[HISTORY: Adopted by the Borough Council of the Borough of Bellefonte 7-1-1974 by Ord. No. 724 (Ch. 656 of the 1979 Codified Ordinances). Amendments noted where applicable.]
As used in this chapter:
- Any loud, confused or senseless sound that is noticeably
unpleasant or raucous.[Amended 9-9-1974 by Ord. No. 726]
- SOUND-AMPLIFYING EQUIPMENT
- Any machine or device for the amplification of the human voice, music or any other sound. Sound-amplifying equipment shall not be construed as including standard or stock automobile radios, tape recorders or similar devices when used and heard only by the occupants of the vehicle in which they are installed or warning devices on authorized emergency vehicles or horns or other warning devices on other vehicles used only for traffic safety purposes.
- SOUND TRUCK
- Any motor vehicle or other vehicle having thereon or attached thereto any sound-amplifying equipment.
No person shall willfully make or cause to be made any loud, boisterous, raucous or unseemly sound, noise or disturbance to the annoyance of any other person; provided, however, that nothing contained in this section shall restrict or limit the normal use to be made of parks, recreation places, playing fields and playgrounds within the Borough.
No person shall make, cause to be made or permit to be made any noise or sound of any kind by crying, calling or shouting or by means of any whistle, rattle, gong, horn, drum or similar mechanical device for the purpose of advertising any goods, wares or merchandise or of attracting the attention or inviting the patronage of any person to any business or commercial enterprise in the Borough.
No person shall, for commercial purposes or in connection with any commercial enterprise or business, erect or locate any device or apparatus in front of or on the exterior of any premises owned or occupied by him which, by mechanical or electrical means, emits any loud sounds or noises so as to annoy or disturb passersby on the street or the general public. Such device or apparatus shall be deemed to annoy and/or disturb the general public if it exceeds the decibel rating for the district involved as contained in the regulations separately adopted by the Borough. However, the provisions of this section shall not apply in time of emergency to any announcement or broadcast of any current event of public interest.
No person shall operate or cause to be operated any sound truck for any commercial purpose in the Borough with sound-amplifying equipment in operation.
No person shall use or cause to be used any sound truck with its sound-amplifying equipment in operation for any noncommercial purpose in the Borough unless or until he has filed with the Borough Secretary in duplicate a statement containing the following information:
The name and residence of the person making the statement;
The address of the place of business of the person making the statement;
The license number and motor number of the sound truck to be used by the person making the statement;
The name and address of the person owning the sound truck;
The name and address of every person who is to use such sound truck within the Borough;
The purpose for which such sound truck is used;
A general statement as to the sections of the Borough in which the sound truck is proposed to be used;
The proposed hours of operation of such sound truck;
The days upon which such sound truck is proposed to be operated within the Borough; and
A general description, including wattage rating, of the sound-amplifying equipment to be used.
All sound-amplifying equipment shall conform to the standards set by the regulations separately adopted by the Borough.
Every person using or causing to be used any sound truck for any noncommercial purpose shall amend the statement required by § 372-6 within 48 hours after any change in the information therein furnished.
The Borough Secretary shall return to the person making the statement required by § 372-6 one copy of such statement duly certified by the Borough Secretary as a correct copy thereof. Such certified copy of the statement shall be in the possession of any person operating the sound truck at all times while the sound-amplifying equipment of such truck is in operation within the Borough, and such copy shall be promptly displayed to any official of the Borough upon request.
Noncommercial use of sound trucks in the Borough, with sound-amplifying equipment in operation, shall be in strict accordance with the rules and regulations separately adopted by the Borough.
No person shall keep or permit to be kept, harbor or otherwise maintain a noisy animal, i.e., an animal that disturbs the quiet of any public street or other public place or of any neighborhood. For purposes of this section, a noisy animal means one or more animals that make noises habitually so as to annoy a person of ordinary sensibility.
No person shall operate a land motor vehicle having two or four wheels or treads, which vehicle is so loaded that its operation causes unwarranted noise or sound which exceeds the decibel level set by the regulations separately adopted by the Borough or causes unnecessary noise or sound because of any mechanical or other defect, which noise or sound exceeds the decibel level set by the regulations separately adopted by the Borough or is improperly equipped or unequipped with a muffler to deaden exhaust noise or sound, which noise or sound exceeds the decibel level established by the regulations separately adopted by the Borough. No person shall use muffler cutouts on vehicles operated in the Borough.
No person shall operate any land motor vehicle, as defined in § 372-12, in such a manner as to squeal tires or make any other noise or sound of a similar nature created by rapid acceleration or deceleration upon the public ways of the Borough. In the interest of pedestrians and traffic safety, the custom and practice of "peeling" or "laying of rubber," as such practices are sometimes called, is expressly prohibited.
No person operating any vehicle, other than a police, fire, public service or ambulance on official duty, shall sound any horn, bell, gong, siren or whistle except for the ordinary horn installed on such vehicle by the manufacturer. No operator of a motor vehicle, other than the above, shall sound any type of horn unless the same is reasonably necessary to prevent accidents or to comply with statutes or regulations governing the use and operation of motor vehicles.
No person shall operate or cause or allow to be operated upon the premises owned or occupied by such person within the Borough any gasoline engine, gas engine, steam engine, electrical motor or similar mechanical apparatus with an exhaust or any compressor or any other machinery or mechanical device of any kind making a noise or sound which exceeds the decibel level established by the rules and regulations separately adopted by the Borough. Any person operating any such engine, machine, mechanical device or apparatus shall cause the exhaust therefrom to be so muffled, controlled or insulated that it complies with decibel levels established by the regulations separately adopted by the Borough.
All measurements of noise shall be made in accordance with regulations governing the enforcement of this chapter which shall be adopted by Council within 180 days of the effective date of this amendment and which shall be available at cost to any interested party.
[Amended 9-9-1974 by Ord. No. 726]
No person shall refuse to allow an inspection, test or observation of any vehicle, equipment, apparatus or machinery by an authorized officer of the Borough for the purpose of determining whether such vehicle, machinery, apparatus or equipment is in violation of this chapter. Such refusal to submit to such inspection, test or observation shall be admitted into evidence as a factor to be considered in determining innocence or guilt of a party.
A violation of any of the provisions of this chapter shall constitute a nuisance, and upon the conviction of any offender, the police officers of the Borough, the Borough Engineer and the Borough Building Code Official are hereby authorized to remove or abate any of the conditions made unlawful herein or to require the removal and abatement of the same by the offender. If such removal or abatement is done by any Borough employee, the Borough shall collect the costs thereof together with a penalty of 10% of such costs in the manner provided by law for the collection of municipal claims or by an action in assumpsit. The Borough may further seek relief from any of the acts made unlawful herein by a bill of inequity or such injunctive relief as may be granted by an equity court. The remedies provided for herein shall be in addition to the penalty provided in Chapter 1, Article III, General Penalty.