[HISTORY: Adopted by the Borough Council of the Borough of
Port Vue 11-25-1991 by Ord. No. 427 (Ch. 10, Part 7, of the 1989 Code
of Ordinances). Amendments noted where applicable.]
The causing of any unnecessary or excessive noise or of any
noise of such character, intensity or duration as to be detrimental
to the health and safety of any individual or in the disturbance of
the public peace and welfare or the aiding and abetting in the causing
of any such noise or suffering or permitting any such noise to continue
is hereby prohibited, declared to be a public nuisance in the Borough
of Port Vue and may be abated forthwith. The regulations and prohibitions
are intended to protect the physical, mental and social well-being
of the residents of the Borough of Port Vue and the public interest
in general.
A.
General. No person shall make, permit or cause to be made any excessive
or unnecessary noise of any kind by crying, calling or shouting or
by means of any whistle, rattle, bell, gong, clapper, hammer, drum,
horn, hand organ, mechanically operated piano or other musical instrument,
wind instrument, mechanical device, radio, phonograph and sound-amplifying
or other similar electronic device.
B.
Use of horns and other devices on vehicles. No person, at any time,
shall use a horn or other warning device otherwise than as a reasonable
warning or make any unnecessary or unreasonable, loud or harsh sound
by means of a horn or other warning device. No person operating any
vehicle other than police, fire, public service or ambulance operators
shall sound any horn, bell, gong, siren or whistle except for the
ordinary horn installed on such vehicle by the manufacturer or sound
any type of horn, except when reasonably necessary to prevent accidents
or to otherwise comply with the law of motor vehicles.
C.
Use of radios, phonographs and stereo systems. No person, at any
time, shall play any radio, phonograph or stereo system in such a
manner or with such volume as to annoy or disturb the quiet, comfort
or repose of any person in any office, business, dwelling or other
type of residence so as to constitute annoyance to a person of ordinary
sensibilities.
D.
Use of sound-amplifying devices.
(1)
No person intending to cast sound on the streets, sidewalks or other
public property shall use, operate or maintain any loudspeaker, megaphone
or other sound-amplification equipment, apparatus or device which
mechanically or electronically emits such sound, whether such is hand-carried,
mobile as used in a mobile vehicle, helicopter or airplane, affixed
to a building, pole or other fixture or located on the ground, when
used for any purpose whatsoever, including, but not limited to, the
solicitation of business or sales, the furtherance of any religion,
political candidates or issues or any other commercial or private
purposes.
(2)
No person shall operate or cause to be operated any audio-amplification
or reproduction device on a Borough street or sidewalk, in a Borough
park, on a public conveyance or on any other public property within
100 feet of any business or residence in such a blaring, raucous or
disruptive manner so as to be plainly and clearly heard from a distance
of 75 feet or more from the source of the sound.
E.
Musical instruments. No person shall use or perform on any hand organ
or other musical instrument or device, for pay or in expectation of
payment, in any public way or public open space of the Borough before
6:00 a.m. or after 6:00 p.m. of any day, unless said person has obtained
permission from the Borough Council.
F.
Noise from premises. No person owning or in possession or control
of any building or premises shall use the same, permit the use of
the same or rent the same to be used for any business or employment
or residential house or for any purpose or pleasure or recreation
if such use shall, by its boisterous nature, disturb or destroy the
peace of the neighborhood as measured at the property line in which
such building or premises is situated or be dangerous or detrimental
to health.
G.
Noise in handling refuse cans. No person shall make any unnecessary
noise in the handling of ash, trash and garbage cans, either in loading
or unloading, whether full or empty.
H.
Noise in vicinity of hospitals, schools and churches. No person shall
make any unnecessary noise in the vicinity of any hospital or church
during hours of public worship or school during school hours.
I.
Unlawful to keep noisy animals and birds. No person shall keep, or
permit to be kept, harbor or otherwise maintain any animal or bird
which shall disturb the quiet of any public street or other public
place or of any neighborhood; provided, however, that a "noisy animal"
shall be defined as one or more animals which makes noises habitually
so as to constitute annoyance to a person of ordinary sensibilities.
J.
Noise by peddlers. No peddler or other person who plies a trade or
calling of any nature on the streets of the Borough shall use any
horn, bell or other sound instrument to make noise tending to disturb
the peace and quiet of the neighborhood for the purpose of directing
attention to his wares, trade or calling.
K.
Exhaust mufflers. No person shall modify or change the exhaust muffler,
intake muffler or any other noise abatement device of a motor vehicle
so that the noise level is increased above that emitted by the vehicle
as originally manufactured.
L.
Building and street repair. No person shall erect, excavate, demolish,
alter or repair any building or structure in any residential district
or section or excavate any street or highway in any residential district
or section other than between the hours of 7:00 a.m. and 10:00 p.m.,
except in the case of emergency or urgent necessity.
M.
Refuse compacting vehicles. No person shall operate or permit to
be operated the compacting cycle of a motor vehicle which can compact
refuse between the hours of 6:00 p.m. and 6:00 a.m. the following
day in residential areas.
A.
A person operating a sound-amplification or reproduction device shall
be exempt from this chapter, provided that:
(1)
The device is being operated to request assistance or warn of a hazardous
situation.
(2)
The device is an authorized emergency vehicle or a vehicle operated
by gas, electric, communications or water utility.
(3)
The device is being used in connection with a parade, political activity
or community event that is being conducted with the permission of
the Borough of Port Vue.
B.
None of the terms or prohibitions hereof shall apply to or be enforced
against:
(1)
Any vehicle or personnel of the Borough while engaged upon necessary
public business.
(2)
Excavations or repairs of bridges, streets or highways by or on behalf
of the Borough during the nighttime when the public welfare and convenience
renders it impossible to perform such work during the daytime.
(3)
Parades with band music on holidays or by civic organizations or
by the public schools or divisions of the public schools.
(4)
School sports events which may or may not be accompanied by cheering
and/or music.
(5)
The reasonable use of amplifiers or loudspeakers in the course of
public addresses which are noncommercial in character.
Any person, firm or corporation who shall violate any provision
of this chapter shall, upon conviction thereof, be sentenced to pay
a fine of not more than $600 and/or to imprisonment for a term not
to exceed 90 days. Each day that a violation of this chapter continues
shall constitute a separate offense.
