[HISTORY: Adopted by the Borough Council of the Borough of
Mount Union 5-2-2005 by Ord. No. 1071. Amendments noted where applicable.]
The creation within the Borough of Mount Union of any unnecessary
or excessive noise or any noise of such character, intensity or duration
as to be detrimental to the health or life of any individual or in
the disturbance of the public peace and welfare or the aiding and
abetting in the creation of any such noise or suffering or permitting
any such noise to continue is hereby prohibited and shall constitute
disorderly conduct.
"Prohibited noise," within the meaning of this chapter, is hereby
defined to include the following:
A.
For any person at any time to use a horn or other warning device
otherwise than as a reasonable warning or to make any unnecessary
or unreasonable, loud or harsh sound by means of a horn or other warning
device.
B.
The playing of any radio or sound-producing device or any musical
instrument in such a manner or with such volume as to annoy or disturb
the quiet, comfort or repose of persons in any office, hospital or
any dwelling, hotel, or other type of residence or of any persons
in the vicinity thereof.
C.
Yelling, shouting, hooting, whistling, or singing on the public streets
so as to annoy or disturb the quiet, comfort, or repose of any persons
in any hospital, dwelling, hotel, or other type of residence or any
persons in the vicinity thereof.
D.
Permitting any animal, bird or fowl in one's possession or under
one's control to make any frequent or long continued noise of
such character or intensity as to disturb the comfort or repose of
the public.
E.
The erection (including excavating), demolition, alteration, or repair
of any building in any residential district or section and the excavation
of streets or highways in any residential district or section other
than between the hours of 7:00 a.m. and 10:00 p.m. on weekdays, except
in the case of urgent necessity in the interests of public health
and safety, and then only with approval from the Mayor, which may
be granted for a period not to exceed 30 days while the emergency
continues. If the Borough Council should determine that the public
health and safety will not be impaired by the erection, demolition,
alteration, or repair of any building or the excavation of streets
and highways between the hours of 10:00 p.m. and 7:00 a.m., and if
they shall further determine that loss or inconvenience would result
to any party in interest, they may grant permission for such work
to be done between the hours of 10:00 p.m. and 7:00 a.m., upon application
being made at the time the permit for the work is awarded or during
the progress of the work.
F.
The creation of any excessive noise on any street or neighborhood
with such volume as to annoy or disturb, or which unreasonably interferes
with, the quiet, comfort, or repose of the public.
G.
The use of any drum, loudspeaker, other instrument, or noise-producing
device for the purpose of attracting attention.
None of the terms or prohibitions hereof shall apply to or be
enforced against:
A.
Any vehicle or personnel of the Borough of Mount Union while engaged
in necessary public business.
B.
Excavations or repairs of bridges, streets, or highways by or on
behalf of the Borough of Mount Union during the nighttime, when the
public welfare and convenience renders it impossible to perform such
work during the daytime.
C.
Parades with band music on holidays or by civic organizations or
by the public schools or divisions of the public schools.
D.
School sporting events that may or may not be accompanied by cheering
and/or music.
E.
The reasonable use of amplifiers or loudspeakers in the course of
public addresses that are noncommercial in character.
F.
Fireworks exhibits held under permits issued and approved by the
Borough Council for the Borough of Mount Union.
G.
Any permitted Borough-approved activity, such as street fairs, circuses,
carnivals, or community night out, etc.
H.
Any community-wide public recognition activity or ceremony (spontaneous
or planned and approved) involving the use fire trucks or other official
vehicles.
Police officers or the Code Enforcement Officer of the Borough
of Mount Union and/or their duly appointed successors are hereby empowered
to enforce all provisions of this chapter.
No parent, guardian, adult, or other person acting in such capacity
shall permit a person under the age of 18 years to make such noise
or noises so as to violate the provisions of this chapter as delineated
in the terms specified above.
Any person who shall violate any provision of this chapter shall,
upon conviction thereof, be punishable by a fine of not more than
$300, and costs of such proceedings, or, upon default of payment of
such fine and costs, by imprisonment in the county jail for a term
of not more than 30 days; provided, however, that if the Magisterial
District Judge determines that the defendant is without the financial
means to pay the fines and costs immediately or in a single remittance,
such defendant shall be permitted to pay the fines or costs in installments
and over such periods of time as the Magisterial District Judge deems
to be just.
