[HISTORY: Adopted by the Borough Council of the Borough of Honesdale 12-15-1954
by Ord. No. 269. Amendments noted where applicable.]
A.
PERSON
SOUND-AMPLIFYING EQUIPMENT
SOUND TRUCK
As used in this chapter, the following terms shall have
the meanings indicated:
Any natural person, firm, corporation, association, club, partnership,
society or any other form of association or organization.
Any machine or device for the amplification of the human voice, music
or any other sound; the term "sound-amplifying equipment" as used herein shall
not be construed as including any standard automobile radio when used and
heard only by occupants of the vehicle in which it is installed or warning
devices on authorized emergency vehicles or horns or other warning devices
on other vehicles used only for traffic safety purposes.
Any motor vehicle, airborne vehicle or vehicle drawn by animal or
human being having mounted thereon or attached thereto any sound-amplifying
equipment.
B.
In this chapter, the singular shall include the plural
and the masculine shall include the feminine and the neuter.
No person shall operate or cause to be operated any sound truck for
any purpose whatsoever in the Borough of Honesdale with sound-amplifying equipment
in operation.
No person within the borough shall willfully make or cause to be made
any loud, boisterous or unseemly noise or disturbance to the annoyance of
any other person, provided that nothing contained in this section shall restrict
or limit the normal use to be made of parks, recreation places, playing fields
and playgrounds in the borough.[1]
A.
No person within the borough shall make or cause to be
made or permit to be made any noise of any kind by crying, calling or shouting
or by means of any whistle, rattle, gong, horn, drum or similar mechanical
device or by means of any sound-amplifying device for the purpose of advertising
any goods, wares or merchandise or of attracting the attention or inviting
the patronage of any person to any business whatever or of attracting the
attention of people to any political cause or idea or of inviting people to
vote for any political cause or candidate for office, provided that nothing
contained in this subsection shall restrict the playing of church bells, chimes
or religious music nor the playing of holiday music.
B.
No person in the borough shall, for commercial purposes
or in connection with any commercial enterprise, erect or locate any device
or apparatus in front of or on the exterior of premises owned or occupied
by such person which, by mechanical or electrical means, emits any loud sounds
or noises so as to annoy or disturb passersby on the street or the general
public, provided that the provisions of this subsection shall not apply, in
time of emergency, to any announcement or broadcast of any current event of
public interest nor to mechanical warning devices used by the borough; provided,
further, that the provisions of this section shall not invalidate conduct
which falls within the exceptions in foregoing sections of this chapter.
Any person who shall violate any of the provisions of this chapter shall,
upon conviction thereof for each and every violation before any District Justice,
be sentenced to pay a fine not in excess of $600, plus costs of prosecution,
and in default of payment of any such fine and costs to imprisonment for not
more than 30 days, provided that each day's violation of any of the provisions
of this chapter shall constitute a separate offense.
