[HISTORY: Adopted by Mayor and Council of Borough of Wenonah 7-6-1905. Amendments noted where applicable.]
No person shall keep for sale malt or distilled liquors or maintain a disorderly house or houses of prostitution or allow or permit any house, shop, store or other building owned or occupied by him or her to be used as a disorderly house or house of prostitution or be frequented or resorted to by riotous or disorderly persons, prostitutes or to be used as a massage parlor.
[Added 3-12-2009 by Ord. No. O-2009-04]
- Any site preparation, assembly, erection, repair, alteration or similar action, including demolition of buildings or structures.
- Any dismantling, destruction or removal of buildings, structures or roadways.
- MOTOR VEHICLE
- Any vehicle that is propelled other than by human or animal power on land.
- A properly functioning sound dissipative device or system for abating the sound of escaping gases on equipment where such a device is part of the normal configuration of the equipment.
- MULTI-DWELLING UNIT BUILDING
- Any building compromising two or more dwelling units, including but not limited to, apartments, condominiums, co-ops, multiple family houses, townhouses and attached residences.
- MULTI-USE PROPERTY
- Any distinct parcel of land that is used for more than one category of activity. Examples include, but are not limited to:
- A. A commercial, residential, industrial or public service property having boilers, incinerators, elevators, automatic garage doors, air conditioners, laundry rooms, utility provisions, or health and recreational facilities, or other similar devices or areas, either in the interior or in the exterior of the building, which may be a source of elevated sound levels at another category on the same distinct parcel of land; or
- B. A building which is both commercially (usually on the ground floor) and residential property located above, behind, below or adjacent.
- PLAINLY AUDIBLE
- Any sound that can be detected by a person using his or her unaided hearing faculties. As an example, if the sound source of investigation is a portable or personal vehicular sound amplification or reproductive device, the detection of the rhythmic bass component of the music is sufficient to verify plainly audible sound.
- REAL PROPERTY LINE
- Either (a) the imaginary line including its vertical extension that separates one parcel of real property from another; (b) the vertical and horizontal boundaries of a dwelling unit that is part of a multi-dwelling unit building; or (c) on a multi-use property, the interface between the two portions of the property on which different categories of activity are being performed (e.g., if the multi-use property is a building which is residential upstairs and commercial downstairs, then the real property line would be the interface between the residential area and commercial area).
[Added as Section 39-2 8-22-1996 by Ord. No. 96-5; Amended 11-29-2007 by Ord. No. O-17-15; amended and renumbered 3-12-2009 by Ord. No. O-2009-04]
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 for an unreasonable period of time which endangers the health, safety or welfare of the community or which annoys, disturbs, injures or endangers the comfort, rest, health, peace or safety of others within the Borough of Wenonah. 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, but the enumeration shall not be deemed exclusive:
The using, operating, or permitting to be played, any radio, television, stereo or other machine or device for the producing or reproducing of sound between the hours of 11:00 p.m. and 7:00 a.m., in such a manner as to be plainly audible at a distance of 100 feet from the building, structure, device or vehicle in which it is located shall be prima facie evidence of a violation of this section.
Yelling, shouting, hooting, whistling, singing or the making of loud and disturbing noises by the use of clappers, bells, horns, musical instruments or similar devices, in such a manner as to be plainly audible, at any time or place so as to unreasonably annoy or disturb the quiet, comfort or rest of any person in any residence, school, place of business, street or public place.
The operation or use of any power lawn mower or lawn equipment, chain saws, motorized snowblowers or snow throwers or the like between the hours of 11:00 p.m. and 7:00 a.m.. All motorized equipment used in these activities shall be operated with a muffler.
Any of the following activities when occurring within 150 feet of any residences, public park or conservation area between 11:00 p.m. and 7:00 a.m. in such a manner as to be plainly audible:
[Amended 10-25-2007 by Ord. No. O-07-15]
The warming up or idling of buses, trucks or tractors, and the unnecessary or unreasonable or repeated idling, acceleration and deceleration or starting and stopping of automobiles and motorcycles.
The use of any automobile, motorcycle, truck or vehicle so out of repair, loaded or operated in such a manner as to create loud and unnecessary grating, grinding, rattling or other noise.
The creation of loud and excessive noises in connection with the loading or unloading of any vehicle.
The construction, excavation, grading, paving, erection, demolition, alteration or repair of any premises, street, building or structure between the hours 11:00 p.m. and 7:00 a.m., except in case of urgent necessity in the interest of public health and safety.
The creation of any excess noise, in such a manner which is plainly audible, on any street or property adjacent to the real property line of any school, church or court while same is in use, which unreasonably interferes with such institution.
Nothing in this chapter shall be construed to apply to church bells or chimes, nor to the playing of bands or orchestras in the hall, park, playground or building in a manner which will not annoy the peace and quiet enjoyment of the neighboring inhabitants, nor to the municipal, county, state or federal government agencies in connection with any emergency, nor to normal working activities of or activities sponsored by the borough or to warning devices on other vehicles used for traffic safety purposes.
The discharge into the open air of the exhaust of a steam engine, internal combustion engine or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises.
[Added 10-25-2007 by Ord. No. O-07-15]
The operation of an automobile, motorcycle or motorized vehicle so out of repair, so overloaded or in such a manner that it creates loud and unnecessary grating, grinding, rattling or other noises.
[Added 10-25-2007 by Ord. No. O-07-15]
Personal or commercial vehicular music amplification or reproduction equipment shall not be operated in such a manner that is plainly audible at a residential property line between the hours of 10:00 p.m. and 8:00 a.m.
Personal vehicular music amplification equipment shall not be operated in such a manner as to be plainly audible at a distance of 50 feet in any direction from the operator between the hours of 10:00 p.m. and 8:00 a.m.
[Adopted 5-22-2009 by Ord. No. 2008-10]
Purpose. The purpose of this ordinance is to establish prohibitions of the conduct of engine-braking, hereinbelow defined, and to thereby protect the public health, safety and welfare of the community.
Definitions. As used in this section, the following terms shall have the meanings indicated:
- ENGINE BRAKING
- The use or operation of any mechanical exhaust device designed to aid in braking, decompression or deceleration of any motor vehicle which results in excessive, loud, unusual or explosive noise from such vehicle.
Engine-braking prohibited. No operator of a motor vehicle shall cause it to be used or operated, at any time and on any street within the Borough of Wenonah, in a manner that will use or deploy any mechanical exhaust or decompression device resulting in the practice commonly known as "engine-braking." However, the provisions of this ordinance shall not apply to the application of unmuffled compression brakes if necessary for the protection of persons and/or property which cannot be avoided by application of an alternative braking system. Noise caused by the application of the engine compression brakes, otherwise known as "engine- braking," which is effectively muffled, or if the application is necessary for the health, safety and welfare of the community, is exempt from the provisions of this chapter. Noise created by emergency equipment for emergency purposes is exempt from any and all provisions of this section.
Violations and penalties. Any person violating provisions of this ordinance shall, upon conviction, be subject to a fine of not more than $250 or imprisonment or community service for a period not to exceed 30 days, or both for a first conviction. Upon a second conviction, such person shall be subject to a fine of not more than $500 or imprisonment or community service for a period not to exceed 90 days, or both; and, upon a third or subsequent conviction, such person shall be subject to a fine of not more than $1,000 or imprisonment or community service not to exceed 180 days, or both.
Editor's Note: Former § 39-3, Gaming prohibited, was repealed 12-29-1983.
Editor's Note: Former § 39-4, Loitering, obstructing streets and offensive language prohibited, was repealed 12-29-1983.
No person shall go about from door to door or place himself or herself in the streets to beg or gather alms.
Each and every person violating any of the provisions of this ordinance shall, upon conviction thereof, forfeit and pay a fine of not less than $100 or more than $500 or be imprisoned in the county jail for not more than 90 days, or both.
This ordinance shall take effect immediately.