[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.]
A.
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.
B.
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:
(1)
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:
A.
Political activity by means of a sound truck or other
amplifying device, within 14 days prior to a general primary or special
election.
B.
Any activity specifically permitted or required by
an ordinance, resolution, statute or governmental regulation.
C.
Any recreational activity organized or recognized
by the Borough of Palmyra, in a location designated by the Borough
of Palmyra for such activity.
D.
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:
A.
Conduct or cause to be conducted studies, research
and monitoring related to noise.
B.
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.
C.
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.
D.
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.
E.
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.
A.
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.
B.
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.
A.
It shall be the duty and responsibility of the Police
Department of the Borough of Palmyra to enforce the provisions of
this chapter.
B.
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.
