[HISTORY: Adopted by the Borough Council of the Borough of Homestead 9-13-1994 by Ord. No. 1061. 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, 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 Borough of Homestead 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 Borough or any member thereof.
No person shall operate or cause to be operated, any audio amplification or reproduction device, including but not limited to an oversized hand-carried radio, cassette, compact disc player, or one that is installed in or audio powered by a vehicle, on a Borough street or sidewalk, in a Borough park, on a public conveyance or on any other public property which generates an A-weighted sound level in excess of 85 dB(a) in a residential area measured at, or adjusted to, a distance of 50 feet from the source. This Subsection A shall not apply to audio amplification devices used for open air musical concerts or any other private or public event.
No person shall operate, or cause to be operated, any audio amplification system used for an open-air musical concert or any other event, public or private, which generates an A-weighted sound level in excess of 85 dB(a) in a residential area measured at, or adjusted to, a distance of 100 feet beyond the boundary of the property in which the audio amplification or reproduction system is located.
A person operating an audio amplification or reproduction device shall be exempt from this section provided that:
The device is being operated to request assistance or warn of a hazardous situation; or
The device is an authorized emergency vehicle or a vehicle operated by gas, electric, communications or water utility; or
The device is being used in connection with a parade, political activity, amusement activity or community event that is being conducted under any permit issued by the Borough of Homestead; provided that the recommended sound level in this subsection is not exceeded between the hours of 11:00 p.m. and 7:00 a.m.
No person shall operate a sound truck or loud speaker on the streets or public places of the Borough of Homestead without first obtaining a permit therefor from the Council of the Borough of Homestead. Such permit shall be for a period of one day only. 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 of $5.
The application for such permit shall be filed in duplicate with the Secretary of the Borough, and the permit issued shall be limited in accordance with the information contained in such application and 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 said permit, the Borough Secretary 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 that the sound amplifying equipment is in operation. Such certified application permit shall, upon request, be promptly exhibited to any police officer of the Borough of Homestead.
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 when 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.
Any person, persons, firms or corporations who shall violate any of the provisions of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not less than $100 nor more than $1,000, plus costs, and, in default of the payment of such fine and costs, to undergo imprisonment in the county jail for a period of not less than 30 days nor more than 90 days. Each violation of any of the provisions of this chapter shall be deemed to be a separate and distinct offense.