[HISTORY: Adopted by the Borough Council
of the Borough of Indiana 11-7-1967 by Ord. No. 881 (Ch. VI, Part 1, Secs.
12 to 16, of the 1971 Code of Ordinances). Amendments noted where
applicable.]
The Borough Council of the Borough of Indiana,
Pennsylvania, hereby finds and declares that:
A.
The making and creation of loud, unnecessary or unusual
noises within the limits of the Borough of Indiana is a condition
which has existed for some time and the extent and volume of such
noise is increasing.
B.
The making, creating or maintenance of such loud,
unnecessary and unnatural or unusual noises which are prolonged, unusual
or unnatural in their time, place and use affect and are detrimental
to public health.
C.
The necessity in the public interest for the provisions
and prohibitions hereinafter contained and enacted is declared as
a matter of legislative determination and public policy, and it is
further declared that the provisions and prohibitions hereinafter
contained and enacted are in pursuance of and for the purpose of securing
and promoting the public health, comfort, convenience, safety, welfare
and prosperity and the peace and quiet of the Borough of Indiana and
its inhabitants.
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 limits of the Borough.
The following acts, among others, are declared
to be loud, disturbing and unnecessary noises in violation of this
chapter, but said enumeration shall not be deemed to be exclusive;
namely:
A.
Horns, signaling devices, etc. The sounding of any
horn or signaling device on any motor vehicle, motorcycle, locomotive
or other means of conveyance within the limits of the Borough, except
as a danger warning; the creation by means of such signaling device
of any unreasonably loud or harsh sound; and the sounding of any such
device for an unnecessary and unreasonable period of time. The use
of any signaling device except one operated by hand or by electricity;
the use of any horn, whistle or other device operated by engine exhaust;
and the use of any signaling device when traffic is for any reason
held up.
B.
Racing motors. The unnecessary or unnatural acceleration,
deceleration or racing of motors in motor vehicles, whether in motion
or at rest, within the limits of said Borough.
C.
Exhausts. The discharge upon the open air of the exhaust
of any steam or diesel locomotive, stationary internal combustion
engine, motor boat or motor vehicle, except through a muffler or other
device which will effectively prevent loud or explosive noises therefrom.
D.
Defect in vehicle or load. The use of any motor vehicle,
motorcycle or other piece of machinery or equipment so out of repair
or so loaded or in such a manner as to create loud and unnecessary
grating, grinding, rattling or other noise.
E.
Radios, phonographs, etc. The using, operating, playing,
or permitting to be played, used or operated any radio receiving sets,
musical instruments, sound amplifiers, phonographs, or other machines
or devices for the production or reproduction of sound in such a manner
as to disturb the peace, quiet, comfort and repose of the neighboring
inhabitants at any time with a louder volume than is necessary for
convenient hearing for the person or persons who are voluntary listeners
thereto. The operation of any such set instrument, phonograph, machine,
or device 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 a violation of this section.
[Amended 3-5-1996 by Ord. No. 1682]
F.
Loud speakers, amplifiers for advertising. The using,
operating or permitting to be played, used or operated of any radio
receiving set, musical instrument, phonograph, loud speaker, sound
amplifier or other machine or device for the producing or reproducing
of sound which is cast upon the public streets for the purpose of
commercial advertising or attracting the attention of the public to
any building or structure.
G.
Yelling, shouting, etc. 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 school,
church or office, or in any dwelling, hotel or other type of residence,
or of any persons in the vicinity.
H.
Animals, birds, etc. The keeping of any animal or
bird, which by causing frequent or long continued noise, shall disturb
the comfort or repose of any persons in the vicinity.
I.
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.
J.
Construction or repair of buildings, lands and streets.
The erection (including excavating), demolition, alteration, or repair
of any streets, highways, lands, and buildings shall be permitted
within the Borough only between the hours of 7:00 a.m. and 8:00 p.m.,
Monday through Saturday. Only owners and residents shall have the
right to repair their own properties on Sunday and only between the
hours of 1:00 p.m. and 7:00 p.m. Such activities may be engaged in
at other hours if necessitated by concerns for public health and safety
and then only with the permit issued by the Borough Manager or his
designee, which permit shall be granted for a period not to exceed
three days or less while the emergency continues and the permit may
be renewed for periods of three days or less while the emergency continues.
The Borough Manager or his designee in order to grant such permit,
the Borough Manager or his designee must determine that the public
health and safety will not be impaired by the granting of the permit.
[Amended 8-2-1994 by Ord. No. 1633; 4-6-2010 by Ord. No.
2010-02]
K.
Hawkers, peddlers. The shouting and crying of peddlers,
hawkers and vendors which disturb the peace and quiet of the neighborhood.
L.
Railway, operation thereof. The causing, permitting
or continuing any excessive, unnecessary and avoidable noise in the
operation of any railway locomotive or railway car or train of cars.
M.
Amplified noises. To create or cause to be created
amplified noise that can be heard by persons of normal hearing acuity
within 50 feet of any boundary of the property on which the noise
is originating. Amplified noise shall be considered any sound increased
in volume by electronic means so as to be discernible more than 50
feet from the edge of the property on which the electronic amplification
is located.
[Added 3-5-1996 by Ord. No. 1682]
[Amended 6-8-1971 by Ord. No. 1017; 3-5-1996 by Ord. No.
1682; 9-2-2014 by Ord. No. 2014-03]
A.
The Borough Council, or any officer or employee designated thereby
for the purpose, is authorized to enforce this chapter.
B.
Any person, persons, firm or corporation who shall violate any provisions
of this chapter between the hours of 10:00 p.m. and 7:00 a.m. shall,
upon conviction thereof, be sentenced to pay a fine of not less than
$300 for the first offense, a fine of not less than $500 for the second
or subsequent offense, together with costs of prosecution. In default
of payment of such fine and costs, such person shall be sentenced
to imprisonment for not more than 30 days, provided that if any person
or persons shall permit a violation of this chapter to continue after
notice to desist, each additional violation shall be a separate offense.
[Amended 4-3-2018 by Ord.
No. 2018-03]
[Added 3-5-1996 by Ord. No. 1682]
Nothing in this chapter shall prohibit or make
unlawful the natural and usual noises associated with athletic events,
parades, or other such affairs open to the public, or affairs by which
a permit has been issued by the Borough to use public streets and/or
property.
