[Adopted 7-12-2004 by Ord. No. 1180, approved 7-12-2004]
A. 
The following acts and the causing thereof are in violation of this article:
(1) 
The operation or permitting operation of any tools or equipment used in the erection (including excavating), demolition, alteration or repair of any building in any residential district or section and the excavation of streets or highways in any residential district or section:
(a) 
Between the hours of 6:00 p.m. and 7:00 a.m. on the following day on Monday through Saturday and before 10:00 a.m. and after 6:00 p.m. on Sunday during the period that Eastern standard time is in effect. When Eastern daylight time is in effect, the prohibited hours shall be between 8:00 p.m. and 6:00 a.m. on the following day on Monday through Saturday and before 10:00 a.m. and after 8:00 p.m. on Sunday.
(b) 
At any time other than the times set forth in Subsection A(1)(a) herein, such that the sound level at or across a real property line (boundary) exceeds 85 dB(A) for a period of one hour or longer.
B. 
The following terms are defined for purposes of this subsection:
A-WEIGHTED SOUND LEVEL
The sound pressure level, in decibels, as measured on a sound level meter using the A-weighting network. The level so read is designated "dB(A)."
DECIBEL (dB)
A unit for measuring the sound pressure level, equal to 20 times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micropascals (20 micronewtons per square meter).
A. 
In cases of urgent necessity, where public health and safety will not be impaired and upon evaluation of the loss or inconvenience to any party in interest, the Borough Manager may grant exceptions to the provisions of § 185-4. Such exceptions may be granted by permit issued by the Borough Manager upon written application and shall be valid for a period not exceeding 30 days.
B. 
This article shall not apply to or be enforced against the following:
(1) 
Any vehicle or personnel of the Borough while engaged upon necessary public business.
(2) 
Personnel or organizations while engaged in excavations or repairs of bridges, streets, highways or utilities by or on behalf of the Borough when the public welfare and convenience renders it impossible to perform such work during permitted hours.
(3) 
Any vehicle or personnel of the Borough or any public or private utility company while engaged upon necessary repairs or reconnections of such utilities during outages or other emergencies or when public welfare and convenience renders it impossible to perform such work during permitted hours.
(4) 
Emergency work. Any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency.
Any person who shall violate any provision of this article shall, upon conviction thereof, be punishable by a fine of not more than $300 and costs of such proceedings or, upon default of payment of such fines and costs, by imprisonment for a term of not more than 30 days. Each instance during which any person violates any provision of this article shall constitute a separate offense.