[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:
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
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:
A.
Any vehicle or personnel of the City while engaged upon necessary
public business.
B.
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.
C.
Parades with band music on holidays or by civic organizations or
by the public schools or divisions of the public schools.
D.
School sports events which 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 which are noncommercial in character.
F.
Fireworks exhibits held under permit by the City.
G.
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.
H.
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.
