[HISTORY: Adopted by the Borough Council of the Borough of Irwin 12-11-1978 by Ord. No. 679 (Ch. 10, Part 1, of the 1993 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Abatement of nuisances — See Ch. 169, Art. I.
Zoning — See Ch. 260.
It is the intent, purpose and scope of this chapter to ensure that the life, health, welfare and public safety of the inhabitants of the Borough are not jeopardized by noises or sounds of such a volume or of such a nature as to cause annoyance to the inhabitants of the Borough thereby disturbing the peace of those inhabitants of the Borough.
It shall be unlawful for any person to make, produce or cause any sound or noise by his own conduct or action or by his/her operation of any piece of equipment, machinery, vehicle or other noise or sound-making device or instrument of such a high volume or of such a nature, or make such sound or noise during the hours between 10:00 p.m. and 7:00 a.m., as to cause annoyance to the inhabitants of the Borough.
As used in this chapter, the following terms shall have the meanings indicated:
KNOWINGLY
Having general knowledge of or reason to know or a belief or grounds for belief which warrants further inspection of the character, nature and level of the sound or noise which would cause annoyance to inhabitants of the Borough.
OFFENSIVE OR LOUD NOISE OR SOUND
The audible reaction or result caused by the conduct or action of a person, persons, machines, equipment, vehicles or any other thing, animal or device which causes a stimulation of the auditory receptors which annoys or disturbs an inhabitant of the Borough.
PERSON
Any natural person, partnership, firm or corporation.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Amended 7-7-1993 by Ord. No. 791]
Any person who shall violate any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine not exceeding $600 and costs and, in default of payment thereof, shall be subject to imprisonment for a term not to exceed 30 days. Each day that a violation of this chapter continues shall constitute a separate offense.
Each and every time where a person makes, produces or causes any sound or noise by his own conduct or action or by his/her operation of any piece of equipment, machinery, vehicle or other noise or sound-making device or instrument, at such a high volume, of such a nature, or makes such a sound or noise during the hours between 10:00 p.m. and 7:00 a.m., as to cause annoyance to the inhabitants of the Borough, the same shall be declared a public nuisance.
Any person responsible for creating or causing such an annoying noise or sound, and upon a complaint being received by the Borough Police Department, shall abate, suspend, alter or remove the annoying sound or noise promptly upon notice being received by the Borough Police Department.
If any person fails to abate the annoying sound or noise immediately after receiving proper notice from the Police Department, the said Police Department shall submit a report to the Borough Council.
A. 
Whenever a public nuisance exists in the Borough as herein defined, the Borough Council shall, by resolution, declare:
(1) 
Such public nuisance exists, setting forth the legal description or street address of the place where the public nuisance occurred.
(2) 
The name of the person causing the described public nuisance.
(3) 
The finding or facts which support the declaration of a public nuisance.
B. 
Upon enactment of the resolution declaring the existence of a public nuisance as aforesaid, the Borough Council shall order the person to abate such public nuisance within 24 hours of service of such order of abatement.
Upon a specific finding by resolution by the Borough of the existence of a public nuisance at a particular place, the Borough Solicitor shall, within 48 hours of service of said resolution and order of abatement upon persons responsible for the public nuisance, commence legal proceedings by the filing of an equitable action seeking the following relief:
A. 
A declaratory judgment that the noise or sound caused by the defendant is annoying to the public.
B. 
A declaratory judgment that the noise or sound described by the Borough Council is a public nuisance under this chapter and such resolution.
C. 
A mandatory injunction ordering abatement of said public nuisance.
D. 
All such other relief as the Court may deem just and proper.
A. 
The cost of abatement, upon judgment for the Borough in legal proceedings commenced by the Borough Solicitor pursuant to this chapter, shall include investigative costs, court costs, reasonable attorney's fees arising out of the preparation for and trial of the cause and appeals therefrom, and other costs allowed on appeal, printing costs of trial and appellate briefs, and all other papers filed in such proceedings.
B. 
Upon judgment for the Borough, costs of abatement are hereby made a special assessment against the parcel of land upon which such public nuisance is maintained. Upon its determination in an equity action, such shall, by separate legal proceeding, be made a lien against such property and a personal obligation against any person, persons, firm, association, partnership, corporation or other entity and shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the procedure and sale in the case of delinquency as provided for ordinary municipal taxes. All laws applicable at the levy, collection and enforcement of municipal taxes shall be applicable to such special assessment.