The making of unnecessary, unusual or excessive
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 is declared to be a public nuisance. Enumeration
of the particular offenses hereinafter particularly defined shall
not be construed as limiting the generality of this section or limiting
the offenses hereunder to particular offenses hereinafter enumerated.
No person shall use, operate or permit to be
played, used or operated any radio receiving set, musical instrument,
phonograph or other machine or device for the producing or reproducing
of sound in such a manner as to disturb the peace, quiet and comfort
of the neighboring inhabitants or the public at any time with louder
volume than is necessary for the convenient hearing of persons who
are in the room, vehicle or chamber in which such machine or device
is operated and who are voluntary listeners thereto, and such activity
is hereby declared to be a nuisance.
In addition to the foregoing provisions, the
following specific acts shall be defined as and held to be creating
excessive noise and punishable as such:
A. Loud playing of radios, television sets, amplifiers
and sound devices so as to be heard beyond the premises.
B. The operation of motor vehicles, motorcycles, motorbikes,
scooters and go-carts which are not adequately and properly equipped
with mufflers in operating condition or the operation of the same
so as to cause unnecessary noise or racing the same or operating the
same in a reckless and dangerous manner. No gasoline-powered lawn
mower or gasoline-powered chain saw shall be operated on any day before
8:00 a.m. and on Sunday before 9:00 a.m.
C. The keeping or harboring of any dog or other animal
or fowl which by frequent howling or barking or other noise shall
annoy or disturb the neighborhood or a number of persons.
D. Noise made in order to promote the sale or promotion
of any goods, wares, merchandise or services or, in connection with
any trade or business, the operation from any vehicle or on any street
of any horn, bell, chimes, loudspeaker or any other sound device.
Whoever violates any provision of this article
shall be fined not more than $1,000. Each day a violation takes place
shall be deemed a separate offense.