[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:
A.
The use of a sound truck with sound amplification
in operation.
B.
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.
C.
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
10:00 p.m. and 7:00 a.m.
[Amended 11-9-2021 by Ord. No. 570]
D.
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.
E.
Yelling, shouting, hooting, using fireworks, whistling
or singing in the public streets, particularly between the hours of
10:00 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.
[Amended 11-9-2021 by Ord. No. 570]
F.
Animals.
(1)
The keeping of any animal or bird which causes frequent,
long continued or disturbing noises.
(2)
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.
G.
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.
H.
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.
I.
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.
J.
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.
K.
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.
L.
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.
M.
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.
N.
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.
O.
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:
A.
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:
|
Frequency Band
(cycles per second)
|
Sound Pressure Level
(in decibels re 0.0002 microbar)
| |
|---|---|---|
|
20 to 75
|
69
| |
|
75 to 150
|
54
| |
|
150 to 300
|
47
| |
|
300 to 600
|
41
| |
|
600 to 1,200
|
37
| |
|
1,200 to 2,400
|
34
| |
|
2,400 to 4,800
|
31
| |
|
4,800 to 9,600
|
28
|
B.
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:
|
Types of Operation or Character of Noise
|
Correction
(in decibels)
| |
|---|---|---|
|
Daytime operation only
|
+5
| |
|
Noise source operates less than 20% of the time
|
+5*
| |
|
Noise source operates less than 5% of the time
|
+10*
| |
|
Noise source operates less than 1% of the time
|
+15*
| |
|
Noise of impulsive character (hammering, etc.)
|
-5
| |
|
Noise of periodic character (hum, screech, etc.)
|
-5
|
|
* NOTE: Apply one of these corrections
only.
|
C.
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.
