[HISTORY: Adopted by the Board of Commissioners of the Township of Swatara 5-14-1980 by Ord. No. 1980-8 (Ch. 6, Part 6, of the 1990 Code). Amendments noted where applicable.]
It is hereby declared to be a nuisance and it shall be unlawful for any person, firm, or corporation to make or cause or suffer or permit to be made or caused, upon any premises owned, occupied or controlled by him or it or upon any public street, alley or thoroughfare in the Township of Swatara, any unnecessary noises or sounds by means of the human voice or by any other means or methods which are physically annoying to the comfort of any person or which are so harsh or so prolonged or unnatural or unusual in their use, time and place as to occasion physical discomfort, or which are injurious to the lives, health, peace, and comfort of the inhabitants of said Township or any member thereof.
No person, persons, firm, or corporation shall play, use, or operate or knowingly permit to be played, used, or operated any radio receiving set, musical instrument, phonograph, sound amplifier, loudspeaker, or other machine, or device for the reproduction of sound upon property (real or personal) or premises owned, occupied, or used by him, them, or it, which is not measured and regulated by decibels, so that the sound coming from such machine can be audibly heard at a distance greater than 100 feet from the property or premises wherein such machine or device is located. Nothing herein contained shall be construed to prohibit the playing of a band or orchestra in any concert hall, auditorium, or public park, nor the utilization of such sound-producing devices by charitable or nonprofit groups for the general purpose of public announcements or public events.
No person shall operate a sound truck or loudspeaker on the streets or public places of the Township of Swatara without first obtaining a permit therefor from the Code Enforcement Officer. Such permit shall not be transferable from person to person or from sound truck to sound truck and may not be extended as to the date it shall be used, nor shall any permit for the operation of such sound truck be issued for use earlier than 8:00 a.m. or later than 9:00 p.m. of the prevailing local time. Every application for a permit shall be accompanied by a permit fee as determined by the Board of Commissioners of Swatara Township pursuant to resolution and no such permit shall be issued until the prescribed fee shall have been paid.
The application for such permit shall be filled in duplicate with the Code Enforcement Officer, and the permit issued shall be limited in accordance with the information contained in such application, which shall set forth the following:
Name and home address of the applicant.
Business address of applicant.
Name and address of owner of sound truck.
Make and license number of sound truck.
Name and address of person operating sound truck.
Name and address of person operating sound equipment.
The purpose for which sound truck will be used.
The proposed hours of operation of sound truck.
A certificate from an engineer that such amplifying machine is so equipped and regulated by decibels that the sound coming from such machine cannot be audibly heard at a distance greater than 100 feet from the sound truck or amplifying machine.
After the issuance of the said permit, the Code Enforcement Officer shall return one certified copy of the application to the permittee, together with the permit, which must be in the possession of the operator of the sound truck during such time as the sound-amplifying equipment is in operation. Such certified application and permit shall, upon request, be promptly exhibited to any police officer of the Township of Swatara.
No permit, so issued, may be used which attracts the attention of motorists or pedestrians, causing the blocking of streets and thereby creating a traffic congestion and hazard.
It shall be unlawful for any person, firm, or corporation to sound any horn or warning device on any automobile, motorcycle, bus, or other vehicle except when required by law or to give timely warning of impending danger to persons driving other vehicles or to persons upon the street. No person shall sound any horn or warning device on any automobile, motorcycle, bus, or other vehicle which shall emit an unreasonably loud or harsh sound or for any unnecessary or unreasonable period of time.
[Amended 4-11-1990 by Ord. No. 1990-1]
Any person, persons, firm or corporation who shall violate any of the provisions of this chapter shall, upon conviction thereof, be punishable by a fine of not less than $50 nor more than $600, and/or to imprisonment for a term not to exceed 30 days, which fines and penalties may be collected by suit brought in the name of the Township before any Magisterial District Judge in the like manner as debts of like amount may be sued for by existing laws. Every day that a violation of this chapter continues shall constitute a separate offense.
Each violation of any of the provisions of this chapter shall be deemed to be a separate and distinct offense.