure level of which measured at the point
of annoyance complained of shall exceed 65 decibels between the hours of 8:00
a.m. and 8:00 p.m. or 50 decibels between the hours of 8:00 p.m. and 8:00
a.m. or which shall be more than 10 decibels above the existing background
sound level, as measured on the "A" weighting of a sound level meter which
conforms to the specifications of the United States of America Standards Institute.
The background sound level is defined as the sound level present when the
offending noise source is silenced. In no instance, however, shall it be necessary
to reduce the noise level below 40 decibels between the hours of 8:00 a.m.
and 8:00 p.m. or 30 decibels between the hours of 8:00 p.m. and 8:00 a.m.
This section is applicable when and where the character and nature of any
sound or noise lends itself to measurement, but nothing in this chapter shall
be construed in any way to limit any other portion or part of this chapter.
A.
The officer charged with the responsibility of issuing permits for the activities requiring permits in accordance with § 122-2 shall issue permits for such activities if such officer shall find that the activities will not unduly or unnecessarily annoy, disturb, injure or endanger the comfort, repose, health, peace or safety of others, that the activities will not violate any other ordinance or law or create a public nuisance, and that the public health and safety will not be endangered thereby.
B.
Permits shall specify the dates and hours of the permitted
activities, which shall not be allowed between the hours of 10:00 p.m. and
7:00 a.m. unless the issuing officer shall determine that it is in the best
interest of the community that the activities take place wholly or partially
during such hours.
C.
The issuing officers are authorized to adopt and use
such forms of applications and permits as may be reasonably required in the
performance of their duties. Each application for a permit shall be accompanied
by a fee of $2 dollars which shall be payable to the borough.
An applicant for a permit hereunder shall have the right to appeal to
the Borough Council from the denial of the permit by the issuing officer.
Such appeal shall be taken by filing a written notice of appeal addressed
to the Borough Council. Such notice shall be filed within three days after
the issuing officer shall have notified the applicant of the denial of the
permit. The Borough Council shall act upon the appeal as soon as practicable
after receiving the notice thereof and shall give the applicant an opportunity
to be heard before taking action. The Borough Council may affirm or reverse
the issuing officer's denial of the permit or may grant the permit with modifications
or conditions.
Nothing in this chapter shall be construed to apply to church bells
or chimes, or to the playing of bands or orchestras in a hall or building
in a manner which will not annoy the peace, comfort and quiet of the neighboring
inhabitants, or to municipal, county, state or federal government agencies
in connection with any emergency, or to normal working activities of or activities
sponsored by the Borough Council, or to warning devices on other vehicles
used only for traffic safety purposes.
In addition to public law enforcement officers and others who by law
are entitled to enforce or bring complaints under this chapter, the officers
who are designated hereunder for the issuance of permits shall have the power
to enforce and bring complaints under this chapter.
The provisions of this chapter are not intended to be exclusive or to
supersede any other remedies provided by law or ordinance.
