It shall be unlawful for any person, firm, corporation, association or organization to maintain and operate in, from or upon any building or premises adjacent to the public highways in the Borough of Schuylkill Haven or in any motor or other vehicle not in motion operating in or upon such highways any radio, mechanical musical instrument, loudspeaker or other devices of any kind whatsoever whereby the sound therefrom is cast upon said highways or the ringing of any handbell, the beating or striking of any pan or pail, the sounding of any gong, the blowing of any whistle or horn or the mechanical amplification of the human voice by loudspeakers or megaphones to promote the sale of goods, wares, merchandise or for any other purpose or purposes; provided, however, that this article shall not apply to the electrical amplification of clock chimes.
[HISTORY: Adopted by the Borough Council of the Borough of Schuylkill Haven as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-13-1977 as Ch. XIII, Part 3, of the 1977 Code; amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. PERSON SOUND TRUCK SOUND-AMPLIFYING EQUIPMENT
As used in this article, the following terms shall have the meanings indicated:
Any natural person, firm, corporation, association, club, partnership, society or any other form of association or organization.
Any motor vehicle having mounted thereon or attached thereto any sound-amplifying equipment.
Any machine or device for the amplification of the human voice, music or any other sound. The term "sound-amplifying equipment," as used herein, shall not be construed as including standard automobile radios when used and heard only by occupants of the vehicle in which installed or warning devices on authorized emergency vehicles or horns or other warning devices on other vehicles used only for traffic safety purposes.
B.
In this article, the singular shall include the plural and the masculine shall include the feminine and the neuter.
On and after the date of this article, the use to promote the sale of goods, wares, merchandise or for any other purpose or purposes of such radio, mechanical musical instrument, loudspeaker or other devices as aforesaid whereby the sound therefrom is cast directly upon said highways so as to be distinctly and loudly audible upon such highways in violation of this article shall be and are hereby declared to be a public nuisance.
No person shall operate or cause to be operated any sound truck for any commercial purpose in the Borough of Schuylkill Haven with sound-amplifying equipment in operation.
No person shall use or cause to be used any sound truck with its sound-amplifying equipment or any other sound-amplifying device in operation for any noncommercial purpose in the Borough of Schuylkill Haven until he or she shall have filed with the Mayor of the Borough of Schuylkill Haven, in duplicate, a statement containing the following information:
A.
The name and residence of the person making the statement.
B.
The address of the place of business of the person making the statement.
C.
The license number and motor number of the sound truck to be used by the person making the statement.
D.
The name and address of the person owning the sound truck.
E.
The name and address of the person having direct charge of the sound truck.
F.
The name and address of every person who is to use such sound truck within the Borough.
G.
The purpose for which such sound truck is to be used.
H.
A general statement as to the sections of the Borough in which such sound truck is proposed to be used.
I.
The proposed hours of operation of such sound truck.
J.
The days upon which such sound truck is proposed to be operated within the Borough.
K.
A general description of the sound-amplifying equipment to be used.
L.
The maximum sound-producing power of the sound-amplifying equipment to be used in or on such sound truck, including the wattage to be used and the approximate maximum distance for which sound will be thrown from such sound truck.
The Mayor shall return to the person making the statement required under § 147-5 hereof one copy of such statement, duly certified by the Mayor as a correct copy therefor, together with the approval or disapproval of the Mayor noted thereon. If such application is approved, the certified copy thereof shall be in the possession of any person operating the sound truck at all times while the sound-amplifying equipment of such truck is in operation within the Borough, and such copy shall be promptly displayed to any police officer of the Borough upon request.
Noncommercial use of sound trucks in the Borough of Schuylkill Haven with sound-amplifying equipment in operation shall be strictly in accordance with the following regulations:
A.
The only sounds to be permitted shall be music and human speech.
B.
Operation shall be prohibited on Sundays.
C.
Sound-amplifying equipment shall not be operated unless the sound truck upon which such equipment is mounted is operated at a speed of at least 10 miles per hour, except when said truck is stopped or impeded by traffic. Where stopped by traffic, said sound-amplifying equipment shall not be operated for longer than one minute at such stop.
D.
The human speech and the music amplified through such sound-amplifying device shall not be profane, lewd or indecent.
E.
The volume of sound shall be controlled so that it will not be audible for a distance in excess of 150 feet from the sound truck and so that said volume is not unreasonably loud, raucous, jarring, disturbing or a nuisance to persons within the area of audibility.
Any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the county correctional facility for a period not exceeding 30 days. Each day that such violation exists shall constitute a separate offense, and each section of this article 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 article in equity in the Court of Common Pleas of Schuylkill County.
[Adopted 11-18-2009 by Ord. No. 1054]
As used in this article, the following terms shall have the meanings indicated:
Any sound that endangers the safety or health of any person, disturbs a reasonable person of normal sensitivities, or endangers personal or real property.
A.
Excessive noise and noise disturbance prohibited. It is hereby declared to be a nuisance and shall be unlawful for any person, firm, or business entity to make, cause, suffer, or permit to be made or caused upon a property owned, occupied, or controlled by him or it upon any public land, street, alley, or thoroughfare in the Borough any excessive noises, noise disturbance, or sounds by means of vehicle, machinery, equipment (including sound-amplification equipment and musical instruments), or by any other means or methods which are physically annoying to the comfort of any reasonable person or which are so harsh, prolonged, unnatural, or unusual in their use, time, and place as to occasion physical discomfort or which are otherwise injurious to the lives, health, peace, and comfort of the inhabitants of the Borough or any number of residents thereof.
B.
Special prohibitions. The following acts and causes thereof are hereby declared to be a nuisance and in violation of this article:
(1)
Repairing, rebuilding, modifying, testing, or operating a motor vehicle, motorcycle, recreational vehicle, or powered model vehicle in such a manner as to cause annoyance to persons across a real property boundary from the noise source.
(a)
All motorcycles built or rebuilt after 1982 and all car engines will be operated at or below the decibel level of 86 consistent with 42 U.S.C. § 4905; 40 CFR 205, Subparts D and E.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(2)
Operating, playing, or permitting the operation or playing of any radio, television, audio equipment, sound amplifier, musical instrument, or similar device that reproduces or amplifies sound through electric or battery means in such a manner as to create a noise disturbance or to cause annoyance to persons in the vicinity or any person other than the operator of the device.
(3)
Loudspeakers and public address systems. Using or operating of any loudspeaker, public address system, or similar device, such that the sound therefrom creates a noise disturbance across a residential real property line.
(4)
Operating or permitting the operation of any motor vehicle or any auxiliary equipment attached to such a vehicle, for a period of longer than five minutes in any hour while the vehicle is stationary, for reasons other than traffic congestion or emergency work.
(5)
Operating or permitting the operation of any mechanically powered saw, drill, sander, grinder, lawn or garden tool, or similar device used out of doors between the hours of 9:00 p.m. and 7:00 a.m. in such a manner as to cause annoyance to persons across real property boundary from the noise source.
(6)
Motor vehicles and motorcycles on public right-of-way. No person shall operate or cause to be operated a public or private motor vehicle or motorcycle at any time in such a manner that the sound level emitted by the motor vehicle or motorcycle constitutes a noise disturbance.
Restrictions set forth in § 147-11A and B hereof shall not apply to any of the following noise sources:
A.
The emission of the sound for the purpose of alerting persons to the existence of an emergency.
B.
Emergency work performed to protect public health or safety, including fire protection, protection from flood or other disaster, and work performed to provide electricity, water, or other public utilities when public health or safety is involved.
C.
Public gatherings, performances, and the like for which a permit has been obtained from the Borough.
D.
Warning devices on authorized emergency vehicles and/or required for safety purposes.
E.
Vehicles, machinery, appliances, and equipment used in the case of an emergency snow removal.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the county correctional facility for a period not exceeding 30 days. Each day that such violation exists shall constitute a separate offense, and each section of this article 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 article in equity in the Court of Common Pleas of Schuylkill County.
All agencies and authorities within the Borough, including but not limited to the Schuylkill Haven Police Department, have full authority to enforce this article and impose such fines and other penalties as necessary and appropriate.
The provisions of this article are severable. If any section, clause, sentence, part, or provision of this article shall be determined to be illegal or invalid by any court of competent jurisdiction, such decision shall not impair or affect the remaining terms, sections, and clauses of this article.
This article shall be effective 10 days after it has been approved by the Mayor or, in default thereof, 10 days after it is deemed approved by operation of law.