[HISTORY: Adopted by the Town Council of the Borough of West
View 11-5-1975 by Ord. No. 1178 (Ch. 91 of the 1977 Code). Amendments
noted where applicable.]
It is hereby declared to be a nuisance and it shall be unlawful
for any person, firm or corporation to make or cause, or suffer or
permit to be made or caused, upon any premises owned, occupied or
controlled by him or it or upon any public street, alley or thoroughfare
in the Borough of West View, any unnecessary noises or sounds by means
of the human voice or by any other means or methods which are physically
annoying to the comfort of any person, or which are so harsh or so
prolonged or unnatural or unusual in their use, time and place as
to occasion physical discomfort, or which are injurious to the lives,
health, peace and comfort of the inhabitants of said Borough of West
View or any number thereof. Such noise shall include but not be limited
to:
A.
Yelling or shouting. Yelling, shouting, hooting, whistling or singing
on the public streets, particularly between the hours of 11:00 p.m.
and 7:00 a.m., or at any time or place so as to annoy or disturb the
quiet, comfort or repose of persons in any office or in any dwelling,
hotel, motel or other type of residence or of any persons in the vicinity.
B.
Whistles. The blowing of any whistle, except to give notice of the
time to begin or stop work, or as a warning of fire or danger or upon
request of proper Borough authorities, or as may be required by general
law or ordinance.
C.
Exhausts. The discharge into the open air of the exhaust of any steam
engine, stationary internal-combustion engine or motor vehicle except
through a muffler or other device which shall effectively prevent
loud or explosive noise therefrom.
D.
Operation of vehicles. The use of any automobile, truck, bus, motorcycle,
minibike or other vehicle so out of repair, so loaded or in such a
manner as to create loud or unnecessary grating, grinding, rattling
or other noise.
E.
Colliding automobiles. The intentional collision of automobiles,
either into each other or into fixed obstructions in any place, public
or private, which creates excessive noise so as to constitute a disturbance
to the neighbors or passersby in the vicinity.
F.
Loading, unloading or opening boxes. The creation of loud and excessive
noise in connection with the loading or unloading of any vehicle or
any opening and destruction of bales, boxes, crates or containers.
G.
Schools, courts or churches. The creation of any excessive noise
on any street adjacent to any school, institution of learning, church
or court while the same is in use, which unreasonably interferes with
the working of such institution or which disturbs or unduly annoys
the occupants thereof, provided that conspicuous signs are displayed
in such streets indicating the same is a school, hospital or court
street.
H.
Drums. The use of any drum or other instrument or device for the
purpose of attracting attention by the creation of noise to any performance,
show or sale.
J.
Transportation of metal rails, pillars and columns. The transportation
of rails, pillars or columns of iron, steel or other materials over
and along streets or any other public places upon carts, trays, cars
or trucks, or in any other manner, so loaded as to cause loud noises
or as to disturb the peace and quiet of such streets or other public
places.
K.
Operation of railroad cars and buses. The causing, permitting or
continuing of any excessive, unnecessary and avoidable noise in the
operation of railroads, cars, locomotives and buses.
L.
Pile drivers or hammers. The operation other than between the hours
of 7:00 a.m. and 6:00 p.m. on weekdays of any pile driver, steam shovel,
bulldozer or other earth-moving machinery, pneumatic hammer, derrick,
steam or electric hoist or other appliance, the use of which is attended
by loud or unusual noise.
M.
Blowers. The operation of any blower or power fan from any internal
combustion engine, the operation of which causes noise due to the
explosion of operating gases or fluids, unless the noise from such
blower or fan is muffled and such engine is equipped with a muffler
device sufficient to deaden such noise.
[Amended 2-2-1977 by Ord. No. 1191]
No person, persons, firm or corporation shall play, use or operate,
or knowingly permit to be played, used or operated, any radio receiving
set, musical instrument, phonograph, sound amplifier, loudspeaker
or other machine or device for the reproduction of sound upon property,
either real or personal, or the premises owned, operated occupied
or used by him, them or it, which is not measured and regulated by
decibels, so that the sound coming from such machine can be audibly
heard from a distance greater than 100 feet from the property or premises
where such machine or device is located. Nothing herein contained
shall be construed to prohibit the playing of a band or orchestra
in any concert hall, auditorium, clubroom or public park, nor shall
it apply to electrical amplification of clock chimes.
A.
No person shall operate a sound truck or loudspeaker on the streets
or public places of the Borough without first obtaining a permit therefor
from the Borough Manager. Such permit shall be for a period of one
day only. Such permit shall not be transferable from person to person
or from sound truck to sound truck and may not be extended as to the
date it should be used, nor shall any permit for the operation of
such truck be used earlier than 8:00 a.m. or later than 9:00 p.m.
prevailing local time. Every application for permits shall be accompanied
by a permit fee of $25.
B.
The application for such permit shall be filed in duplicate with
the Borough Manager, and the permit shall be limited in accordance
with the information contained in such application, which shall consist
of the following:
(1)
Name and home address of the applicant.
(2)
Business address of the applicant.
(3)
Name and address of the owner of the sound truck.
(4)
Make and license number of the sound truck.
(5)
Name and address of the person operating the sound truck.
(6)
Name and address of the person operating the sound equipment.
(7)
The purpose for which the sound truck will be used.
(8)
The proposed hours of operation of the sound truck.
(9)
A certificate from an engineer that such amplifying machine is so
equipped and regulated by decibels that the sound coming from the
machine cannot be audibly heard at a distance greater than 100 feet
from the sound truck or amplifying machine.
C.
After the issuance of said permit, the Borough Manager shall return
one certified copy of the application to the permittee, together with
the permit, which must be in the possession of the operator of the
sound truck during such time as the sound-amplifying equipment is
in operation. Such certified application and permit shall, upon request,
be promptly exhibited to any police officer of the Borough of West
View.
D.
No permit so issued may be used which attracts the attention of motorists
or pedestrians, causing the blocking of streets and thereby creating
traffic congestion and a hazard.
A.
It shall be unlawful for any person, firm or corporation to sound
any horn or warning device on any automobile, motorcycle, bus or other
vehicle except when required by law or to give timely warning of impending
danger to persons driving other vehicles or to persons upon the street.
B.
No person shall sound any horn or warning device of an automobile,
motorcycle, bus or other vehicle which shall emit unreasonably loud
or harsh sounds or for any unnecessary or unreasonable period of time.
A.
It shall be unlawful for any person, firm or corporation, or their
agents or employees, owning and occupying any building, premises or
other place in the Borough of West View to operate or permit to be
operated any type of machinery, appliance, equipment or hand tool
which emits noise beyond the premises upon which said machinery, appliance,
equipment or hand tool is being operated or used, between the hours
of 9:00 p.m. and 7:00 a.m., current time, or on any Sunday or legal
holiday.
B.
The Borough Manager shall be authorized to issue permits for emergency
construction and repair upon submission of adequate proof of the necessity
for such work.
It shall be unlawful for any person, firm or corporation, or
their agents or employees, engaged in the collection of garbage, rubbish
or refuse in the Borough of West View, to make any such collections
between the hours of 9:00 p.m. and 7:00 a.m., current time, or on
any Sunday or legal holiday.
A.
Any person, persons, firm or corporation who shall violate any of
the provisions of this chapter shall, upon conviction thereof, be
punishable by a fine of not less than $50 nor more than $300, together
with the costs of prosecution, and in default of the payment of the
fine and costs, by imprisonment for a term not to exceed 30 days.
Such fine and penalty may be collected by suit brought in the name
of the Borough before any Magisterial District Judge in like manner
as debts of like amount may be used for by existing laws.
[Amended 2-2-1977 by Ord. No. 1191]
B.
Each violation of any provision of this chapter shall be deemed to
be a separate and distinct offense.
