[HISTORY: Adopted by the Mayor and Council of the Borough of Palmyra as Art. I, Unnecessary Noise; Sound Equipment, 10-11-1994 by Ord. No. 1944-16 (Ch. 45 of the 1971 Code), and Art. II, General Regulations, 12-30-2002 by Ord. No. 2002-21; amended in its entirety 8-8-2005 by Ord. No. 2005-06. Subsequent amendments noted where applicable.]
The making, creating, or permitting of any noise of such character, intensity or duration as to be detrimental to the life, health, or welfare of any individual or which steadily or intermittently annoys, disturbs, injures or endangers the comfort, repose, peace, safety, or welfare of any individual is prohibited.
The following acts are declared to be in violation of this chapter, but such acts shall not be constructed to be a limitation or be deemed to be exclusive:
The erection, excavation, demolition, alteration or repair of any building between the hours of 7:00 a.m. and 6:00 p.m. (8:00 p.m. during daylight saving time) on weekdays, or between the hours of 8:00 a.m. and 6:00 p.m. (8:00 p.m. daylight saving time) on Saturdays, Sundays, or federal holidays is prohibited except in the case of an urgent necessity in the interest of the public health, safety or welfare, and then only with a permit from the governing body of the Borough.
Noise caused in the performance of emergency work for the immediate safety, health or welfare of the community or to restore property to a safe condition following a public calamity shall not be subject to the provisions of this chapter. Nothing in this section shall be construed to permit law enforcement, ambulance, fire or other emergency personnel to make excessive noise in the performance of their duties when such noise is clearly unnecessary. The use of stationary emergency signaling devices shall be for emergency and testing use only.
The prohibitions contained in this chapter shall not apply to persons who are engaged in:
Political activity by means of a sound truck or other amplifying device, within 14 days prior to a general primary or special election.
Any activity specifically permitted or required by an ordinance, resolution, statute or governmental regulation.
Any recreational activity organized or recognized by the Borough of Palmyra, in a location designated by the Borough of Palmyra for such activity.
The sounding of church bells for religious purposes.
In order to implement the purposes of this chapter, the Mayor and Council and/or Police Department of the Borough of Palmyra shall have the power to:
Conduct or cause to be conducted studies, research and monitoring related to noise.
Conduct programs of public education regarding the causes and effects of noise and to encourage the participation of public interest groups in related public information efforts.
For reasonable cause and upon presentation of proper credentials, enter any building, property, premises or place and inspect any noise source for the purpose of ascertaining the compliance or noncompliance with any provision of this chapter or have access to, and require the production of, books and papers pertinent to any matter under investigation.
Require the owner or operator of any noise source to establish and maintain records and make such reports as the Police Department may reasonably prescribe.
Require the owner or operator of any noise source to measure the noise emissions thereof in accordance with such methods and procedures and at such locations and times as the Police Department may reasonably prescribe.
Any person, as defined in this chapter, who shall be found guilty of violating any provision of this chapter shall, for each offense, be fined a sum of not more than $500 or be imprisoned for a period not exceeding 90 days, or both, in the discretion of the court hearing the complaint. Each day of such violation's continuance shall be considered a separate offense and shall be separately punishable.
The operation or maintenance of any noise source in violation of any provision of this chapter 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 or in any other manner available for the abatement of public nuisances.
Nothing in this chapter shall be construed to impair any cause of action, or legal remedy thereof, of any person for injury or damage arising from any violation of this chapter.
It shall be the duty and responsibility of the Police Department of the Borough of Palmyra to enforce the provisions of this chapter.
Violation of this chapter shall be cause for summons and complaint to be issued forthwith; provided, however, that if the noise source is not a motor vehicle moving on a public right-of-way, in lieu of a summons and complaint, enforcement personnel may issue a twenty-four-hour notice, in writing, which may be served personally or by certified mail to the last known address of the person or persons in charge of or in control of the device, building or premises to abate said violation of this chapter. Failure to comply with the order so issued and served shall constitute a violation of this chapter.