[Adopted 6-20-1977 by Ord. No. 499]
[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.
A. 
No person shall operate a sound truck or loudspeaker on the streets or in public places of the Township of Tinicum without first obtaining a permit therefor from the Commissioners of the Township of Tinicum. 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.
B. 
Every application for a permit shall be accompanied by a permit fee of $25. The application for such permit shall be filed in duplicate with the Secretary of the Township of Tinicum. The permit shall be limited in accordance with the information contained in such new application and shall set forth the following:
(1) 
Name and home address of the applicant.
(2) 
Business address of the applicant.
(3) 
Name and address of the owner of the sound truck.
(4) 
Make and license number of the sound truck.
(5) 
Name and address of the person operating the sound truck.
(6) 
Name and address of the person operating the sound equipment.
(7) 
The purpose for which the sound truck will be used.
(8) 
The proposed hours of operation of the sound truck.
(9) 
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.
C. 
After issuance of said permit, the Township of Tinicum 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 and permit shall, upon request, be promptly exhibited to any police officer of the Township of Tinicum.
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.