The prohibitions contained in this article shall
not apply to persons:
A. Who are engaged in the performance of any public or
governmental function, such as the sounding of a church or school
bell or a police, fire, ambulance, air raid or like disaster warning,
alert or alarm, whether such alarm is for an actual emergency purpose
or for practice or drilling purposes.
B. Who are engaged in religious, charitable, recreational,
civic or political activity by means of a sound truck or other amplifying
device, for nonprofit purposes, provided that such persons shall have
first filed with the Mayor and Borough Council of the Borough of Wharton
an application for a permit setting forth the sponsorship, date, hours
and routes of such activity and the Mayor and Borough Council shall
have issued a permit after having ascertained that such activity is
not in conflict, in terms of hours, route, traffic volume and like
factors, with any other previously scheduled activity.
C. Who are engaged in any activity specifically permitted
or required by any ordinance, resolution, statute or governmental
regulation.
As an additional remedy, the maintenance or
operation of any device, instrument, vehicle or machinery in violation
of any provision hereof which causes discomfort or annoyance to reasonable
persons of normal sensitivity or which endangers the comfort, repose,
health, or peace of residents in the area shall be deemed and is declared
to be a public nuisance and may be subject to abatement summarily
by a restraining order or injunction issued by a court of competent
jurisdiction.
Violation of any of the provisions of this article shall be punishable as provided in Chapter
1, General Provisions, Article
I, General Penalty.