[HISTORY: Adopted by the Borough Council
of the Borough of Clarion 9-1-1981 as Ch. 20, Part 7, of the
1981 Code. Amendments noted where applicable.]
It shall be unlawful for any person, persons,
firms or corporations to make, continue or cause to be made or continued
any loud, unnecessary or unusual noise or any noise which either annoys,
disturbs, injures or endangers the comfort, repose, health, peace
or safety of others, within the limits of the Borough.
The following acts, among others, are declared
to be loud, disturbing and unnecessary noises in violation of this
chapter, but said enumeration shall not be deemed to be exclusive,
namely:
A.
Horns, signaling devices, etc. The sounding of any
horn or signaling device on any motor vehicle, motorcycle, locomotive
or other means of conveyance within the limits of the Borough except
as a danger warning; the creation by means of such signaling device
of any unreasonably loud or harsh sound; and the sounding of any such
device for an unnecessary and unreasonable period of time.
B.
Racing motors. The unnecessary or unreasonable acceleration,
deceleration or racing of motors in motor vehicles, whether in motion
or at rest, within the limits of said Borough.
C.
Exhausts. The discharge into the air of the exhaust
of any steam or diesel locomotive, stationary internal combustion
engine, motorboat or motor vehicle except through a muffler or other
device which will effectively prevent loud or explosive noises therefrom.
D.
Defect in vehicle or load. The use of any motor vehicle,
motorcycle or other piece of machinery or equipment so out of repair
or so loaded or in such a manner as to create loud and unnecessary
grating, grinding, rattling or other noise.
E.
Radios, phonographs, stereos, etc. The using, operating
or permitting to be played, used or operated of any radio receiving
sets, musical instruments, sound amplifiers, phonographs, stereos
or other machines or devices for the producing or reproducing of sound
in such a manner as to disturb the peace, quiet, comfort or repose
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 or chamber in which such machine or device
is operated and who are voluntary listeners thereto. The operation
of any such set, instrument, phonograph, machine or device in such
a manner as to be plainly audible at a distance of 50 feet from the
building, structure or vehicle in which it is located shall be prima
facie evidence of a violation of this subsection.
F.
Yelling, shouting, etc. Yelling, shouting, hooting,
whistling or singing on the public streets at any time or place so
as to annoy or disturb the quiet, comfort or repose of persons in
any school, church or office, or in any dwelling, hotel or other type
of residence, or of any persons in the vicinity.
G.
Animals, birds, etc. The keeping of any animal or
bird which by causing frequent or long-continued noise or barking
shall disturb the comfort or repose of any persons in the vicinity.
H.
Loading, unloading, opening boxes. The creating of
a loud and excessive noise in connection with loading or unloading
any vehicle or the opening and destruction of bales, boxes, crates
and containers.
I.
Hawkers, peddlers. The shouting or crying of peddlers,
hawkers or vendors which disturb the peace and quiet of the neighborhood.
J.
Railway, operation thereof. The causing, permitting
or continuing of any excessive, unnecessary and avoidable noise in
the operation of any railway car or train of cars.
A.
Any person, persons, firm or corporation who shall
violate any of the provisions of this chapter shall be guilty of a
summary violation and shall, upon conviction thereof by a Magisterial
District Judge, be sentenced as follows:
[Amended 12-20-2013 by Ord. No. 2013-798]
(1)
The first conviction shall be punishable by a fine
of not less than $100 nor more than $200 and the costs of prosecution
and, in default of payment of such fine and costs, imprisonment for
not less than two nor more than four days.
(2)
The second conviction shall be punishable by a fine
of not less than $200 nor more than $400 and the costs of prosecution
and, in default of payment of such fine and costs, imprisonment for
not less than four nor more than eight days.
(3)
Third and subsequent convictions shall be punishable
by a fine of $600 and the costs of prosecution and, in default of
payment of such fine and costs, imprisonment for not less than eight
nor more than 30 days.
B.
If any person, persons, firm or corporation shall
permit a violation of this chapter to continue after notice to desist,
each additional violation shall be considered a separate offense.
C.
In any proceeding for a violation of this chapter,
the tenants, owners and/or occupants shall be considered equally responsible
for committing or allowing to commit a violation or continuing a violation
from a location or object under their control.
