[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:
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.
Includes motorcycles and all vehicles which must be licensed
or registered under the Pennsylvania Motor Vehicle Code.[1]
Any radio, tape player, compact disc player, loud speaker
or other electronic device used for the amplification of sound.
[1]
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:
A.
The system was being operated to request medical or
vehicular assistance or to warn of a hazardous road condition.
B.
The vehicle was an emergency or public safety vehicle.
C.
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.
D.
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.
E.
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.
