[Ord. 2011-2, 7/5/2011[1]]
1.
The purpose and scope of this Part is to prohibit noise and/or sound
which disrupts the peace and harmony of the Borough of Forty Fort
and to protect the physical, mental and social well-being of the residents
of the Borough of Forty Fort by prohibiting such noise and/or sound.
2.
This Part aims to ensure that public health, safety and welfare shall
not be abridged by public nuisances from disturbing, excessive or
offensive noises in the Borough of Forty Fort. This Part attempts
to foster mutual respect among residents and to establish a community
position against noise pollution. The community believes that it should
rely on the good sense of all residents to respect one another's living
and working environments and one another's rights to an environment
that is free from noise disturbances.
3.
This Part applies to all persons, property, animals, equipment, appliances,
instruments and other sound-emitting devices, as regulated herein.
4.
The provisions of this Part are not intended to interfere with, abrogate
or annul other rules, regulations or ordinances, including the Crimes
Code or Vehicle Code.
[1]
Editor's Note: This ordinance superseded former Part 2, Noise,
adopted 10/2/2006 by Ord. 2006-11, as amended.
[Ord. 2011-2, 7/5/2011]
1.
NOISE
NOISE DISTURBANCE
PERSON
For the purpose of this Part, the following words, terms and phrases
shall have the meanings indicated herein:
Any sound emitted by a person, an appliance, equipment, an
instrument, other device or animal.
Any noise which: endangers, would endanger or is likely to
endanger, or injures, would injure or is likely to injure, the safety
or health of humans or animals; annoys, would annoy or is likely to
annoy, or disturb, a reasonable person of ordinary sensibilities;
endangers, would endanger or is likely to endanger, or injure, would
injure or is likely to injure, personal or real property; disturbs,
would disturb or is likely to disturb the peace; or creates, would
create or is likely to create a nuisance.
Any individual, association, trust, partnership or corporation,
including any members, directors, officers, employees, partners or
principals thereof. Whenever used in any clause prescribing and imposing
a penalty, "person" includes the members, trustees, partners, directors,
officers, managers, supervisors, or any of them, of partnerships,
associations, corporations or other forms of entity.
[Ord. 2011-2, 7/5/2011]
1.
General Prohibition. It shall be unlawful for any person to make
or cause to be made a noise disturbance within the limits of the Borough
of Forty Fort, except as otherwise permitted in this Part.
2.
Specific Prohibitions. The following are specifically prohibited,
except as otherwise permitted in or exempted from this Part:
A.
No person shall operate, play or permit the operation or playing
of any radio, television, phonograph, drum, musical instrument, cassette
player, sound amplifier or similar device which produces, reproduces
or amplifies sound:
B.
No person shall operate or permit the operation of any tools or equipment
used on construction operations, drilling, or demolition or other
work or in the sweeping of parking lots in areas adjacent to or within
residential districts between the hours of 9:00 p.m. of one day and
7:00 a.m. of the following day such that the sound therefrom causes
a noise disturbance.
[Amended by Ord. 2013-1, 7/1/2013]
C.
No person shall operate or permit the operation of any electrically
powered saw, drill, sander, grinder, lawn or garden tool, snow blower
or similar device used outdoors between the hours of 9:00 p.m. of
one day and 7:00 a.m. of the following day so as to cause a noise
disturbance.
D.
Yelling and Shouting, etc. No person shall engage in loud yelling,
shouting, hooting, whistling or singing:
E.
No person shall remove or render inoperative, other than for purposes
of maintenance, repair, replacement, or other work, any muffler or
sound-dissipative device or element of design or noise label of any
product; intentionally move or render inaccurate or inoperative any
sound-monitoring instrument or other device positioned by or for the
Borough, provided that such device or the immediate area is clearly
labeled or posted to warn of the potential illegality; or use a product
which has had a muffler or sound-dissipative device or element of
design or noise label removed or rendered inoperative with knowledge
or reason to know that such action has occurred.
F.
No person shall repair, rebuild, or test or otherwise work on any
motorcycle or other motor vehicle, motorboat or aircraft in such a
manner as to cause a noise disturbance across a lot line of the receiving
land use.
G.
No person shall create such other noise as might pose a danger to
the public health, safety or welfare of the Borough or otherwise constitute
a nuisance in fact.
H.
No person, including, without limitation, a pedestrian, shall make,
continue or cause to be made or continued any noise which creates
or causes a noise disturbance.
I.
No person shall operate a motorcycle, truck, automobile or other
motor vehicle in such a manner as to cause to create a noise disturbance.
J.
No person shall cause or allow dogs or other animals to cause a noise
disturbance for a continuous period not to exceed 15 minutes or a
combined fifteen-minute period within two hours.
[Ord. 2011-2, 7/5/2011]
1.
The following noises are exempted from the provisions above:
A.
Blasting. Blasting, under and with an appropriate permit. Such blasting
may occur only between the hours of 8:00 a.m. and 4:00 p.m., Monday
through Friday, unless specifically authorized by permit.
B.
Concerts, etc. Band concerts, block parties, church carnivals, festivals
or other performances or similar activities publicly or privately
sponsored and presented in any public space outdoors shall be exempt
from the provisions of this Part, provided such activities do not
occur between the hours of 10:00 p.m. and 8:00 a.m. on Sunday through
Thursday and between the hours of 11:00 p.m. and 8:00 a.m. on Friday
and Saturday.
C.
Emergency Work. Sounds caused by the performance of emergency work
or by the ordinary and accepted use of emergency apparatus and equipment.
D.
Municipal and Utility Services. Sounds resulting from the repair
or replacement of any municipal or utility installation in or about
the public right-of-way.
E.
Amplified Announcements. Electronically amplified announcements at
athletic events.
F.
School and Public Activities. Sounds not electronically amplified,
created by organized school-related programs, activities, athletic
and entertainment events, or other public programs, activities or
events, other than motor vehicle racing events.
G.
Warning Devices. Sounds made by warning devices operating continuously
for three minutes or less, except in the event of an actual emergency,
the time limitation shall not apply.
H.
Noises made by bells, chimes, carillons used for religious purposes
or in conjunction with national, state or local celebrations or public
holidays; existing bells, chimes and carillons and clock-strike mechanisms
that are currently in use for any purpose.
[Ord. 2011-2, 7/5/2011]
1.
Authority for Enforcement. This Part shall be enforced by the Police
Department of the Borough of Forty Fort.
2.
Penalties. Any person, firm or corporation who shall violate any
provision of this Part shall, upon conviction thereof, be sentenced
to pay a fine of not more than $1,000, plus costs, and, in default
of payment of said fine and costs, to a term of imprisonment not to
exceed 30 days. Each day that a violation of this Part continues shall
constitute a separate offense.
3.
This Part and the foregoing penalties shall not be construed to limit
or deny the right of the Borough or any person to such equitable or
other remedies as may otherwise be available with or without process
of law.
