[Amended 6-15-2009 by Ord. No. 835]
It shall hereby be 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 or motor vehicle
owned, occupied or controlled by him or it or upon any public street,
alley or thoroughfare, in the Township of Tinicum 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 number thereof.
[Amended 6-15-2009 by Ord. No. 835]
A. Sound reproduction devices restricted. No person, persons,
firm or corporation shall play, use, 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.
B. Restrictions on noise from motor vehicles. No person shall
play, use, operate or permit to be played, used or operated any radio,
tape player, CD player, tape recorder, machine or other audio device
that produces sound if it is located in or on any motor vehicle on
a public street or highway, in a public space, in a public park or
in a public vehicular area (parking lot); and at the same time the
sound generated from said device which is not measured and regulated
by decibels so that the sound coming from such machine or device can
be audibly heard at a distance greater than 100 feet from the motor
vehicle in or on which the machine or audio device is located. It
shall be prima facie evidence that the person that owns the motor
vehicle or the person operating or controlling the motor vehicle,
from which sound is generated from a machine or audio device and said
sound can be audibly heard at a distance greater than 100 feet from
the motor vehicle, is the person playing, using, or operating the
machine or audio device.
C. Restrictions on vibrations or percussions from motor vehicles.
No person shall play, use, operate or permit to be played, used or
operated any radio, tape player, CD player, tape recorder, machine
or other audio device that produces sound if it is located in or on
any motor vehicle on a public street or highway, in a public space,
in a public park or in a public vehicular area (parking lot); and
at the same time the sound generated from said device causes vibration
or percussion that can be felt outside of the motor vehicle. It shall
be prima facie evidence that the person that owns a motor vehicle
or the person operating or controlling the motor vehicle, from which
said machine or audio device causes vibration or percussions which
can be felt within five feet or more, is the person playing, using,
or operating the machine or audio device.
D. Exceptions. Exceptions from this article are the following:
(1) All sounds that are generated from any municipal, county,
state or federal governmental vehicle from audio devices intended
for two-way communication.
(2) All devices used by authorized municipal, county, state
or federal police, fire or other emergency vehicles.
(3) All sounds that are generated from any authorized utility,
service, repair or towing vehicle from audio devices intended for
two-way communication when said vehicles are actively being used to
perform a service or repair function.
(4) All sounds generated from any horns or beepers or other
warning devices required by state or federal law to be on or part
of any motor vehicle.
(5) All sounds generated by audio devices in or on vehicles
that are taking part in an authorized parade permitted by Tinicum
Township.
No permit so issued may be used for such sound-amplifying
equipment 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 10-16-2000 Ord. No. 738; 6-15-2009 by Ord. No. 835]
Any person,
persons, firm, or corporation who shall violate any of the provisions
of this article shall, upon conviction, be punished by a fine of not
less than $50 nor more than $300, and in default of payment of such
fines and costs, to undergo imprisonment for a period of not less
than 30 days nor more than 90 days. Each violation of any provisions
of this article shall be deemed to be a separate and distinct offense.