It is the intent, purpose and scope of this chapter to ensure
that the life, health, welfare and public safety of the inhabitants
of the Borough are not jeopardized by noises or sounds of such a volume
or of such a nature as to cause annoyance to the inhabitants of the
Borough thereby disturbing the peace of those inhabitants of the Borough.
It shall be unlawful for any person to make, produce or cause
any sound or noise by his own conduct or action or by his/her operation
of any piece of equipment, machinery, vehicle or other noise or sound-making
device or instrument of such a high volume or of such a nature, or
make such sound or noise during the hours between 10:00 p.m. and 7:00
a.m., as to cause annoyance to the inhabitants of the Borough.
As used in this chapter, the following terms shall have the
meanings indicated:
KNOWINGLY
Having general knowledge of or reason to know or a belief
or grounds for belief which warrants further inspection of the character,
nature and level of the sound or noise which would cause annoyance
to inhabitants of the Borough.
OFFENSIVE OR LOUD NOISE OR SOUND
The audible reaction or result caused by the conduct or action
of a person, persons, machines, equipment, vehicles or any other thing,
animal or device which causes a stimulation of the auditory receptors
which annoys or disturbs an inhabitant of the Borough.
PERSON
Any natural person, partnership, firm or corporation.
[Amended 7-7-1993 by Ord. No. 791]
Any person who shall violate any provision of this chapter shall,
upon conviction thereof, be sentenced to pay a fine not exceeding
$600 and costs and, in default of payment thereof, shall be subject
to imprisonment for a term not to exceed 30 days. Each day that a
violation of this chapter continues shall constitute a separate offense.
Each and every time where a person makes, produces or causes
any sound or noise by his own conduct or action or by his/her operation
of any piece of equipment, machinery, vehicle or other noise or sound-making
device or instrument, at such a high volume, of such a nature, or
makes such a sound or noise during the hours between 10:00 p.m. and
7:00 a.m., as to cause annoyance to the inhabitants of the Borough,
the same shall be declared a public nuisance.
Any person responsible for creating or causing such an annoying
noise or sound, and upon a complaint being received by the Borough
Police Department, shall abate, suspend, alter or remove the annoying
sound or noise promptly upon notice being received by the Borough
Police Department.
If any person fails to abate the annoying sound or noise immediately
after receiving proper notice from the Police Department, the said
Police Department shall submit a report to the Borough Council.
Upon a specific finding by resolution by the Borough of the
existence of a public nuisance at a particular place, the Borough
Solicitor shall, within 48 hours of service of said resolution and
order of abatement upon persons responsible for the public nuisance,
commence legal proceedings by the filing of an equitable action seeking
the following relief:
A. A declaratory judgment that the noise or sound caused by the defendant
is annoying to the public.
B. A declaratory judgment that the noise or sound described by the Borough
Council is a public nuisance under this chapter and such resolution.
C. A mandatory injunction ordering abatement of said public nuisance.
D. All such other relief as the Court may deem just and proper.