[HISTORY: Adopted by the Borough Council of the Borough of Wrightstown by Ord. No. 1976-6 (Sec. 3-9 of the Revised General Ordinances). Amendments noted where applicable.]
Peace and good order — See Ch. 137.
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 endangers the health, safety or welfare of the community, or which annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others within the borough.
The following acts, among others, are declared to be loud, unnecessary, disturbing, and a danger to the health, safety and welfare of the community and its people, in violation of § 122-1, but the enumeration shall not be deemed to be exclusive, namely:
Horns, signaling devices, etc. The sounding of any horn or signaling device on any automobile, motorcycle, street car, bus or other vehicle in the borough except as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound; the sounding of any such device for an unnecessary and unreasonable period of time; the use of any horn, whistle or other device operated by engine, exhaust or by compressed air or gas or by vacuum; and the use of any such signaling device when traffic is for any reason held up.
Radios, televisions, phonographs, tape recorders, etc. The using, operating or permitting to be played, used or operated either indoors or outdoors of any radio receiving set, television receiver, musical instrument, phonograph, tape recorder or other machine or device for the producing or reproducing of sound in such a manner as to disturb the peace, quiet and comfort 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, chamber or premises in which such machine or device is operated and who are voluntary listeners thereto.
Loud speakers, amplifiers. The using, operating or permitting to be played, used or operated of any receiving set, musical instrument, phonograph, loudspeaker, sound amplifier, tape recorder 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 for any other purpose, except as authorized by governmental authorities in connection with law enforcement or public emergencies; provided that such devices may be employed in connection with nonprofit charitable, educational, civic, religious or recreation activities in accordance with permits first obtained therefor from the Borough Clerk pursuant to § 122-4.
People noise. Yelling, shouting, whistling, singing or conducting unnecessarily loud or annoying vocal utterances at any time or place so as unreasonably to annoy or disturb the quiet, comfort or repose of any person in any residence, school, place of business, street or public place.
Animals, 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.
Nonvehicular whistles, horns and other signaling device except to give notice of the time to begin or stop work or as a warning of fire or danger, or upon request of proper borough authorities, or as may be required by general law or ordinance.
Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary jet or internal combustion engine or motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
Vehicles and their loads. The use of any automobile, motorcycle, truck or vehicle so out of repair, so loaded, or operated in such a manner as to create loud and unnecessary grating, grinding, rattling or other noise.
Construction work. The excavation, grading, paving, erection, demolition, alteration or repair of any premises, street, building or structure at any time on Sundays, or other than between the hours of 8:00 a.m. and 6:00 p.m. on Saturdays or between the hours of 7:00 a.m. and 6:00 p.m. on all other days, except in case of urgent necessity in the interest of public health and safety, and, if the nature of the emergency will admit of the prior procurement of a permit, then only in accordance with a permit first obtained from the Borough Engineer as to public street work, or from the borough building subcode official as to other work, pursuant to § 122-4. Such permit may be granted for a period not to exceed three days or less while the emergency continues. Notwithstanding the foregoing, if the engineer or building subcode official, as the case may be, shall determine that the public health and safety will not be impaired by such work within the prohibited hours, 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 prohibited hours upon application being made at the time the permit for the work is issued or during the progress of the work. The provisions of this subsection shall not apply to interior or exterior repairs or to interior alterations, the work for which is actually performed by a homeowner or occupant, personally, between the hours of 8:00 a.m. and 10:00 p.m., upon residential premises that are owned by such homeowner or that are occupied by such occupant, provided the work shall be done without undue noise or disturbance of the peace and quiet of the neighborhood.
Loading, unloading, opening boxes. The creation of loud and excessive noise in connection with the loading or unloading of any vehicle or the opening or destruction of bales, boxes, crates and containers.
Refuse collection. The collection, transportation or disposal of garbage, trash, cans, bottles and other refuse by persons engaged in the business of scavenging or garbage collection at any time on Sundays, or other than between the hours of 7:00 a.m. and 7:00 p.m. on all other days, except in case of urgent necessity in the interest of public health and safety, and, if the nature of the emergency will admit of the prior procurement of a permit, then only in accordance with a permit first obtained from the Borough Clerk pursuant to § 122-4. Such permit may be granted for a period not to exceed three days or less while the emergency continues, and it may be renewed for periods of three days or less while the emergency continues.
School courts, churches and hospitals. The creation of any excessive noise on any street or property adjacent to any school, institution of learning, church or court while the same are in use, or adjacent to any hospital, which unreasonably interferes with the workings of such institution, or which disturbs or unduly annoys patients in the hospital.
Drums. The use of any drum or other instrument or device for the purpose of attracting attention to any performance, show or sale, except in connection with any school or civic activity, or where a parade permit has been issued.
Hawkers, peddlers. The shouting and crying of peddlers, hawkers and vendors which disturbs the peace and quiet of the neighborhood.
Commercial transport. The causing, permitting or continuing of any excessive, unnecessary and avoidable noise in the operation of railroad cars, locomotives, buses and trucks.
Blowers. The operation of any noise-creating blower or power fan or any internal combustion engine, the operation of which causes noise due to the explosion of operating gases or fluids, unless the noise from such blower or fan is adequately muffled and such engine is equipped with a muffler device sufficient to deaden such noises.
Lawn mowers, chain-saws, etc. The operation or use of any power lawn mower, chain-saw, fence post driller, or the like, between the hours of 10:00 p.m. and 8:00 a.m.
Miscellaneous night noises. Any of the following activities, when occurring in close proximity to residences between 11:00 p.m. and 7:00 a.m.: the warming up or idling of buses, trucks or tractors, and the unnecessary and repeated idling, acceleration and deceleration, or starting and stopping of automobiles and motorcycles.
No person shall use or operate any facility, machine or instrumentality or produce or cause to be produced any sound in the borough when the same shall produce noise, the sound pressure level of which measured at the point of annoyance complained of shall exceed 65 decibels between the hours of 8:00 a.m. and 8:00 p.m. or 50 decibels between the hours of 8:00 p.m. and 8:00 a.m. or which shall be more than 10 decibels above the existing background sound level, as measured on the "A" weighting of a sound level meter which conforms to the specifications of the United States of America Standards Institute. The background sound level is defined as the sound level present when the offending noise source is silenced. In no instance, however, shall it be necessary to reduce the noise level below 40 decibels between the hours of 8:00 a.m. and 8:00 p.m. or 30 decibels between the hours of 8:00 p.m. and 8:00 a.m. This section is applicable when and where the character and nature of any sound or noise lends itself to measurement, but nothing in this chapter shall be construed in any way to limit any other portion or part of this chapter.
The officer charged with the responsibility of issuing permits for the activities requiring permits in accordance with § 122-2 shall issue permits for such activities if such officer shall find that the activities will not unduly or unnecessarily annoy, disturb, injure or endanger the comfort, repose, health, peace or safety of others, that the activities will not violate any other ordinance or law or create a public nuisance, and that the public health and safety will not be endangered thereby.
Permits shall specify the dates and hours of the permitted activities, which shall not be allowed between the hours of 10:00 p.m. and 7:00 a.m. unless the issuing officer shall determine that it is in the best interest of the community that the activities take place wholly or partially during such hours.
The issuing officers are authorized to adopt and use such forms of applications and permits as may be reasonably required in the performance of their duties. Each application for a permit shall be accompanied by a fee of $2 dollars which shall be payable to the borough.
An applicant for a permit hereunder shall have the right to appeal to the Borough Council from the denial of the permit by the issuing officer. Such appeal shall be taken by filing a written notice of appeal addressed to the Borough Council. Such notice shall be filed within three days after the issuing officer shall have notified the applicant of the denial of the permit. The Borough Council shall act upon the appeal as soon as practicable after receiving the notice thereof and shall give the applicant an opportunity to be heard before taking action. The Borough Council may affirm or reverse the issuing officer's denial of the permit or may grant the permit with modifications or conditions.
Nothing in this chapter shall be construed to apply to church bells or chimes, or to the playing of bands or orchestras in a hall or building in a manner which will not annoy the peace, comfort and quiet of the neighboring inhabitants, or to municipal, county, state or federal government agencies in connection with any emergency, or to normal working activities of or activities sponsored by the Borough Council, or to warning devices on other vehicles used only for traffic safety purposes.
In addition to public law enforcement officers and others who by law are entitled to enforce or bring complaints under this chapter, the officers who are designated hereunder for the issuance of permits shall have the power to enforce and bring complaints under this chapter.
The provisions of this chapter are not intended to be exclusive or to supersede any other remedies provided by law or ordinance.