[Ord. 1995-8, 12/13/1995, § 1]
It is the purpose and scope of this Part to secure and promote
the public health, comfort, convenience, safety and welfare, and the
peace and quiet of the Township and its inhabitants, by limiting and
prohibiting certain offensive and annoying noises.
[Ord. 1995-8, 12/13/1995, § 2]
This Part shall apply to:
A.
All types of vehicles, appliances, equipment, containers, machinery
or other devices or objects creating noises, whether privately or
publicly owned or leased, which disturb the public peace and quiet
in the area.
B.
Sounds or noises of any time duration, as hereinafter specified.
C.
Both the owner or owners, operator or operators, lessee or lessees
of vehicles, appliances, equipment, containers, machinery, or other
devices or objects creating noises and/or of the real estate where
such noises are being created.
[Ord. 1995-8, 12/13/1995, § 3]
The following devices are exempt from the provisions of these
regulations:
A.
Aircraft (except model aircraft).
B.
Police, fire, ambulance and other governmental emergency vehicles.
C.
Back up alarm devices on trucks and other equipment when installed
and operated in accordance with Society of Engineers recommended practice.
D.
Governmental warning devices (i.e. civil defense or fire sirens,
etc.).
E.
Snowblowers.
[Ord. 1995-8, 12/13/1995, § 4]
APPLIANCE — Any device or combination of devices
used, or capable of being used, as a means of accomplishing a desired
end, such as, but not limited to, a window air conditioning unit,
a radio, a stereo.
Any device or combination of devices to accomplish a desired
end such as, but not limited to, a chain saw, bulldozer, backhoe,
hammer, power saw, lawn mower, radio, stereo equipment, C.D. player.
Any sound emitted by a person, animal, vehicle, appliance,
equipment, container, machinery or other devices or objects creating
noises, and its environmental interaction.
Any person appointed by the Township of Kingston with the
responsibility of enforcing Township ordinances including, but not
limited to, the Police Department and Zoning/Code Enforcement Officer
of the Township of Kingston.
Individuals, partnerships, associations, corporations, businesses,
churches, schools, nonprofit organizations including their lessees,
assignees, employees, servants, trustees, receivers, executors, administrators
or other successors in interest, and including any owner or operator
of vehicles, appliances, machinery, equipment, containers or devices,
and the owners and lessees of real estate, where such vehicle, appliance,
machinery, equipment, container or device is located.
Any device or combination of devices used for, or capable
of being used for, transporting persons or property. "Vehicles" include,
but are not limited to, the following: automobiles, trucks, buses,
motorcycles, motorized bicycles, snowmobiles, scooters, all-terrain
vehicles, go-carts, racers and like devices, farm graders and semitrailers
and tractor trailers.
[Ord. 1995-8, 12/13/1995, § 5]
It shall be unlawful for any person to make, continue to cause
to be made or continue any loud, unnecessary, excessive or unusual
noise which either annoys, disturbs, injures, interferes with or endangers
the comfort, repose, health, peace or safety of others, within the
limits of the Township, or is annoying to a person of ordinary sensibilities
as hereinafter set forth.
[Ord. 1995-8, 12/13/1995, § 6]
The following acts, among others, are declared to be loud, excessive,
disturbing and unnecessary noises in violation of this Part and are
prohibited, but such enumeration shall not be deemed exclusive, namely:
A.
Horns and Signaling Devices, Etc. The sound of any horn or signaling
device on any vehicle, within the limits of the Township, except as
a danger warning; the creation, by means of horns or such signaling
device, of any unreasonably loud, excessive, disturbing, unnecessary
or harsh sound and the sounding of any such device for any unnecessary
and unreasonable period of time; the use of any signaling device or
horn except one operated by hand or by electricity; the use of any
horn, whistle or other device operated by engine exhaust; and the
unreasonable use of any horn or signaling device when traffic is,
for any reason, held up.
B.
Racing Motors. The unnecessary or excessive or unnatural acceleration,
deceleration or racing of motors in vehicles, whether in motion or
at rest, within the limits of the Township.
C.
Exhausts. The discharge into the open air of the exhaust of any stationary
internal combustion engine or vehicle, except through a muffler or
other device which will effectively prevent loud or explosive noises
therefrom.
D.
Defect in Vehicle or Load. The use of any vehicle or other piece
of machinery, equipment, appliance, container or device so out of
repair, or so loaded or in such manner as to create loud or unnecessary
or excessive grating, rattling or other noise.
E.
Sound Equipment. The using, operating or permitting to be played,
used or operated, of any radio receiving sets, musical instruments,
sound amplifiers, phonographs, radios, stereos, tape players, compact
disc players, car or vehicle radios or stereos, or other machines
or devices for the producing or reproducing of sound in such a manner
as to disturb the peace, quiet, comfort and repose of the neighboring
inhabitants, or at any time with louder volume than necessary for
convenient hearing for the person or persons who are in the room,
vehicle or chamber in which such machine or device is operated and
who are voluntary listeners thereof. The operation of any such set,
instrument, machine or device between the hours of 11:00 p.m. and
8:00 a.m. in such a manner as to be plainly audible at a distance
of 50 feet from the building, structure or vehicle in which it is
located shall be prohibited and shall be prima facie evidence of a
violation of this Section.
F.
Loudspeakers and Amplifiers for Advertising. The using, operating
or permitting to be played, used or operated of any radio receiving
set, musical instrument, phonograph, loudspeaker, sound amplifier
or other machine or device for the producing or reproducing of sound
which is cast upon the public street for the purpose of commercial
advertising or attracting the attention of the public to any building
or structure.
G.
Yelling and Shouting, Etc. Yelling, shouting, hooting, whistling
or singing on the public street or public property, particularly between
the hours of 11:00 p.m. and 8:00 a.m., or at any time or place, including
private property, so as to annoy or disturb the quiet, comfort or
repose of persons in any school, church or office, or in any dwelling,
hotel or other type of residence, or of any persons in the vicinity.
H.
Loading, Unloading and Opening Boxes, Dumpsters and Other Containers.
The creating of noise in connection with loading or unloading any
vehicle, dumpsters or other containers or the opening and destruction
of bales, boxes, crates and containers from 11:00 p.m. to 6:00 a.m.
is prohibited.
I.
Animals and 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 persons in the vicinity.
J.
Construction, Maintenance or Repairing of Buildings or Lands. The
erection (including excavation), demolition, alteration, maintenance
or repair of any streets, highways, sidewalks, lands, trees, lawns,
landscaping and building between 9:00 p.m. and 7:00 a.m. on Monday
through Friday, inclusive, and between 9:00 p.m. and 8:00 a.m. on
Saturday and Sunday, except in the urgent necessity in the interest
of public health and safety, and then only with a permit from the
Township Manager, which permit may be granted for a period not to
exceed three days or less while the emergency continues and which
permit may be renewed for periods of three days or less while the
emergency continues.
K.
Hawkers and Peddlers. The shouting and crying of peddlers, hawkers
and vendors which disturbs the peace and quiet of the neighborhood.
L.
Noise from Premises or Property. No person owning, leasing, occupying
or otherwise in possession or control of any building, land or premises
shall use the same, or permit the use of same, or permit any equipment,
machinery, appliance, container or other device to be used at said
building, land or premises, if such use shall disturb or destroy,
or annoy the peace of the neighborhood, or otherwise be dangerous
or detrimental to health or quiet enjoyment.
M.
Equipment Noise. It shall be unlawful for any person to use any construction
equipment, tractor trailer, power saw, backhoe, lawn or landscaping
equipment or other mechanical equipment operated by fuel or electric
power between the hours of 9:00 p.m. and 7:00 a.m. on Monday through
Friday, inclusive, and between 9:00 p.m. and 8:00 a.m. on Saturday
and Sunday, except for emergency work on public improvements, Township
services and/or except by special permit as issued by the Township
Manager or for a duration of three days as provided for in subsection
(J) of this Section, if such equipment produces noise prohibited by
this Part.
[Ord. 1995-8, 12/13/1995, § 7; as amended by Ord.
97-3, 11/12/1997]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a district justice in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not more than $1,000 plus costs and,
in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this Part continues
or each Section of this Part which shall be found to have been violated
shall constitute a separate offense.
[Ord. 1995-8, 12/13/1995, § 8]
1.
Any emission of noise from any source in violation of this Part shall
be deemed and is hereby declared to be a public nuisance and may be
abated, in addition to the administrative proceeding, fines and penalties
herein provided. Such abatement may be made by any police officer
or at his direction, or by his designee, or by the Zoning/Code Enforcement
Officer, or by the Court of Common Pleas of Luzerne County on complaint,
petition or action filed by, or on behalf, of the Township of Kingston.
2.
The Police Department of the Township of Kingston and/or the Zoning
Officer shall have the authority to enforce this Part.
3.
Nothing in this Part shall be construed to impair any cause of action
or legal remedy thereof of any person or the public from injury or
damage arising from the emission or release into the atmosphere or
ground, from any source whatever, of noise and in such place or manner
or at such levels which may give rise to such cause of action.
4.
The Police Department and/or Zoning/Code Enforcement Officer, should
circumstances require, are authorized, but not required, to issue
a warning to persons considered in violation of this Part.
