[HISTORY: Adopted by the Borough Council of the Borough of Norristown: Art. I, 4-6-1982 as Ch. 146 of the 1981 Code; Art. II, 4-6-1993 as Ord. No. 93-8. Amendments noted where applicable.]
[Adopted 4-6-1982 as Ch. 146 of the 1981 Code]
Advertisers, vendors, purchasers and deliverers of any article or product are forbidden, while traveling upon the streets of the borough, to advertise their businesses or their passage by outcry, bell-ringing, horn-blowing, radio, public-address system or any other noise.
Any person who shall use a motorcycle in such a manner that it is loud enough to cause complaints so as to disturb the peace of the community shall be in violation of this chapter.
Any person or persons, corporation, partnership or other entity whatsoever violating any of the provisions of this chapter shall, upon conviction, be sentenced to pay a fine not to exceed the maximum fine of three hundred dollars ($300.), plus costs of prosecution, and in default of payment of such costs of prosecution, shall be sentenced to imprisonment for a term not exceeding thirty (30) days; provided, however, that if the District Justice determines that the defendant is without the 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.
[Adopted 4-6-1993 as Ord. No. 93-8]
By establishment of this Article, the government of the Borough of Norristown declares that the use of loud sound amplification systems in motor vehicles presents a safety hazard to the citizens and motoring public of the Borough of Norristown and further finds that the use of loud sound amplification systems can prevent the operator of a motor vehicle from hearing approaching or overtaking emergency vehicles, can prevent the operator of a motor vehicle from hearing the sounds of pedestrian traffic and, furthermore, can distract a driver's attention from the safe operation of motor vehicles within the borough.
As used in this Article, the following terms shall have the meanings indicated:
- LOUD or PLAINLY AUDIBLE
- Any sound produced by a sound amplification system from within the vehicle, which can be heard at a distance of twenty-five (25) feet or more from the location of the vehicle. Measurement standards shall be by the auditory senses, based upon direct line of sight. Words or phrases need not be discernible and bass reverberations are included. The motor vehicle may be stopped, standing, parked or moving on a street, highway, alley, parking lot or driveway.
- MOTOR VEHICLE
- Includes motorcycles and all vehicles which must be licensed or registered under the Pennsylvania Motor Vehicle Code.
- SOUND AMPLIFICATION SYSTEM
- Any radio, tape player, compact disc player, loud speaker or other electronic device used for the amplification of sound.
Editor's Note: See 75 Pa.C.S.A. § 101 et seq.
No person operating, occupying or otherwise in physical possession or control of a motor vehicle on a street, highway, alley, parking lot or driveway shall operate or permit the operation of any sound amplification system from within the vehicle so that the sound is so loud or otherwise plainly audible at a distance of twenty-five (25) or more feet from the location of the vehicle.
It is an affirmative defense to a charge that the operation of the sound amplification system was being used for any of the following which may apply:
The system was being operated to request medical or vehicular assistance or to warn of a hazardous road condition.
The vehicle was an emergency or public safety vehicle.
The vehicle was owned and operated by the Borough of Norristown or a gas, electric, communications or refuse company and that the sound amplification system was being used in connection with official business.
The system was used for the purpose of giving instructions, directions, talks, addresses, lectures or transmitting music to any persons or assemblages of persons in compliance with ordinances of the Borough of Norristown.
The vehicle was used in authorized public activities, such as parades, fireworks, sports events, musical productions and other activities which have the prior approval of the borough.
Any person, individual, partnership, corporation or association who violates any of the provisions of this Article, upon conviction, shall be punished by a fine of not less than fifty dollars ($50.) nor more than three hundred dollars ($300.) or by imprisonment for not more than thirty (30) days, or by both fine and imprisonment. Each day any violation hereof is found to exist or continues to exist shall be a separate offense and punishable as such hereunder.