[HISTORY: Adopted by the Mayor and Council
of the Borough of Harrington Park 4-21-1969 by Ord. No. 230 (Ch.
26 of the 1967 Code). Amendments noted where applicable.]
It is found and declared that:
A.
The making, creation or maintenance of such loud,
unnecessary, unnatural or unusual noises which are prolonged, unusual
and unnatural in their time, place and use affects and is a detriment
to public health, comfort, morals, convenience, safety, welfare and
prosperity of the residents of the Borough of Harrington Park.
B.
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, morals, convenience, safety,
welfare and prosperity and the peace and quiet of the Borough of Harrington
Park and its inhabitants.
It shall be unlawful for any person to make,
continue, or cause to make or continue any loud, unnecessary, unnatural
or unusual noise or any noise which annoys, disturbs, injures or endangers
the comfort, repose, health, morals, peace or safety of others, within
the limits of the Borough.
The following acts, among others, are declared
to be loud, unnecessary, unnatural, unusual or disturbing noises in
violation of this chapter:
A.
Horns, signaling devices, etc. The sounding of any
horn or signaling device on any automobile, motorcycle, bus, truck
or other vehicle on any street or public place of the Borough, except
as a danger warning or for the normal celebrations for weddings, football
games and similar events; the creation by means of any 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.
B.
Radios, phonographs, etc. Using, operating, or permitting
to be played, used or operated any radio, television set, musical
instrument, phonograph or other machine or device for the production
or reproduction of sound in such manner as to disturb the peace, quiet
and comfort of the neighboring inhabitants or at any time with louder
volume than is necessary for convenient hearing for the person or
persons who are in the room, vehicle, chamber or yard in which such
machine or device is operated and who are voluntary listeners thereto.
The operation of any such set, instrument, phonograph, machine or
device between the hours of 10:00 p.m. Sunday through 8:00 a.m. Monday
morning, and the same thereafter on Tuesday, Wednesday and Thursday
and between 11:00 p.m. Friday and 8:00 a.m. Saturday and 11:00 p.m.
Saturday and 8:00 a.m. Sunday, in such a manner as to be plainly audible
at a distance of 50 feet from the building, structure, vehicle or
yard in which it is located, shall be prima facie evidence of a violation
of this section.
C.
Loudspeakers or amplifiers for advertising. Using,
operating, or permitting to be played, used or operated any radio,
television set, musical instrument, phonograph, loudspeaker, sound
amplifier or other machine or device for the production or reproduction
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.
D.
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.[1] or at any time or place so as to annoy or disturb the
quiet, comfort or peace of persons in any office or in any dwelling,
hotel or other type of residence, or of any person in the vicinity.
[1]
Editor's Note: Emphasis requested by Borough.
E.
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 person in the vicinity.
F.
Whistles. The blowing of any power-driven whistle,
except to give notice of the time to begin or stop work or as a warning
of fire or danger, or upon request of the proper Borough authority
or as may be required by general law or ordinance.
G.
Exhausts. The discharge into the open air of the exhaust
of any steam engine, stationary internal-combustion engine, motorboat
or motor vehicle, except through a muffler or other device which will
effectively prevent loud or explosive noises therefrom.
H.
Defect in vehicle or load. The use of any automobile,
motorcycle or vehicle so out of repair, so loaded or in such manner
as to create loud and unnecessary grating, grinding, rattling or other
noise.
I.
Construction, repairs, excavation, etc. The erection
(including excavating), demolition, alteration or repair of any building,
or the excavation of any street or highway, or the removal or trimming
of trees by the use of power equipment, other than between the hours
of 7:00 a.m. and 7:00 p.m.[2] on weekdays, except in case of urgent necessity in the
interest of public health and safety, and then only as determined
by the Mayor, Chief of Police or other delegated authority. Commercial
activities may be conducted only between the hours of 8:00 a.m. and 5:00 p.m. on Saturdays. Commercial
activities are strictly prohibited on Sundays, Memorial Day, Thanksgiving
Day, Christmas Day, and New Year's Day.[3]
J.
Schools, courts, churches and hospitals. The creation
of any excessive noise on any street adjacent to any school, institution
of learning or church, while the same is in use, or adjacent to any
hospital or nursing home, which unreasonably interferes with the workings
of such institution or which disturbs or unduly annoys patients in
the hospital or nursing home, provided that conspicuous signs are
displayed in such streets indicating that the same is a school or
hospital street.
K.
Hawkers and peddlers. Shouting and crying of peddlers,
hawkers and vendors which disturbs the peace and quiet of the neighborhood,
even though licensed according to law.
Nothing in this chapter shall be deemed to prohibit:
A.
The owner or occupant of a dwelling from mowing the
lawn or removing snow around such dwelling with power equipment at
a reasonable hour, or from making minor repairs necessary for normal
maintenance of such dwelling at any time, provided that the making
of such minor repairs is not accompanied by any loud, unnecessary
or unusual noise.
B.
Bells, chimes or music between the hours of 6:00 a.m.
and 9:30 p.m. from any church.
C.
Playing by a band or orchestra in a hall, nonresidential building or in the public parks for regular concerts or dances or other events consistent with Chapter 350, Zoning, or by virtue of special permission of the Mayor and Council of the Borough of Harrington Park.
D.
Parades approved by the Mayor and Council according
to law.
E.
The use of sound trucks or sound-amplification devices
by civic, charitable, religious, political and other nonprofit corporations
when approved according to law or by special permission of the Mayor
and Council, provided that no commercial or advertising material is
programmed, and provided further that the use of the sound truck is
limited to the hours and routes prescribed.
F.
Police, fire, ambulance, air raid or other sirens,
or signaling devices which may be operated by the Borough or civil
defense or other governmental authorities.
[Amended 4-18-2011 by Ord. No. 658]
Any person violating any of the provisions of this chapter shall, upon conviction for each and every violation thereof and for each and every day that such violation thereof continues, be punished as set forth in Chapter 164, Fines and Penalties.
