[HISTORY: Adopted by the Borough Council
of the Borough of Homestead 9-13-1994 by Ord. No. 1061. Amendments noted where
applicable.]
It is hereby declared to be a nuisance, and
it shall be unlawful for any person, firm or corporation to make,
cause or suffer or permit to be made or caused upon any premises owned,
occupied or controlled by him or it, or upon any public street, alley
or thoroughfare in the Borough of Homestead any unnecessary noises
or sounds by means of the human voice or by any other means or methods
which are physically annoying to the comfort of any person or which
are so harsh or so prolonged or unnatural or unusual in their use,
time and place as to occasion physical discomfort or which are injurious
to the lives, health, peace and comfort of the inhabitants of said
Borough or any member thereof.
A.
No person shall operate or cause to be operated, any audio amplification or reproduction device, including but not limited to an oversized hand-carried radio, cassette, compact disc player, or one that is installed in or audio powered by a vehicle, on a Borough street or sidewalk, in a Borough park, on a public conveyance or on any other public property which generates an A-weighted sound level in excess of 85 dB(a) in a residential area measured at, or adjusted to, a distance of 50 feet from the source. This Subsection A shall not apply to audio amplification devices used for open air musical concerts or any other private or public event.
B.
No person shall operate, or cause to be operated,
any audio amplification system used for an open-air musical concert
or any other event, public or private, which generates an A-weighted
sound level in excess of 85 dB(a) in a residential area measured at,
or adjusted to, a distance of 100 feet beyond the boundary of the
property in which the audio amplification or reproduction system is
located.
D.
A person operating an audio amplification or reproduction
device shall be exempt from this section provided that:
(1)
The device is being operated to request assistance
or warn of a hazardous situation; or
(2)
The device is an authorized emergency vehicle or a
vehicle operated by gas, electric, communications or water utility;
or
(3)
The device is being used in connection with a parade,
political activity, amusement activity or community event that is
being conducted under any permit issued by the Borough of Homestead;
provided that the recommended sound level in this subsection is not
exceeded between the hours of 11:00 p.m. and 7:00 a.m.
A.
No person shall operate a sound truck or loud speaker
on the streets or public places of the Borough of Homestead without
first obtaining a permit therefor from the Council of the Borough
of Homestead. Such permit shall be for a period of one day only. Such
permit shall not be transferable from person to person or from sound
truck to sound truck, and may not be extended as to the date it shall
be used, nor shall any permit for the operation of such sound truck
be issued for use earlier than 8:00 a.m. or later than 9:00 p.m. of
the prevailing local time. Every application for a permit shall be
accompanied by a permit fee of $5.
B.
The application for such permit shall be filed in
duplicate with the Secretary of the Borough, and the permit issued
shall be limited in accordance with the information contained in such
application and shall set forth the following:
(1)
Name and home address of the applicant.
(2)
Business address of applicant.
(3)
Name and address of owner of sound truck.
(4)
Make and license number of sound truck.
(5)
Name and address of person operating sound truck.
(6)
Name and address of person operating sound equipment.
(7)
The purpose for which sound truck will be used.
(8)
The proposed hours of operation of sound truck.
(9)
A certificate from an engineer that such amplifying
machine is so equipped and regulated by decibels, that the sound coming
from such machine cannot be audibly heard at a distance greater than
100 feet from the sound truck or amplifying machine.
C.
After the issuance of said permit, the Borough Secretary
shall return one certified copy of the application to the permittee
together with the permit, which must be in the possession of the operator
of the sound truck during such time that the sound amplifying equipment
is in operation. Such certified application permit shall, upon request,
be promptly exhibited to any police officer of the Borough of Homestead.
No permit, so issued, may be used which attracts
the attention of motorists or pedestrians, causing the blocking of
streets and thereby creating a traffic congestion and hazard.
It shall be unlawful for any person, firm or
corporation to sound any horn or warning device on any automobile,
motorcycle, bus or other vehicle, except when required by law, or
when to give timely warning of impending danger to persons driving
other vehicles or to persons upon the street. No person shall sound
any horn or warning device on any automobile, motorcycle, bus or other
vehicle which shall emit an unreasonably loud or harsh sound, or for
any unnecessary or unreasonable period of time.
Any person, persons, firms or corporations who
shall violate any of the provisions of this chapter shall, upon conviction
thereof, be sentenced to pay a fine of not less than $100 nor more
than $1,000, plus costs, and, in default of the payment of such fine
and costs, to undergo imprisonment in the county jail for a period
of not less than 30 days nor more than 90 days. Each violation of
any of the provisions of this chapter shall be deemed to be a separate
and distinct offense.
