This chapter is adopted in accordance with Act of Assembly 1933,
May 1, P.L. 103, Article VII, Section 702, cl. XII, and Act of Assembly
1933, May 1, P.L. 103, Article VII, Section 702, cl. XXIX, as amended.
The necessity in the public interest for the provisions and
prohibitions hereinafter contained and enacted is declared as a matter
of legislative determination and public policy, and it is further
declared that the provisions and prohibitions hereinafter contained
and enacted are in pursuance of and for the purpose of securing and
promoting the public health, comfort, convenience, safety, welfare
and prosperity and the peace and quiet of the Borough of Summit Hill,
Pennsylvania, and its inhabitants.
It shall be unlawful for any person to make, continue or cause
to be made or continued any loud, unnecessary or unusual noise or
any noise which either annoys disturbs, injures or endangers the comfort,
repose, health, peace, or safety of others, within the limits of the
Borough of Summit Hill, Pennsylvania.
The following acts, among others, are declared to be loud, disturbing,
and unnecessary noises in violation of this chapter, but said enumeration
shall not be deemed to be exclusive, namely:
A. Horns, signaling devices, etc. The sounding of any horn or signaling
device on any automobile, motorcycle or other vehicle on any street
or public place in the Borough, except as a danger warning; the creation
by means of any such signaling device for an unnecessary and unreasonable
period of time; the use of any signaling device; the use of any horn,
whistle or other device operated by engine exhaust; and the use of
any such signaling device when traffic is for any reason held up.
B. Radios, phonographs, etc. The using, operating, or permitting to
be played, used or operated of any radio receiving set, musical instrument,
phonograph, or other machine or device for the producing or reproducing
of sound in such manner as to disturb the peace, quiet and comfort
of the neighboring inhabitants or at any time with louder volume than
is necessary for convenient hearing for the person or persons who
are in the room, vehicle or chamber in which such machine or device
is operated and who are voluntary listeners thereto. The operation
of any such set, instrument, phonograph, machine or device between
the hours of 11:00 p.m. and 7:00 a.m., in such a manner as to be plainly
audible at a distance of 50 feet from the building, structure or vehicle
in which it is located, shall be prima facie evidence of a violation
of this chapter.
C. Loudspeakers, amplifiers for advertising. The using, operating or
permitting to be played, used, or operating of any radio receiving
set, musical instrument, phonograph, loudspeaker, sound amplifier,
or other machine or device for the producing or reproducing of sound
which is cast upon the public streets for the purpose of commercial
advertising or attracting the attention of the public to any building
or structure.
D. Yelling, shouting, etc. Yelling, shouting, hooting, whistling, or
singing on the public or private streets, particularly between the
hours of 11:00 p.m. and 7:00 a.m. or any time or place as to annoy
or disturb the quiet, comfort, or repose of persons in any office,
or in any dwelling, hotel or other type of residence, or of any persons
in the vicinity.
E. The operation of snowmobiles, motorboats, minibikes or mini-motor
bicycles between the hours of 11:00 p.m. and 7:00 a.m. or anywhere
within the Borough limits shall be a violation of this chapter in
that the harsh noise and sounds emitted by such snowmobiles, motorboats,
minibikes or mini-motor bicycles is loud and disturbing and therefore
creates a nuisance which is disturbing to the public health and comfort
of the residents of the Borough of Summit Hill, Pennsylvania. All
snowmobiles, minibikes or mini-motor bicycles must at all times have
mufflers in proper working condition as specified by the original
manufacturer, except that in no instance shall racing mufflers be
permitted, unless performing in a sanctioned race or event within
the confines of the Borough of Summit Hill.
Any person who violates or permits a violation of this chapter
shall, upon conviction in a summary proceeding brought before a Magisterial
District Judge 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 costs of prosecution. In default of payment
thereof, the defendant may be sentenced to imprisonment for a term
not exceeding 90 days. Each day or portion thereof that such violation
continues or is permitted to continue shall constitute a separate
offense, and each part of this chapter that is violated shall also
constitute a separate offense.
This chapter shall be effective immediately upon passage and
approved in the manner prescribed by law.