[Adopted 12-19-1994 by Ord. No. 9-1994
(Ch. 55 of the 1975 Code)]
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.
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]
ENGINE-BRAKING
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.