[HISTORY: Adopted by the Borough Council of the Borough of South Waverly 3-4-2002 by Ord. No. 3-4-02 (Ch. 89 of the 1992 Code). Amendments noted where applicable.]
Zoning — See Ch. 500.
It is hereby declared to be a nuisance and disorderly conduct for any person, firm or corporation to make, cause or permit on any premises owned, occupied or controlled by it or up on any public street in the Borough of South Waverly, or any other public place in the Borough of South Waverly, any unnecessary noise by means of human voices or by any other means or methods which are so loud, harsh, prolonged, unnatural or unusual in their use or time as to be physically annoying to people or which affect and are a detriment to the public health, peace, convenience, safety, welfare, prosperity and comfort of the residents of said Borough.
The following acts and noises are declared to be loud, disturbing and unnecessary noises in violation of this chapter, but this enumeration shall be deemed to be illustrative only and not an exclusive enumeration of such noises:
Horns and signaling devices: the sounding of any horn or signaling device on any automobile, motorcycle, public conveyance or other vehicle on any street or other private or public place in the Borough, except as a danger warning.
Car alarms: the sounding of, or allowing to be sounded, any vehicle alarm, for any reason other than an emergency, on any vehicle parked on any street or public place within the Borough of South Waverly, for a length of time which exceeds 10 minutes. For the purpose of this Code, the registered owner of the vehicle shall be deemed the person responsible for any violation involving an unoccupied vehicle. More than two instances of any alarm sounding on the same vehicle for any cause other than an emergency within an eight-hour period shall authorize the towing of the offending vehicle, at the owner's expense, from any public area or area accessible to the public.
Burglar, intruder, security, etc., alarms: the sounding of, or allowing to be sounded, any burglar, intruder, or security or fire alarm at a residence or a commercial establishment for a length of time that exceeds 10 minutes for any reason other than an emergency for which the system was designed and installed. For the purpose of this Code, the owner of the property, or the lessee if said lessee is responsible for maintenance of the alarm system, shall be deemed the person responsible for any violation involving a nonemergency sounding of the alarm. More than two instances of an alarm sounding at the same location for any cause other than an emergency within an eight-hour period shall be cause for the imposition of a fine or such penalty as provided by this Code or the Borough Council of the Borough of South Waverly.
Radios, tape players, compact disc players, phonographs, amplified musical instruments, motor vehicle sound systems, musical instruments and similar devices: the using or operating of, or permitting to be played, used or operated, of any radio, musical instrument or instruments, phonograph 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 neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the person or persons who are voluntary listeners thereto. "Neighboring inhabitants" shall also be interpreted to mean those persons in close proximity to the operator of an above-listed device in a park or playground. The operation of any such set, instrument, phonograph, machine or device between the hours of 12:00 midnight and 7:30 a.m. in such manner as to be plainly audible on adjacent properties shall be prima facie evidence of a violation of this section.
Loudspeakers, amplifiers or advertising: the using or operating of, or permitting to be played, used or operated, any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine device for the producing or reproducing of sound which is cast upon the public street for the purpose of advertising or attracting the attention of the public to any building or structure without the prior written authorization of the Borough Council upon such terms as will not impair public health as determined by the Borough Council using reasonable standards.
Noise emanating from the operation of a motor vehicle on public highways regulated by the Commonwealth of Pennsylvania Motor Vehicle Code. The maximum levels set forth in the Motor Vehicle Code for the operation of vehicles on public highways as they may be amended from time to time are hereby designated to be the maximum permissible noise levels for the operation of motor vehicles on all other property as well as public highways within the Borough of South Waverly.
Allowing the engine of a truck or bus, including school buses, to idle while the vehicle is standing for a period exceeding five minutes, with the exception of vehicles with refrigeration systems where the engine must be running in order to power the refrigeration unit or vehicles that are parked in the South Waverly Borough Zoning Ordinance Industrial District.
Exhausts: the discharge into the open air of the exhaust of any steam engine, stationary internal-combustion engine, motorboat or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom. Further, the discharge of excessive noise from an engine that has been modified or becomes defective so as to cause the level of sound emitted to be greater than that emitted when originally manufactured, nor shall any person operate said devices, equipment, etc., with the muffler or noise-reduction equipment removed.
Schools and churches: the creation of any excessive noises on any street adjacent to any school, institution of learning, or church while the same are in use which unreasonably and unnecessarily interferes with the workings of such institutions.
Restaurants and private clubs: the playing of, or causing to be played or permitting to be played, music of any kind or description, including instrumental music, radio, player piano, jukebox, recorder, electronically produced or vocal music, which interferes with the repose, health, comfort, safety or welfare of any person and is plainly audible from adjacent properties, between the hours of 12:00 midnight and 7:30 a.m. in any restaurant, bar, tavern and/or other public place licensed to sell liquors, wines or beer to be consumed on the premises. This section will not supersede the regulations of the Pennsylvania Liquor Control Board.
The provisions of this chapter shall apply to military or civil parades and celebrations at public gatherings.
Exceptions include noise emanating from the following:
Parades authorized by Borough Council.
Carnivals or similar events authorized by Borough Council.
Public celebrations authorized by Borough Council.
Borough Hall rental events.
Borough grounds rental events.
Sirens or whistles used by the Fire Department and contracting police force.
[Amended 6-2-2010 by Ord. No. 06-02-10-02]
Sirens used by authorized emergency vehicles.
Civil defense and any other municipal department or agency for emergency functions shall not be subject to the provisions of this chapter.
Events with permits.
[Added 6-2-2010 by Ord. No. 06-02-10-02]
The contracting police agency is authorized to assist the Code Officer to enforce the provisions of this chapter.
Editor's Note: This ordinance also provided for an effective time and date of 12:00 midnight on 6-30-2010, further providing that the South Waverly Borough Police Department be disbanded at that time contemporaneously with the commencement of police services in South Waverly Borough by Sayre Borough Police Department pursuant to an agreement of 3-1-2010.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates or permits a violation of this chapter shall, upon being found liable therefor, pay a fine of not more than $600, plus court costs and reasonable attorneys’ fees incurred by the Borough in the enforcement proceedings. If the penalty is not paid, the Borough shall initiate a civil action for collection in accordance with the Pennsylvania Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this chapter in equity in the Court of Common Pleas of Bradford County.