[Ord. 204, 1/6/1969, § 1; as amended by Ord. No. 21-00105, 11/8/2021]
1. Any person
who shall commit or cause to be committed any act, word or conduct
causing a breach of the peace and good order of the Borough shall
be guilty of disorderly practices in violation of this chapter if
that person:
A. Causes
any danger, discomfort or unreasonable annoyance to any of the inhabitants
of the Borough or users of the Borough thoroughfares; or
B. Fights
or quarrels or incites others to fight or quarrel; or
C. Congregates
with others upon any of the Borough thoroughfares or other public
areas of the Borough to the reasonable annoyance of peaceable residents
nearby or users of any Borough thoroughfares or public areas by the
use of obscene or other offensive language or by threatening conduct;
or
D. Loiters
near or in the entrances to commercial establishments, whether on
public or private property, or any place of public resort, whether
public or private, or upon any private property within the Borough
without the consent of the owners thereof, whereby the public peace
is broken or disturbed or the traveling public reasonably annoyed
by obscene or other offensive language, by loud or boisterous noise,
by threatening conduct, or by blocking entrance to such an establishment;
or
E. At any
time makes any sound which reasonably annoys or disturbs humans or
reasonably causes an adverse psychological or physiological effect
on humans, in a manner that the sound is heard in excess of 50 feet
from the source of the sound.
2. The sounds in Subsection
1E of this section are any sound and may typically include, but are not limited to, such things as motor vehicles and motor vehicle accessories, domestic power tools, motorized lawn and garden equipment, loading and unloading vehicles, powered model vehicles, street sales, motor vehicle repairs and testing, unnecessary horn blowing, sound trucks, public address systems, radios, TVs, stereos/CD players and musical instruments.
3. The use of domestic power tools, powered model vehicles, motor vehicle repairs and testing, radios, TVs, stereos/CD players and musical instruments or any other sound which has the effect described in Subsection
1E of this section outside the confines of a dwelling or commercial structure, the use of motorized lawn and garden equipment, sound trucks or public address systems or street sales, unnecessary horn blowing or unnecessary idling or revving of motorcycles or truck tractors are prohibited between the hours of 10:00 p.m. and 7:00 a.m.
[Ord. No. 21-00105, 11/8/2021]
1. The following
are exempted from the provisions of this Part:
A. Amplified
and nonamplified activities approved by the Borough Manager or designee,
which may include but not be limited to athletic events, concerts,
block parties, church carnivals, or other publicly or privately sponsored
events.
B. Emergency
work. Sounds caused by the performance of emergency work or by the
ordinary and accepted use of emergency apparatus and equipment.
C. Municipal
and utility services. Sounds resulting from the repair/management
or replacement of any municipal or utility installation in or about
the public right-of-way.
D. Warning
devices. Sounds made by warning devices operating continuously for
three minutes or less, except that, in the event of an actual emergency,
the time limit shall not apply.
E. Unusual/extreme
weather conditions. Where unusual or extreme weather conditions, such
as heat, cold, pollen advisories, rain, snow or other condition that
would affect the health and safety of persons working therein, restrict
the ability of persons to work between the hours of 7:00 a.m. to 10:00
p.m., upon application to and permission from the Akron Borough Manager
or designee, such persons may engage in activities between 10:00 p.m.
and 7:00 a.m. that may cause sounds otherwise prohibited.
[Ord. No. 21-00105, 11/8/2021]
Any person who shall violate any provision of this Part shall,
upon conviction thereof in a summary proceeding, be sentenced to pay
a fine not exceeding $1,000, and costs of prosecution, or to imprisonment
for not more than 30 days, as authorized by law.