[Adopted 7-9-2012 by Ord. No. 2012-7]
Excessive noise, and particularly amplified noise coming from
motor vehicles, is a serious threat to the welfare, contentment, health,
safety and peace of the residents of the Borough of Lewistown. It
is the intent of this article to establish requirements to prevent
excessive noise that might jeopardize the health and welfare of residents
of the Borough of Lewistown or downgrade their quality of life. This
article is not intended and shall not be interpreted to be a regulation
of the content of speech or communication; this article is intended
to be entirely content-neutral.
A.
No person, firm or corporation being the owner or person in possession
of a motor vehicle on a public roadway with any radio, phonograph,
television, disk player, tape player, computer, loudspeaker or any
other instrument, machine or device producing amplified sound from
recording or digital media of any type shall cause or permit any sound
or noise to emanate from the motor vehicle in such a manner and to
be of such intensity and duration to create unreasonable noise or
loud sound which causes inconvenience and annoyance to persons of
ordinary sensibilities.
B.
It shall be prima facie unlawful for a person, firm or corporation
being the owner or person in possession of a motor vehicle on a public
roadway with a device described above to cause or permit any noise
emanating from a motor vehicle which is plainly audible at a distance
of 50 feet or greater from the motor vehicle. The lawful use of a
motor vehicle horn shall not be a violation of this section.
C.
Exclusions. This article shall not apply to any of the following
circumstances:
(1)
The sound-amplifying equipment of a motor vehicle being operated
to request medical or vehicular assistance or to warn others of a
hazardous road, vehicle or safety condition;
(2)
The motor vehicle is an emergency vehicle or public safety vehicle
and is on an emergency run;
(3)
The motor vehicle is owned and operated by the Commonwealth of Pennsylvania,
any political subdivision thereof, or a public utility;
(4)
The motor vehicle is participating in a parade or other activity
for which the sponsors have obtained the necessary permit(s) or authorization(s);
and/or
(5)
The sound-amplifying equipment of the motor vehicle is being operated
as a requirement of federal, state or local law.
Any person, firm or corporation who shall violate this article
shall, upon conviction thereof before a Magisterial District Judge,
be sentenced to pay a civil penalty of $50 plus costs of proceedings.
An action or proceeding commenced under the authority of this
article shall be an action or proceeding within the meaning of 42
Pa.C.S.A. § 6143, whereby the registration number of the
motor vehicle shall give rise to an inference that the person to whom
the registration number is officially assigned is the owner of the
motor vehicle and was then operating the motor vehicle.
