The operation of heavy construction, excavation machinery, such
as bulldozers, high lifts, pumps, power shovels, backhoes, jackhammers
or any other type of machinery used in the course of land development,
residential and/or building construction and residential home repairs,
which is inclined to cause noises sufficient to disturb the peace
and tranquility of the general public or any portion thereof shall
be prohibited in all residential areas according to the Borough's
Zoning Map between the hours of 8:00 p.m. and 7:00 a.m. during the
months of October through March and between the hours of 10:00 p.m.
and 6:00 a.m. during the months of April through September.
This provision shall not be applicable to the use of machinery
and equipment for the removal of ice or snow or to the use of machinery
or equipment in emergency situations, which would involve the Borough
of West Mifflin or any other public utility in which there is an immediate
threat of loss to life or property.
Any person who shall violate any provision of this article shall,
upon conviction thereof, be sentenced to pay a fine of not more than
$1,000 plus costs, and, in default of payment of said fine and costs,
to a term of imprisonment not to exceed 30 days. Each day that a violation
of this article continues shall constitute a separate violation. Further,
the violation of this article is hereby declared to be a nuisance.