[Adopted 8-12-2013 by Ord. No. 2013-4]
Excessive noise is a serious threat to the welfare, contentment,
health, safety and peace of the residents of the Borough of Lewistown.
It is the intent of this article to establish requirements to prevent
excessive noise that might jeopardize the health and welfare of residents
of the Borough of Lewistown or downgrade their quality of life. This
article is not intended and shall not be interpreted to be a regulation
of the content of speech or communication; this article is intended
to be entirely content-neutral.
The creation, within the Borough of Lewistown, of any unnecessary
or excessive noise or of any noise of such character, intensity or
duration as to be detrimental to the welfare, contentment, health,
safety and peace 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 article is hereby
defined to include the following:
A.
For any person at any time to use a horn or other warning device
otherwise than as a reasonable warning, or to make any unnecessary
or unreasonable, loud or harsh sound by means of a horn or other warning
device.
B.
The playing of any radio, phonograph, stereo, compact disc player,
television, computer-generated music player, other sound-amplifying
device or any musical instrument in such a manner or with such volume
as to annoy or disturb the quiet, comfort or repose of persons in
any office, hospital or any dwelling, hotel or other type of residence
or of any persons in the vicinity thereof.
C.
Yelling, shouting, hooting, whistling or singing on the public streets
so as to annoy or disturb the quiet, comfort or repose of any persons
in any office, hospital, dwelling, hotel or other type of residence
or of any persons in the vicinity thereof.
D.
Permitting any animal, bird or fowl in one's possession or 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 construction, erection (including excavating), demolition, alteration
or repair of any building in any residential district or section,
the excavation of streets or highways in any residential district
or section other than between the hours of 7:00 a.m. and 11:00 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 Borough
Manager, which permit may be granted for a period not to exceed 30
days while the emergency continues. If the Borough Council should
determine that the public health and safety will not be impaired by
the construction, erection, demolition, alteration or repair of any
building or the excavation of streets and highways between the hours
of 11:00 p.m. and 7:00 a.m., and if they 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
11:00 p.m. and 7:00 a.m., upon application being made at the time
the permit for the 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.
None of the prohibitions in this article shall apply to or be
enforced against the following:
A.
Any vehicle or personnel of the Borough of Lewistown while engaged
upon necessary public business.
B.
The construction, excavation or repair of bridges, streets or highways
by or on behalf of the Borough of Lewistown or the Commonwealth of
Pennsylvania during the nighttime, when the public welfare and convenience
renders it impossible 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 or events which are noncommercial in character.
F.
Fireworks exhibits held under permit by the Borough of Lewistown.
G.
All safety signals and warning devices (e.g., stationary emergency
signal devices, intrusion alarms, backup alarms on trucks, police/fire/ambulance
sirens) or any other device used to alert persons to an emergency
or used during the conduct of emergency work.
Any person, firm, association, partnership (and the members
or partners thereof) and/or any corporation (and the officers thereof)
who violates any provision of this article shall be guilty of a summary
offense and, upon conviction before a Magisterial District Judge of
appropriate jurisdiction, shall be sentenced to pay a fine of not
more than $600 and the costs of prosecution and, upon failure to pay
such fine and costs, shall be imprisoned for a term not to exceed
10 days.
