[HISTORY: Adopted by Mayor and Council of Borough of Wenonah 7-6-1905. Amendments noted where applicable.]
[Amended 12-29-1983]
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.
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.
Any building compromising two or more dwelling units, including
but not limited to, apartments, condominiums, co-ops, multiple family
houses, townhouses and attached residences.
Any distinct parcel of land that is used for more than one
category of activity. Examples include, but are not limited to:
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
A building which is both commercially (usually on the ground
floor) and residential property located above, behind, below or adjacent.
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.
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:
A.Â
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.
B.Â
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.
C.Â
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.
D.Â
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]
(1)Â
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.
(2)Â
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.
(3)Â
The creation of loud and excessive noises in connection with the
loading or unloading of any vehicle.
E.Â
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.
F.Â
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.
G.Â
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.
H.Â
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]
I.Â
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]
J.Â
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.
K.Â
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]
A.Â
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.
B.Â
ENGINE BRAKING
Definitions. As used in this section, the following terms shall have
the meanings indicated:
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.
C.Â
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.
D.Â
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.
[1]
Editor's Note: Former § 39-3, Gaming prohibited,
was repealed 12-29-1983.
[1]
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.
[Amended 12-29-1983]
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.
