Chapter 26, Noise

[HISTORY: Adopted by the Borough Council of the Borough of Harveys Lake 1-17-1990 by Ord. No. 4-1990. Amendments noted where applicable.]

GENERAL REFERENCES
Dogs and other animals -- See Ch. 10A.
Peace and good order -- See Ch. 29.
Peddling and soliciting -- See Ch. 30.

ARTICLE I, General Provisions

§ 26-1. Prohibited acts.
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 which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others within the Borough.

§ 26-2. Horns; warning devices.
The sounding of any horn or other warning device on any automobile, motorcycle or other vehicle on any street or public place of the Borough, except as a danger warning; the creating by means of any such warning devise of any unreasonably loud or harsh sound; the sounding of any such device for an unnecessary and unreasonable period of time; and the use of such warning device when traffic for any reason is held up, shall be deemed a violation of this chapter.

§ 26-3. Radios; phonographs, etc.
Using, operating or permitting to be played, used or operated any radio receiving set, television set, musical instrument, 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 the neighboring inhabitants, or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle or chamber in which such machine or device is operated and who are voluntary listeners thereto, shall be deemed a violation of this chapter. The operation of any such set, instrument, phonograph, machine or device 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 50 feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this chapter.

§ 26-4. Yelling; shouting.
Yelling, shouting, hooting, whistling or singing on the public streets, particularly between the hours of 11:00 p.m. and 7:00 a.m., or at any time or place so as to annoy or disturb the quiet, comfort or repose of persons in any office or in any dwelling, hotel or other type of residence or of any persons in the vicinity shall be deemed a violation of this chapter.

§ 26-5. Promoting sale of merchandise.
The ringing of any hand bell, beating or striking of any pan or pail, the sounding of any gong, the blowing of any whistle or horn or the mechanical amplification of the human voice by loudspeakers or megaphones to promote the sale of goods, wares or merchandise shall be a violation of this chapter; provided, however, that this section shall not apply to the electrical amplification of clock chimes.

§ 26-6. Defect in vehicle or load.
The use of any automobile, motorcycle or vehicle so out of repair, so loaded or in such manner as to create loud and unnecessary grating, grinding, rattling or other noise shall be deemed a violation of this chapter.

§ 26-7. Screeching of tires.
The operation of any motor vehicle in such a way as to cause the tires thereof to screech, except where the same is necessarily caused in an emergency in an attempt by the operator to avoid an accident or the causing of damage or injury, shall be deemed a violation of this chapter.

§ 26-8. Loading; unloading; opening boxes.
The creating of a loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and containers shall be deemed a violation of this chapter.

§ 26-9. Blowers.
The operation of any noise-creating blower or power fan or any internal combustion engine, the operation of which causes noise due to the explosion of operating gases or fluids, unless the noise from such blower or fan is muffled and such engine is equipped with a muffler device sufficient to deaden such noise, shall be deemed a violation of this chapter.

§ 26-10. Operation of power mowers; construction; demolition.
A. It shall be unlawful for any person to operate a motor-driven or power-operated lawn mower or to engage in any construction or demolition work within the Borough between the hours of 10:00 p.m. and 6:00 a.m. the following day.
B. The operation between the hours of 10:00 p.m. and 7:00 a.m. of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist or other appliance, the use of which is attended by loud or unusual noise, shall be deemed a violation of this chapter.

§ 26-11. Emergency permit.
In the event of any emergency, a permit may be issued exempting any person from § 26-10 for any period of time specified on the face of the permit. The permit may be issued free of charge by the Police Department.

§ 26-12. Government agencies; utilities.
Section 26-10 shall not apply to emergencies of any governmental subdivision of any public utility.

ARTICLE II, Sound Trucks

§ 26-13. Definitions.
The following words and phrases, when used in this article, shall have the meanings respectively ascribed to them:
SOUND AMPLIFYING EQUIPMENT -- Any machine or device for the amplification of the human voice, music or any other sound. "Sound amplifying equipment" as used herein shall not be construed as including standard automobile radios when used and heard only by occupants of the vehicle in which installed or warning devices on authorized emergency vehicles or horns or other warning devices on other vehicles used only for traffic safety purposes.
SOUND TRUCK -- Any motor vehicles or horse-drawn vehicles having mounted thereon or attached thereto any sound amplifying equipment.

§ 26-14. Noncommercial use.
A. Registration required. No person shall use or cause to be used a sound truck with its sound amplifying equipment in operation for noncommercial purposes in the Borough unless a license has been obtained from the finance officer. The fee for such license shall be $10 per day. This license shall be issued by the finance officer after the person applying has filed with the Borough Clerk in writing a registration statement. This registration statement shall be filed in duplicate and shall state the following:

(1) The name and home address of the applicant.
(2) The address of the place of business of the applicant.
(3) The license number and motor number of the sound truck to be used by the applicant.
(4) The name and address of the person who owns the sound truck.
(5) The name and address of the person having direct charge of the sound truck.
(6) The names and addresses of all persons who will use or operate the sound truck.
(7) The purpose for which the sound truck will be used.
(8) A general statement as to the section or sections of the Borough in which the sound truck will be used.
(9) The proposed hours of operation of the sound truck.
(10) The number of days of proposed operation of the sound truck.
(11) A general description of the sound amplifying equipment which is to be used.
(12) The maximum sound producing power of the sound amplifying equipment to be used in or on the sound truck. State the following:
(a) The wattage to be used.
(b) The volume in decibels of the sound which will be produced.
(c) The approximate maximum distance for which sound will be thrown from the sound truck.
B. Registration statement amendment. All persons using or causing to be used sound trucks for noncommercial purposes shall amend any registration statement filed pursuant to Subsection A within 48 hours after any change in the information therein furnished.
C. Registration and identification. The Borough Clerk shall return to each applicant under Subsection A one copy of the registration statement duly certified by the Borough Clerk as a correct copy of the application. Such certified copy of the application and the license issued by the finance officer shall be in possession of any person operating the sound truck at all times while the sound truck's sound amplifying equipment is in operation, and the copy shall be promptly displayed and shown to any policeman of the Borough upon request.
D. Regulations for use. Noncommercial use of sound trucks in the Borough with sound amplifying equipment in operation shall be subject to the following regulations:
(1) The only sounds permitted are human speech.
(2) Operations are permitted for four hours each day between the hours of 11:30 a.m. and 1:30 p.m. and between the hours of 4:30 p.m. and 6:30 a.m., except on Sundays and legal holidays when no operations shall be authorized.
(3) Sound equipment shall not be operated unless the sound truck upon which such equipment shall be mounted is operated at a speed of at least 10 miles per hour, except when the sound truck is stopped or impeded by traffic. Where the sound truck is stopped by traffic, the sound amplifying equipment shall not be operated for longer than one minute at each stop.
(4) Sound shall not be issued from the amplifying equipment at any time the sound truck is within 100 yards of hospitals, schools or churches.
(5) No sound truck with its amplifying device in operation shall be operated on any streets in any area bounded by the confines of the Borough of Harveys Lake.
(6) The human speech amplified shall not be profane, lewd, indecent or slanderous.
(7) The volume of sound shall be controlled so that it will not be audible for a distance in excess of 100 feet from the vehicle and so that the volume is not unreasonably loud, raucous, jarring, disturbing or a nuisance to persons within the area of audibility.
(8) No sound amplifying equipment shall be operated in excess of 15 watts of power in the last stage of amplification.
(9) No sound truck with its sound amplifying equipment shall be operated on any street adjacent to a dwelling wherein any occupant is under medical attention, and if the operator of any sound truck with amplifying equipment in operation is requested to cease operation by the occupant of a dwelling because someone in the dwelling is under medical attention and refuses to cease operation, the operator shall be deemed to be in violation of this section.

§ 26-15. Commercial advertising prohibited.
No person shall operate or cause to be operated any sound truck for any commercial sound advertising purposes in the Borough with sound amplifying equipment in operation.

ARTICLE III, Penalties [Added 3-15-1994 by Ord. No. 2-1994]

§ 26-16. Violations and penalties.
Any person violating any of the provisions of this chapter shall, upon conviction thereof, for each violation be subject to a fine not to exceed $1,000 and costs of prosecution for each violation thereof. Each day of violation shall be considered a separate violation for the purposes of this chapter.