[HISTORY: Adopted by the City Council of the City of Pottsville 10-11-1988
as Ord. No. 397. Amendments noted where applicable.]
The following words, terms and phrases, when used in this chapter, shall
have the meanings ascribed to them in this section, except where the context
clearly indicates a different meaning.
Any sound which annoys or disturbs humans or which causes or tends
to cause an adverse psychological or physiological effect on humans.
Any sound which endangers or injures the safety or health of humans
or animals; or annoys or disturbs a reasonable person of normal sensitivities;
or endangers or injures personal or real property.
Any individual, association, partnership or corporation, and includes
any officer, employee, department, agency or instrumentality of a state or
any political subdivision of a state.
Any street, avenue, boulevard, highway, sidewalk, alley or similar
place which is owned or controlled by a governmental entity.
All land, whether publicly or privately owned, whether improved or
not improved, with or without structures, exclusive of any areas devoted to
public right-of-way.
An imaginary line along the ground surface, and its vertical extension,
which separates the real property owned by one person from that owned by another
person, but not including intra-building real property divisions.
Any day, Monday through Friday, which is not a legal holiday.
A.
Noise disturbance prohibited. No person shall make, continue
or cause to be made or continued any noise disturbance. Noncommercial public
speaking and public assembly activities conducted on any public space or public
right-of-way shall be exempt from the operation of this section.
B.
Specific prohibitions. The following acts and the causing
thereof are declared to be noise disturbances and therefore in violation of
this chapter:
(1)
Construction. Operating or permitting the operation of
any tools or equipment used in construction, drilling or demolition work between
the hours of 7:00 p.m. and 7:00 a.m. the following day on weekdays and Saturdays
or at any time on Sundays or holidays such that the sound therefrom creates
a noise disturbance across a residential real property boundary, except for
emergency work. This section shall not apply to the use of domestic power
tools.
(2)
Vehicle, motorboat or aircraft repairs and testing. Repairing,
rebuilding or testing any motor vehicle, motorcycle, motorboat or aircraft
in such a manner as to cause a noise disturbance across a residential real
property line.
Any person violating any of the provisions of this chapter shall be
fined not more than one thousand dollars ($1,000.) and, in default of payment
of fine and costs, be imprisoned not more than ninety (90) days.
