[HISTORY: Adopted by the Borough Council of the Borough of Indiana 11-7-1967 by Ord. No. 881 (Ch. VI, Part 1, Secs. 12 to 16, of the 1971 Code of Ordinances). Amendments noted where applicable.]
The Borough Council of the Borough of Indiana, Pennsylvania, hereby finds and declares that:
The making and creation of loud, unnecessary or unusual noises within the limits of the Borough of Indiana is a condition which has existed for some time and the extent and volume of such noise is increasing.
The making, creating or maintenance of such loud, unnecessary and unnatural or unusual noises which are prolonged, unusual or unnatural in their time, place and use affect and are detrimental to public health.
The necessity in the public interest for the provisions and prohibitions hereinafter contained and enacted is declared as a matter of legislative determination and public policy, and it is further declared that the provisions and prohibitions hereinafter contained and enacted are in pursuance of and for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare and prosperity and the peace and quiet of the Borough of Indiana and its inhabitants.
It shall be unlawful for any person to make, continue or cause to be made or continued any loud, unnecessary or unusual noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others within the limits of the Borough.
The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this chapter, but said enumeration shall not be deemed to be exclusive; namely:
Horns, signaling devices, etc. The sounding of any horn or signaling device on any motor vehicle, motorcycle, locomotive or other means of conveyance within the limits of the Borough, except as a danger warning; the creation by means of such signaling device of any unreasonably loud or harsh sound; and the sounding of any such device for an unnecessary and unreasonable period of time. The use of any signaling device except one operated by hand or by electricity; the use of any horn, whistle or other device operated by engine exhaust; and the use of any signaling device when traffic is for any reason held up.
Racing motors. The unnecessary or unnatural acceleration, deceleration or racing of motors in motor vehicles, whether in motion or at rest, within the limits of said Borough.
Exhausts. The discharge upon the open air of the exhaust of any steam or diesel locomotive, stationary internal combustion engine, motor boat or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
Defect in vehicle or load. The use of any motor vehicle, motorcycle or other piece of machinery or equipment so out of repair or so loaded or in such a manner as to create loud and unnecessary grating, grinding, rattling or other noise.
Radios, phonographs, etc. The using, operating, playing, or permitting to be played, used or operated any radio receiving sets, musical instruments, sound amplifiers, phonographs, or other machines or devices for the production or reproduction of sound in such a manner as to disturb the peace, quiet, comfort and repose of the neighboring inhabitants at any time with a louder volume than is necessary for convenient hearing for the person or persons who are voluntary listeners thereto. The operation of any such set instrument, phonograph, machine, or device in such a manner as to be plainly audible at a distance of 50 feet from the building, structure, or vehicle in which it is located shall be a violation of this section.
[Amended 3-5-1996 by Ord. No. 1682]
Loud speakers, amplifiers for advertising. The using, operating or permitting to be played, used or operated of any radio receiving set, musical instrument, phonograph, loud speaker, sound amplifier or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure.
Yelling, shouting, etc. Yelling, shouting, hooting, whistling or singing on the public streets, particularly between the hours of 11:00 p.m. and 7:00 a.m. or at any time or place so as to annoy or disturb the quiet, comfort or repose of persons in any school, church or office, or in any dwelling, hotel or other type of residence, or of any persons in the vicinity.
Animals, birds, etc. The keeping of any animal or bird, which by causing frequent or long continued noise, shall disturb the comfort or repose of any persons in the vicinity.
Loading, unloading, opening boxes. The creating of a loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and containers.
Construction or repair of buildings, lands and streets. The erection (including excavating), demolition, alteration, or repair of any streets, highways, lands, and buildings shall be permitted within the Borough only between the hours of 7:00 a.m. and 8:00 p.m., Monday through Saturday. Only owners and residents shall have the right to repair their own properties on Sunday and only between the hours of 1:00 p.m. and 7:00 p.m. Such activities may be engaged in at other hours if necessitated by concerns for public health and safety and then only with the permit issued by the Borough Manager or his designee, which permit shall be granted for a period not to exceed three days or less while the emergency continues and the permit may be renewed for periods of three days or less while the emergency continues. The Borough Manager or his designee in order to grant such permit, the Borough Manager or his designee must determine that the public health and safety will not be impaired by the granting of the permit.
[Amended 8-2-1994 by Ord. No. 1633; 4-6-2010 by Ord. No. 2010-02]
Hawkers, peddlers. The shouting and crying of peddlers, hawkers and vendors which disturb the peace and quiet of the neighborhood.
Railway, operation thereof. The causing, permitting or continuing any excessive, unnecessary and avoidable noise in the operation of any railway locomotive or railway car or train of cars.
Amplified noises. To create or cause to be created amplified noise that can be heard by persons of normal hearing acuity within 50 feet of any boundary of the property on which the noise is originating. Amplified noise shall be considered any sound increased in volume by electronic means so as to be discernible more than 50 feet from the edge of the property on which the electronic amplification is located.
[Added 3-5-1996 by Ord. No. 1682]
[Amended 6-8-1971 by Ord. No. 1017; 3-5-1996 by Ord. No. 1682; 9-2-2014 by Ord. No. 2014-03]
The Borough Council, or any officer or employee designated thereby for the purpose, is authorized to enforce this chapter.
Any person, persons, firm or corporation who shall violate any provisions of this chapter between the hours of 10:00 p.m. and 7:00 a.m. shall, upon conviction thereof, be sentenced to pay a fine of not less than $300 for the first offense, a fine of not less than $500 for the second or subsequent offense, together with costs of prosecution. In default of payment of such fine and costs, such person shall be sentenced to imprisonment for not more than 30 days, provided that if any person or persons shall permit a violation of this chapter to continue after notice to desist, each additional violation shall be a separate offense.
[Amended 4-3-2018 by Ord. No. 2018-03]
[Added 3-5-1996 by Ord. No. 1682]
Nothing in this chapter shall prohibit or make unlawful the natural and usual noises associated with athletic events, parades, or other such affairs open to the public, or affairs by which a permit has been issued by the Borough to use public streets and/or property.