[Ord. 428, 7/10/1973; as amended by Ord. No. 863-2021, 10/25/2021]
1.
PERSON
As used in this Part, the following terms shall have the meanings
indicated:
Means and includes any natural person, partnership, association
or corporation.
2.
In this Part, the singular shall include the plural; the plural shall
include the singular; and the masculine shall include the feminine
and the neuter.
[Ord. 428, 7/10/1973; as amended by Ord. No. 863-2021, 10/25/2021]
It shall be unlawful for any person to make, continue or maintain
or cause to be made, continued or maintained any loud, disturbing,
unnecessary and/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 of Hamburg.
[Ord. 428, 7/10/1973; as amended by Ord. 621, 9/7/1993; and
by Ord. No. 863-2021, 10/25/2021]
The following acts and conditions are declared to be loud, disturbing,
unnecessary, unnatural and/or unusual noises within the meaning of
this Part and are hereby prohibited:
A.
The use, operation or playing of any radio or television receiving
sets, musical instruments, sound amplifiers or other machines or devices
for producing or reproducing sound in such 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 persons 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 machine or device at any time between 10:00
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, apartment or living
unit or vehicle in which it is located shall be prima facie evidence
of a violation of this section.
B.
The use, operation or playing, or permitting to be used, operated
or played, of any radio receiving set, musical instrument, phonograph,
loudspeaker, sound amplifier or other machine or device for producing
or reproducing sound which is cast upon any public street for the
purpose of commercial advertising or attracting the attention of the
public to any building or structure.
C.
Yelling, shouting, hooting, whistling or singing upon any of the
public streets, alleys or sidewalks at any time between the hours
of 10:00 p.m. and 7:00 a.m. or at any time or place so as to annoy
or disturb the quiet, peace, comfort or repose of persons in any school,
church or office or in any dwelling, hotel or other type of residence
or of persons in the vicinity.
D.
The keeping of any animal or bird which, by causing frequent, incessant,
persistent, intermittent or long-continued noise, shall disturb or
annoy the comfort or repose of persons in the vicinity at any time
of the day or night, regardless of whether the animal is situated
upon private property.
E.
The creation of loud and excessive noise in connection with loading
or unloading any vehicle or the opening and/or destruction of bales,
boxes, crates and/or containers.
F.
Construction Tools or Equipment. Operating or permitting the operation
of any tools or equipment used in construction operations, drilling
or demolition work:
(1)
Between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and Saturdays
or at any time on Sundays or legal holidays, such that the sound therefore
creates a noise disturbance across a residential real property line
(boundary), except for emergency work.
(2)
This Subsection F shall not apply to the use of domestic power tools
as hereinafter provided in Subsection G hereof.
G.
Domestic Power Tools. Operating or permitting the operation of any
mechanically powered saw, drill, sander, grinder, lawn, garden tool,
snowblower or similar device used outdoors in residential areas between
the hours of 10:00 p.m. and 7:00 a.m. so as to cause a noise disturbance
across a residential property line (boundary) except in an emergency.
H.
No person shall operate, play or permit the operation or playing
of any radio, television, stereo, musical instrument, sound amplifier,
or similar type of device which creates, reproduces or amplifies sound:
I.
No person shall remove or render inoperative, other than for purposes
of maintenance, repair, replacement or other work, any muffler or
sound-dissipating device or element of design or noise label of any
product. No person shall operate a motorcycle, truck, automobile or
other motor vehicle in such a manner as to cause or create a noise
disturbance. This prohibition is intended to include and encompass
alarm devices on said motor vehicles.
[Ord. 428, 7/10/1983; as amended by Ord. 680, 12/28/1998;
and by Ord. No. 863-2021, 10/25/2021]
Any person, firm or corporation who shall violate any provision
of this Part shall, upon conviction thereof, be sentenced to pay a
fine not less than $250 and not more than $1,000 plus costs and, in
default of payment of said fine and costs, to imprisonment for a term
not to exceed 30 days. Each day that a violation of this Part continues
shall constitute a separate offense. Nothing in this Part shall preclude
prosecution of any person for making of loud, boisterous and unseemly
noise under the Borough's disorderly conduct ordinance.
[Added by Ord. No. 863-2021, 10/25/2021]
The following sounds are exempted from the provisions of this
chapter:
A.
Amplified Announcements. Stationary electronically amplified announcements
at athletic events, political events and civic events.
B.
Blasting. Blasting, under proper permit. Such blasting may occur
only between the hours of 9:00 a.m. and 4:00 p.m., Monday through
Friday, unless specifically authorized by permit.
C.
Concerts, Etc. Band concerts, block parties, church carnivals or
other performances or similar activities publicly or privately sponsored
and presented in any public or private space outdoors, provided that
such activities do not occur between the hours of 10:00 p.m. and 7:00
a.m., and all necessary permits.
D.
Emergency Work. Sounds caused by the performance of emergency work,
or by the ordinary and accepted use of emergency apparatus and equipment.
E.
Municipal and Utility Services. Sounds resulting from the repair
or replacement of any municipal or utility installation in or about
the public right-of-way.
F.
School and Public Activities. Sounds not electronically amplified,
created by organized school-related programs, activities, athletic
and entertainment events, or other public programs, activities or
events, other than motor vehicle racing events.
G.
Warning Devices. Sounds made by warning devices operating continuously
for three minutes or less, except that in the event of an actual emergency
the time limitation shall not apply.
H.
Special Permits. The Mayor of Hamburg, or his designee, may, upon
application, grant special permits for infrequent events or activities.
