[Ord. 660, 10/1/2001, § 601; as amended by Ord.
687, 2/4/2004]
1.
No person shall make, continue or cause to be made or continued any
noise disturbance upon, near or adjacent to the streets or other public
places in the Borough by any means including, but not limited to,
automobile horns, engine whistles, bells, sirens, radios, amplifying
system or the like.
2.
"Noise disturbance" is defined as the presence of a sound or sounds
of such intensity, duration, frequency or character which annoy, disturb,
or cause or tend to cause adverse psychological and physiological
effects on persons.
3.
The making of more than one false car alarm within a twenty-four-hour
period is prohibited as a noise disturbance, unless such second or
further alarm is caused by third persons engaged in criminal activity.
4.
No person in the Borough shall operate heavy construction or excavation machinery, such as bulldozers, high lifts, pumps, power shovels, backhoes, jackhammers or other types of machinery in such a manner as to cause a noise disturbance as defined in Subsection 2. The operation of such equipment on Mondays through Fridays prior to the hour of 7:00 a.m. and after the hour of 7:00 p.m., on Saturdays prior to the hour of 9:00 a.m. and after the hour of 4:00 p.m. and on Sundays prior to the hour of 10:00 a.m. and after the hour of 4:00 p.m. shall be presumed a noise disturbance; except for emergencies for public utility maintenance and repair and/or other emergencies and operations approved in advance by Borough officials; provided, however, that snow removal equipment is exempt from the provisions of this Subsection 4 and may be operated whenever weather conditions require the removal of snow.
[Amended by Ord. 818, 6/1/2015]
[Ord. 660, 10/1/2001, § 602]
1.
No person shall operate or allow to be operated a radio, stereo,
boom box, tape and/or CD player or any other type of sound reproduction
device in any area within the Borough at a sound level which is audible
at a distance of greater than 40 feet from the location of any such
sound reproduction device.
2.
No person, while residing or occupying or present in a dwelling,
building or other structure, or while driving, occupying or in control
of any moving vehicle or parked vehicle, or otherwise, shall operate
or allow to be operated a radio, stereo, boom box, tape and/or CD
player or any other type of sound reproduction device in any area
within the Borough at a sound level which is audible at a distance
of greater than 40 feet from the location of such dwelling, building
or other structure, or the location of such vehicle.
3.
The provisions of this section shall not apply to:
A.
Police, Fire and Ambulance Vehicles, Devices or Buildings. The emission
of sound, including radios, public address systems or other communications
devices, from a police, fire and/or ambulance vehicle, device or building.
B.
Municipal and Utility Services Vehicles, Devices or Buildings. The
emission of sound from a municipal and/or utility services vehicle,
device or building.
C.
Places of Religious Worship. The sound of any bell or chime used
in conjunction with places of religious worship.
D.
Political and Labor Rallies, Athletic Events or Borough of Fountain
Hill Licensed, Permitted or Authorized Events. The use of devices
such as public address systems, amplifying systems, bull horns, musical
instruments, tape messages or similar devices which are used at political
or labor rallies, or athletic events or other Borough of Fountain
Hill licensed, permitted or authorized events.
