[HISTORY: Adopted by the Borough Council of the Borough of Pemberton
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 56.
[Adopted 12-19-1994 by Ord. No. 9-1994
(Ch. 55 of the 1975 Code)]
A.
The playing, using or operating or permitting to be played,
used or operated of any radio, television set, phonograph, musical instrument
or amplifier for such devices or any other machine or device for the producing
or reproducing of sound in such manner as to disturb the peace, quiet and
comfort of the neighboring inhabitants is prohibited.
B.
The playing, using or operating or permitting to be played,
used or operated of such devices at any time with a louder volume than is
necessary for the convenient hearing of the person or persons who are in the
room, dwelling or vehicle in which said machine or device is operated is prohibited.
C.
The operation of any radio, television set, phonograph,
musical instrument or such other device in such a manner as to be plainly
audible at a distance of 50 feet from the building, structure or vehicle in
which such device is located shall be prima facie evidence of a violation
of this section.
The sounding of any horn or signaling device on any automobile, motorcycle
or other vehicle on any public or private place in the Borough of Pemberton,
except as a danger warning or the sounding of a warning signal required by
emergency vehicles, is prohibited.
A.
The keeping or maintaining or permitting the keeping
or maintenance of any animal or bird, otherwise permitted to be kept on any
premises owned, occupied or controlled by such person, which by frequent or
habitual howling, barking, squawking or other noise disturbs the peace, quiet
and comfort of the neighborhood, is prohibited.
B.
For this section, the phrase "frequent or habitual" shall
mean at least two separate instances of the neighborhood's peace, quiet
and comfort being disturbed in one calendar week.
The yelling, shouting or screaming, singly or in a group, except in
the case of an emergency, on the public streets, roads, rights-of-way, fire
trails, open space or other Borough property in such a manner as to disturb
the peace, quiet and comfort of the neighborhood is prohibited.
Where the owner of the particular horn, radio, television set, loudspeaker,
animal, exhaust or other noise-creating device is unable to be determined
or located, it shall be presumed that the owner or tenant in possession or
other person having control of the property from where the noise emanated
has caused said noise or permitted or suffered it to be caused, and the owner
of said property shall be responsible for the violation.
The provisions of this article shall not apply to prohibit the playing
by a band or orchestra incident to a civic or community function, either in
a hall, building or in the open air, nor to prohibit the usual noises incident
to civic or community-sponsored functions, such as celebrations of public
events, fireworks and parades.
[Amended 2-21-2006 by Ord. No. 2006-2]
Any person, firm or corporation violating any provision of this article
shall, upon conviction, be subject to a fine not exceeding $1,250, a term
of imprisonment not exceeding 90 days or a period of community service not
exceeding 90 days, or any combination thereof.
[Adopted 5-15-2006 by Ord. No. 2006-10]
The use or operation of any mechanical exhaust device designed to
aid in the braking, decompression, or deceleration of any motor vehicle that
results in the excessive, loud, unusual, or explosive noise from such vehicle.
It shall be unlawful for the driver of any motor vehicle to use or operate
or cause to be used or operated, at any time and on any road within the Borough
of Pemberton, any mechanical exhaust or decompression device that results
in the practice known as "engine-braking."
The provisions of this article shall not apply to the application of
unmuffled compression brakes where necessary for the protection of persons
and/or property that cannot be avoided by application of an alternative braking
system. Noise caused by the application of engine-compression brakes, otherwise
known as "engine-braking" which is effectively muffled or if the application
is necessary for the health, safety and welfare of the community, is exempt
from the provisions of this article. Sounds created by emergency equipment
for emergency purposes are also exempt.
The Borough is hereby authorized to post at reasonable locations within
the Borough signs indicating the prohibition of engine-braking.
Upon an initial conviction of any violation of this article, such person
shall be punished by a fine of not more than $250 or by imprisonment for a
period not to exceed 30 days, or by such fine and imprisonment; and upon a
second conviction, such person shall be punished by a fine of not more than
$500 or by imprisonment for a period not to exceed three months, or by both
such fine and imprisonment; and upon the third or any subsequent conviction,
such person shall be punished by a fine of not more than $1,000 or by imprisonment
for a period not to exceed six months, or by both such fine and imprisonment.
