[HISTORY: Adopted by the Borough Council of the Borough of Danville 5-14-1975 by Ord. No. 253 (Ch. 86 of the 1975 Code). Amendments noted where applicable.]
It shall be unlawful for any person to make or continue, or cause to be made or continued, any loud, unnecessary or unusual noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others, or to create any unreasonably loud, disturbing and unnecessary noise of such character, intensity or duration as is detrimental to the life or health of any individual or persons within the limits of the Borough of Danville.
[Amended 7-14-1992 by Ord. No. 353; 4-10-2001 by Ord. No. 427]
The following acts are declared to be loud, disturbing and unnecessary noises in violation of this chapter, but such enumeration shall not be constructed to be a limitation or be deemed to be exclusive:
The use of a sound truck with sound amplification in operation.
The sounding of any horn or signaling devices on any vehicle except as a danger warning, or the sounding of any horn or signaling device for any unnecessary and unreasonable period of time in times of traffic holdups, or the use of any horn, whistle or other device operated by engine exhaust.
The playing of any radio, phonograph, television, musical instrument or other machine or device for the producing or reproducing of sound in such manner or volume as to unreasonably annoy or disturb others in the vicinity, particularly during the hours between 11:00 p.m. and 7:00 a.m.
The use or permission to use on the public streets of the Borough any loudspeaker, amplifier, radio, phonograph or other machine or device for the purpose of commercial advertising or attracting the attention of the public.
Yelling, shouting, hooting, whistling or singing in the public streets, particularly between the hours of 11:00 p.m. and 7:00 a.m., so as to annoy and disturb the quiet comfort or repose of persons in any office, dwelling, hotel or other type of residence, or of any persons in the vicinity.
The keeping of any animal or bird which causes frequent, long continued or disturbing noises.
For any person to suffer or permit any dog owned, kept, maintained or in the custody or control of such person to disturb the peace and quiet of the neighborhood by barking, howling, whining or making other loud or unusual noises. A presumption of disturbance of the peace and quiet of the neighborhood shall arise when barking, howling, whining or making other loud or unusual noises occurs between the hours of 9:00 p.m. and 7:00 a.m.
The blowing of any locomotive whistle or whistle attached to any stationary boiler, except to give notice of the time to begin or stop work or as a warning of distress, fire or danger or upon the request of proper Borough authorities.
The discharge into the open air of the exhaust of any steam engine, stationary internal-combustion engine, motor vehicle or motorboat engine, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
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.
The creation of a loud and excessive noise in connection with the loading or unloading of any vehicle or the opening and destruction of bales, boxes, crates and containers.
The erection (including excavation), demolition, alteration or repair of any building other than between the hours of 7:00 a.m. and 6:00 p.m. on weekdays, except in cases of urgent necessity in the interest of public health or safety; provided, however, that a permit therefor has been obtained from the Building Inspector. Such permit may be granted while the emergency continues for a period not to exceed three days, and may be renewed for a period of three days or less.
The creation of any excessive or disturbing noise on any street adjacent to any school, institution of learning, church or court, provided conspicuous signs are displayed in such streets indicating the proximity of such institutions.
The operation, between the hours of 6:00 p.m. and 7:00 a.m., of any pile driver, well driller, steam shovel, pneumatic hammer, derrick, steam or electric hoist or other appliances, the use of which is attended by loud or unusual noise.
The operation of any blower, fan or any internal-combustion engine resulting in noise from the explosion of operating gases or fluids, unless such blower, fan or engine is equipped with a sound-deadening muffler.
The use of any drum, loudspeaker, bell or other instrument to attract attention to any performance or any sale or display of merchandise.
In residential or commercial districts, when measured at a point 25 feet distant from an establishment wherein a noise originates, or at the lot line, whichever is closer, and in manufacturing districts, when measured at any point on the boundary of the nearest residential district:
The sound-pressure level radiated continuously from a facility between the hours of 11:00 p.m. and 7:00 a.m. shall not exceed the following in any octave band of frequency:
If the noise is not smooth and continuous and is not radiated at nighttime, one or more of the following corrections shall be added to or subtracted from each of the decibel levels given above:
The sound-pressure level shall be measured with a sound-level meter and an octave-band analyzer that conforms to the specifications published by the American Standards Association, New York, New York.
Nothing in this chapter shall be construed to apply to church bells or chimes.
Any person who shall violate any provisions of this chapter shall, upon conviction thereof, be punishable by a fine of not more than $600 and costs of such proceedings or, upon default of payment of such fines and costs, by imprisonment in the county jail for a term of not more than 30 days. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
[Added 4-10-2001 by Ord. No. 427]
It shall be the duty of the Danville Borough Police Department to enforce the terms of the chapter and secure compliance with the requirements thereof.