[HISTORY: Adopted by the Borough Council of the Borough of
South Waverly 3-4-2002 by Ord.
No. 3-4-02 (Ch. 89 of the 1992 Code). Amendments
noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 500.
It is hereby declared to be a nuisance and disorderly conduct
for any person, firm or corporation to make, cause or permit on any
premises owned, occupied or controlled by it or up on any public street
in the Borough of South Waverly, or any other public place in the
Borough of South Waverly, any unnecessary noise by means of human
voices or by any other means or methods which are so loud, harsh,
prolonged, unnatural or unusual in their use or time as to be physically
annoying to people or which affect and are a detriment to the public
health, peace, convenience, safety, welfare, prosperity and comfort
of the residents of said Borough.
The following acts and noises are declared to be loud, disturbing
and unnecessary noises in violation of this chapter, but this enumeration
shall be deemed to be illustrative only and not an exclusive enumeration
of such noises:
A.
Horns and signaling devices: the sounding of any horn or signaling
device on any automobile, motorcycle, public conveyance or other vehicle
on any street or other private or public place in the Borough, except
as a danger warning.
B.
Car alarms: the sounding of, or allowing to be sounded, any vehicle
alarm, for any reason other than an emergency, on any vehicle parked
on any street or public place within the Borough of South Waverly,
for a length of time which exceeds 10 minutes. For the purpose of
this Code, the registered owner of the vehicle shall be deemed the
person responsible for any violation involving an unoccupied vehicle.
More than two instances of any alarm sounding on the same vehicle
for any cause other than an emergency within an eight-hour period
shall authorize the towing of the offending vehicle, at the owner's
expense, from any public area or area accessible to the public.
C.
Burglar, intruder, security, etc., alarms: the sounding of, or allowing
to be sounded, any burglar, intruder, or security or fire alarm at
a residence or a commercial establishment for a length of time that
exceeds 10 minutes for any reason other than an emergency for which
the system was designed and installed. For the purpose of this Code,
the owner of the property, or the lessee if said lessee is responsible
for maintenance of the alarm system, shall be deemed the person responsible
for any violation involving a nonemergency sounding of the alarm.
More than two instances of an alarm sounding at the same location
for any cause other than an emergency within an eight-hour period
shall be cause for the imposition of a fine or such penalty as provided
by this Code or the Borough Council of the Borough of South Waverly.
D.
Radios, tape players, compact disc players, phonographs, amplified
musical instruments, motor vehicle sound systems, musical instruments
and similar devices: the using or operating of, or permitting to be
played, used or operated, of any radio, musical instrument or instruments,
phonograph or other machine or device for the producing or reproducing
of sound in such a manner as to disturb the peace, quiet and comfort
of neighboring inhabitants or at any time with louder volume than
is necessary for convenient hearing for the person or persons who
are voluntary listeners thereto. "Neighboring inhabitants" shall also
be interpreted to mean those persons in close proximity to the operator
of an above-listed device in a park or playground. The operation of
any such set, instrument, phonograph, machine or device between the
hours of 12:00 midnight and 7:30 a.m. in such manner as to be plainly
audible on adjacent properties shall be prima facie evidence of a
violation of this section.
E.
Loudspeakers, amplifiers or advertising: the using or operating of,
or permitting to be played, used or operated, any radio receiving
set, musical instrument, phonograph, loudspeaker, sound amplifier
or other machine device for the producing or reproducing of sound
which is cast upon the public street for the purpose of advertising
or attracting the attention of the public to any building or structure
without the prior written authorization of the Borough Council upon
such terms as will not impair public health as determined by the Borough
Council using reasonable standards.
F.
Motor vehicles:
(1)
Noise emanating from the operation of a motor vehicle on public highways
regulated by the Commonwealth of Pennsylvania Motor Vehicle Code.
The maximum levels set forth in the Motor Vehicle Code for the operation
of vehicles on public highways as they may be amended from time to
time are hereby designated to be the maximum permissible noise levels
for the operation of motor vehicles on all other property as well
as public highways within the Borough of South Waverly.
(2)
Allowing the engine of a truck or bus, including school buses, to
idle while the vehicle is standing for a period exceeding five minutes,
with the exception of vehicles with refrigeration systems where the
engine must be running in order to power the refrigeration unit or
vehicles that are parked in the South Waverly Borough Zoning Ordinance
Industrial District.[1]
G.
Exhausts: the discharge into the open air of the exhaust of any steam
engine, stationary internal-combustion engine, motorboat or motor
vehicle, except through a muffler or other device which will effectively
prevent loud or explosive noises therefrom. Further, the discharge
of excessive noise from an engine that has been modified or becomes
defective so as to cause the level of sound emitted to be greater
than that emitted when originally manufactured, nor shall any person
operate said devices, equipment, etc., with the muffler or noise-reduction
equipment removed.
H.
Schools and churches: the creation of any excessive noises on any
street adjacent to any school, institution of learning, or church
while the same are in use which unreasonably and unnecessarily interferes
with the workings of such institutions.
I.
Restaurants and private clubs: the playing of, or causing to be played
or permitting to be played, music of any kind or description, including
instrumental music, radio, player piano, jukebox, recorder, electronically
produced or vocal music, which interferes with the repose, health,
comfort, safety or welfare of any person and is plainly audible from
adjacent properties, between the hours of 12:00 midnight and 7:30
a.m. in any restaurant, bar, tavern and/or other public place licensed
to sell liquors, wines or beer to be consumed on the premises. This
section will not supersede the regulations of the Pennsylvania Liquor
Control Board.
The provisions of this chapter shall apply to military or civil
parades and celebrations at public gatherings.
Exceptions include noise emanating from the following:
A.
Parades authorized by Borough Council.
B.
Carnivals or similar events authorized by Borough Council.
C.
Public celebrations authorized by Borough Council.
D.
Borough Hall rental events.
E.
Borough grounds rental events.
F.
Sirens or whistles used by the Fire Department and contracting police
force.
[Amended 6-2-2010 by Ord.
No. 06-02-10-02]
G.
Sirens used by authorized emergency vehicles.
H.
Civil defense and any other municipal department or agency for emergency
functions shall not be subject to the provisions of this chapter.
I.
Events with permits.
[Added 6-2-2010 by Ord.
No. 06-02-10-02[1]]
The contracting police agency is authorized to assist the Code
Officer to enforce the provisions of this chapter.
[1]
Editor's Note: This ordinance also provided for an effective
time and date of 12:00 midnight on 6-30-2010, further providing that
the South Waverly Borough Police Department be disbanded at that time
contemporaneously with the commencement of police services in South
Waverly Borough by Sayre Borough Police Department pursuant to an
agreement of 3-1-2010.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this chapter
shall, upon being found liable therefor, pay a fine of not more than
$600, plus court costs and reasonable attorneys’ fees incurred
by the Borough in the enforcement proceedings. If the penalty is not
paid, the Borough shall initiate a civil action for collection in
accordance with the Pennsylvania Rules of Civil Procedure. Each day
a violation exists shall constitute a separate offense, and each section
of this chapter that is violated shall also constitute a separate
offense. In addition to or in lieu of enforcement under this section,
the Borough may enforce this chapter in equity in the Court of Common
Pleas of Bradford County.
