[Adopted 5-13-1970 as Sec. 4-4 of the 1970 Revised General Ordinances (Ch.
231 of the 1992 Code); amended in its entirety at time of adoption
of Code (see Ch. 1, General Provisions, Art. I)]
It shall be unlawful for a person to make, continue
or cause to be made or continued any loud, unnecessary or unusual
noise or any noise which does or is likely to annoy, disturb, injure
or endanger the comfort, repose, health, peace or safety of others.
Without intending to limit the generality of § 268-1, the following acts are hereby directed to be examples of loud, disturbing and unnecessary noise in violation of this article:
A.
Radios; televisions; phonographs. The playing, use
or operation of any radio receiving set, television, musical instrument,
phonograph or other machine or device for the producing or reproducing
of sound in such manner as to disturb the peace, quiet and comfort
of neighboring inhabitants or with louder volume than is necessary
for convenient hearing for persons who are in the room, vehicle or
chamber in which the machine or device is operated and who are voluntary
listeners. The operation of such a set, instrument, phonograph, machine
or device so that it is clearly audible at a distance of 100 feet
from the building, structure or vehicle in which it is located shall
be prima facie evidence of a violation of this subsection.
B.
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, which annoys or
disturbs the quiet, comfort or repose of persons in any office, dwelling,
hotel, motel or other type of residence or of any persons in the vicinity.
Yelling, shouting, hooting, whistling or singing that is clearly audible
at a distance of 100 feet from the person making the noise shall be
prima facie evidence of a violation of this subsection.
C.
Animals; birds. The keeping of animals or birds which,
by causing frequent or long-continued noise, disturbs the comfort
or repose of any person in the vicinity. Noise from an animal or bird
that is clearly audible at a distance of 100 feet from the animal
or bird making the noise shall be prima facie evidence of a violation
of this subsection.
D.
Horns. The sounding of a horn or warning device on
an automobile, motorcycle, bus or other vehicle except when required
by law, or when necessary to give timely warning of the approach of
the vehicle, or as a warning of impending danger to persons driving
other vehicles or to persons on the street. No person shall sound
a horn or warning device on an automobile, motorcycle, bus or other
vehicle which emits an unreasonably loud or harsh sound or for an
unnecessary or unreasonable amount of time.
The Construction Code Official or his authorized
representative and the Wallington Borough Police Department are hereby
authorized to enforce the provisions of this article.
Any person failing to comply with any of the provisions of this article shall, upon conviction thereof, be punishable as provided in Chapter 1, Article II, General Penalty, of the Code of the Borough. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
