[HISTORY: Adopted by the City Council of the City of Pittston 3-20-2013 by Ord. No. 2013-3. Amendments noted where applicable.]
The creation within the City of Pittston of any unnecessary or excessive noise or of 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:
The use by any person at any time of a horn or other warning device otherwise than as a reasonable warning or making any unnecessary or unreasonable, loud or harsh sound by means of a horn or other warning device.
The playing of any radio, phonograph, or electronic device in such a manner or with such volume as to annoy or disturb the quiet, comfort or repose of persons in any office, business or any dwelling or other type of residence or of any persons in the vicinity thereof.
Yelling, shouting or whistling on the public streets so as to annoy or disturb the quiet, comfort or repose of persons in any office, business or any dwelling or other type of residence or of any persons in the vicinity thereof.
Permitting any animal 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 any person.
The erection (including excavating), demolition, alteration or repair of any building in any residential district or section or the excavation of streets or highways in any residential district or section other than between the hours of 7:00 a.m. and 9:00 p.m. on weekdays, except in the case of urgent necessity in the interests of public health and safety, and then only with a permit from the Zoning Officer, which permit may be granted for a period not to exceed 30 days while the emergency continues. If the City 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 9:00 p.m. and 7:00 a.m., and if it 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 9:00 p.m. and 7:00 a.m., upon application being made at the time the permit for work is awarded or during the progress of the work.
The creation of any excessive noise on any street adjacent to any school, institution of learning, church or court, while the same are in session, which unreasonably interferes with the workings of sessions thereof and the making of any other noise so as to annoy the users and/or occupants of such places or buildings as are herein defined.
The use of any drum, loudspeaker or other instrument or device for the purpose of attracting attention to the sale or display of merchandise of a commercial character.
The operating of, or permitting to be operated, the compact cycle of the motor vehicle which can compact refuse between the hours of 6:00 p.m. and 6:00 a.m. the following day in residential areas.
None of the terms or prohibitions hereof shall apply to or be enforced against:
Any vehicle or personnel of the City while engaged upon necessary public business.
Excavations or repairs of bridges, streets or highways by or on behalf of the City during the nighttime, when the public welfare and convenience renders it impracticable to perform such work during the daytime.
Parades with band music on holidays or by civic organizations or by the public schools or divisions of the public schools.
School sports events which may or may not be accompanied by cheering and/or music.
The reasonable use of amplifiers or loudspeakers in the course of public addresses which are noncommercial in character.
Fireworks exhibits held under permit by the City.
Repairs or maintenance to City sanitary and storm sewer manholes and mains by the City, the Wyoming Valley Sanitary Authority, or contractors designated by the City.
The nighttime or weekend removal of snow from City streets by the City or a designated contractor.
This chapter shall be enforced by the City Police Department and/or the City Code Enforcement Officer. 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 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.