[HISTORY: Adopted by the Borough Council
of the Borough of Hampton 12-9-1991 as Ord. No. 17-91. Amendments noted where
applicable.]
The Borough Council hereby finds and declares
that:
A.
The making and creating of loud, unnecessary or unusual
noises within the limits of the Borough is a condition which has existed
for some time, and the extent and volume of such noise is increasing.
B.
The making, creating or maintenance or such loud,
unnecessary and unnatural or unusual noises which are prolonged, unusual
or unnatural in their time, place and use affect and are detrimental
to public health.
C.
The necessity in the public interest for the provisions
and prohibitions hereinafter contained and enacted is declared as
a matter of legislative determination and public policy and it is
further declared that the provisions and prohibitions hereinafter
contained and enacted are in pursuance of and for the purpose of securing
and promoting the public health, comfort, convenience, safety, welfare
and prosperity and the peace and quiet of the Borough and its inhabitants.
It shall be unlawful for any person 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 such enumerations shall not be deemed to be exclusive,
namely:
A.
Horns and signaling devices, etc.
(1)
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.
(2)
The creation by means of such signaling device of
any unreasonably loud or harsh sound.
(3)
The sounding of any such device for any unnecessary
and unreasonable period of time.
(4)
The use of any signaling device, except one operated
by hand or by electricity.
(5)
The use of any horn, whistle or other device operated
by engine exhaust.
(6)
The use of any signaling device when traffic is, for
any reason, held up.
B.
Racing motors. The unnecessary or unnatural acceleration,
deceleration or racing of motors in motor vehicles, whether in motion
or at rest, within the limits of the Borough.
C.
Exhausts. The discharge upon the open 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.
Defects 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 and phonographs, etc. The using, operating
or permitting to be played, used or operated of any radio receiving
sets, musical instruments, sound amplifiers, phonographs or other
machines or devices for the producing or reproducing of sound in such
a manner as to disturb the peace, quiet, comfort and 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 between the
hours of 11:00 p.m. and 7:00 a.m. 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 section.
F.
Loudspeakers and amplifiers for advertising. The using,
operating or permitting to be played, used or operated of any radio
receiving set, musical instrument, phonograph, loudspeaker, sound
amplifier or other machine or device for the producing or reproducing
of sound which is cast upon the public streets for the purpose of
commercial advertising or attracting the attention of the public to
any building or structure.
G.
Yelling and shouting, etc. Yelling, shouting, hooting,
whistling or singing on the public streets, particularly between the
hours of 11:00 p.m. and 7:00 a.m. or 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.
H.
Loading, unloading and opening boxes. The creating
of a loud, excessive noise in connection with loading or unloading
any vehicle or the opening and destruction of bales, boxes, crates
and containers from 11:00 p.m. to 7:00 a.m.
I.
Animals and birds, etc. The keeping of any animal
or bird which, by causing frequent or long-continued noise, shall
disturb the comfort or repose of any persons in the vicinity.
J.
Construction or repairing of buildings. The erection
(including excavation), demolition, alteration or repair of any streets,
highways, lands and buildings other than between the hours of 7:30
a.m. and 9:00 p.m. on weekdays, except in case of urgent necessity
in the interest of public health and safety and then only with a permit
from the Construction Official, which permit may be granted for a
period not to exceed three days or less while the emergency continues
and which permit may be renewed for a period of three days or less
while the emergency continues. If the Construction Official should
determine that the public health and safety will not be impaired by
the erection, demolition, alteration or repair of any building or
the excavation of streets and highways within the hours of 9:00 p.m.
and 7:30 a.m., and if he shall further determine that loss or inconvenience
would result to any party in interest, he may grant permission for
such work to be done within the hours of 9:00 p.m. and 7:30 a.m. upon
application being made at the time the permit for the work is awarded
or during the progress of the work.
[Amended 10-11-2004 by Ord. No. 13-04[1]]
K.
Hawkers and peddlers. The shouting and crying of peddlers,
hawkers and vendors which disturbs the peace and quiet of the neighborhood.
L.
Railways, operation thereof. The causing, permitting
or continuing of any excessive, unnecessary and avoidable noise in
the operation of any railway locomotive or railway car or train of
cars.
