Without limitation as to the type of noise-producing
acts which are in violation of this chapter, noise produced by the
following acts is to be declared to be loud, disturbing, and unnecessary
noise in violation of this chapter.
A. Radios and other amplified music. Use or operation
of, or permitting the use of operation of, any radio, CD player, television
set, musical instrument, stereo (phonograph), or other machine or
device designated or intended to produce or reproduce sound in such
a manner which may reasonably be anticipated to disturb the peace,
quiet, comfort, health or safety of residential inhabitants or at
any time with louder volume than is necessary for convenient hearing
by the person or persons who are in the room, vehicle or chamber in
which such machine or device is operating and who are voluntary listeners
thereto. The operating of any such machine or device in such manner
as to be plainly audible at a distance of 50 feet from the source
shall be prima facie evidence of a violation of this chapter.
[Amended 12-6-2007 by Ord. No. 1055]
B. Exemptions.
(1) Amplified announcements electronically amplified at
athletic events.
(2) Concerts, band concerts, block parties, licensed carnivals,
or other performances or similar activities publicly or privately
sponsored and presented in any public or private space outdoors, provided
that such activities do not occur between the hours of 10:00 p.m.
and 7:00 a.m.
(3) School and public activities.
(4) Sound from bells or whistles, which are used for public
or private entertainment or notice, such as but not limited to shop
whistles or carillons.
(5) Other temporary exemptions that may be approved by
Borough Council from time to time.
Any person, firm or corporation violating any
provision of this chapter shall, upon conviction, be sentenced to
pay a fine of not less than $100 and not more than the maximum fine
permitted for a summary offense, plus costs of prosecution and, in
default of payment of such fine and costs, to imprisonment for not
more than 10 days. A separate offense shall be deemed committed on
each day during which a violation occurs or continues.