[HISTORY: Adopted by the Borough Council of the Borough of East Greenville as indicated in article histories. Amendments noted where applicable.]
Article I Noise
[Adopted 3-1-2010 by Ord. No. 2010-03]
The creation within the Borough of East Greenville of any unnecessary or excessive noise or of any noise of such character, intensity or duration as to be detrimental to the health or life of any individual or in the disturbance of the public peace and welfare or the aiding and abetting in the creation of any such noise to continue is hereby prohibited and defined as disorderly conduct.
Prohibited noise, within the meaning of this article, is hereby defined to include the following:
For any person at any time to use a horn or other warning device otherwise than as a reasonable warning, or to make any unnecessary or unreasonable loud or harsh sound by means of a horn or other warning device.
The playing of any radio, phonograph or any musical instrument in such a manner or with such volume as to annoy or disturb the quiet, comfort or repose of persons in any office, hospital or any dwelling, hotel or other type of residence or of any persons in the vicinity thereof.
Yelling, shouting, hooting, whistling or singing on the public streets and/or public property so as to annoy or disturb the quiet, comfort or repose of any persons in any hospital, dwelling, hotel or other type of residence or of any persons in the vicinity thereof.
Permitting any animal, bird or fowl in one's possession or under one's control to make any frequent or long continued noise of such character or intensity as to disturb the comfort or repose of any person.
The blowing of any steam whistle attached to any stationary boiler, except to give notice of the time to begin or stop work or as a warning of fire or danger.
The erection (including excavating), demolition, alteration or repair of any building in any residential district or section, the excavation of streets or highways in any residential district or section other than between the hours of 7:00 a.m. and 10:00 p.m. on Monday through Saturday, except in the case of urgent necessity in the interest of public health and safety, and then only with a permit from the Borough Secretary, which permit may be granted for a period not to exceed 30 days while the emergency continues. If the Borough Council should determine that the public health and safety will not be impaired by the erection, demolition, alteration or repair of any building or the excavation of streets and highways between the hours of 10:00 p.m. and 7:00 a.m., and if they shall further determine that loss or inconvenience would result to any party in interest, they may grant permission for such work to be done between the hours of 10:00 p.m. and 7:00 a.m., upon application being made at the time the permit for the work is awarded or during the progress of the work.
The creation of any excessive noise on any street adjacent to any school, institution of learning, church or court, while the same are in session, which unreasonably interferes with the workings of sessions thereof and the making of any other noise so as to annoy the users and/or occupants of such places or buildings as are herein defined.
The use of any drum, loud speaker or other instrument or device for the purpose of attracting attention to the sale or display of merchandise of a commercial character.
Refuse-compacting vehicles. Operating of or permitting to be operated the compact cycle of the motor vehicle which can compact refuse between the hours of 6:00 p.m. and 6:00 a.m. the following day in residential areas.
For any person or persons to make any unreasonable noise continuously and/or incessantly for a period in excess of 10 minutes, or make such noise intermittently for 30 minutes or more which results in a disturbance to any person at any time of the day or night, regardless of whether the noise disturbance is physically situated in or upon private property.
None of the terms or prohibitions hereof shall apply to or be enforced against:
Any vehicle or personnel of the Borough while engaged upon necessary public business, and/or emergency vehicles such as police, ambulance and fire companies.
Excavations or repairs of bridges, streets or highways by or on behalf of the Borough during the nighttime, when the public welfare and convenience renders it impossible to perform such work during the daytime.
Parades with band music on holidays or by civic organizations or by the public schools or divisions of the public schools.
School sports events which may or may not be accompanied by cheering and/or music.
The reasonable use of amplifiers or loud speakers in the course of public addresses which are noncommercial in character.
Fireworks exhibits held under permit by the Borough.
Any person who shall violate any provision of this chapter shall, upon conviction thereof, be punishable by a fine of not more than $300 and costs of such proceedings or, upon default of payment of such fine and costs, by imprisonment in the county jail for a term of not more than 30 days; provided, however, that if the District Justice determines that the defendant is without financial means to pay the fines and costs immediately or in a single remittance, such defendant shall be permitted to pay the fines or costs in installments and over such periods of time as the District Justice deems to be just.