[HISTORY: Adopted by the Borough Council
of the Borough of Evans City 3-3-2003 by Ord. No. 511. Amendments noted where
applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Sound which, when heard by a reasonable person, is louder
than expected or customary, creating a nuisance.
A condition causing danger or annoyance either to a limited
number of persons or the general public.
A.
The creation within the Borough of any unnecessary
or excessive noise or any noise of such character, intensity or duration
as to be detrimental to the health or life or any individual or in
the disturbance of the public peace and welfare, or the aiding and
abetting in the creation of any such noise or permitting any such
noise to continue, is hereby prohibited and shall constitute a public
nuisance.
B.
Prohibited noise, within the meaning of this chapter
is hereby defined to include but not be limited to the following:
(1)
For any person at any time to use a horn or other
warning device other than as a reasonable warning or to make any unnecessary
or unreasonable, loud or harsh sound by means of a horn or other warning
device.
(2)
The playing of any television, radio, phonograph or
any musical instrument or other sound-producing device in such a manner
or with such volume as to annoy or disturb the quiet, comfort or repose
of persons in any office, hospital, dwelling, hotel or residence,
or of any persons in the vicinity thereof.
(3)
Yelling, shouting, hooting, whistling or singing so
as to annoy or disturb the quiet, comfort or repose of persons in
any office, hospital, dwelling, hotel or residence, or of any persons
in the vicinity thereof.
(4)
The blowing of any whistle, except as given notice
of the time to begin or stop work or as a warning of fire or danger,
of such character or intensity as to disturb the comfort or repose
of any person.
(5)
The excavation of properties, public or private and
the demolition, construction or alteration of buildings shall be prohibited
between the hours of 10:00 p.m. and 7:00 a.m., unless under emergency
situations or special permission of the Borough.
(6)
Commercial or industrial businesses, which function
principally outside of a building, shall be prohibited from operating
between the hours of 10:00 p.m. and 7:00 a.m., unless the Borough
grants a permit for special consideration limited to 10 days per year.
Exceptions are as follows:
A.
The use of warnings and equipment used by public safety
personnel responding to, but not limited to, such events as fires,
accidents, criminal activity, natural disasters.
B.
Borough-recognized events such as, but not limited
to, parades, festivals, sporting events, concerts and holiday celebrations.
C.
Customary noise associated with the normal conduct
of businesses within buildings located in the commercial, industrial
and residential districts of the Borough.
D.
Emergency utility line repair at any time or street
repair during the hours of 7:00 a.m. to 10:00 p.m.
Any person violating § 120-3 shall be sent a written notice of the violation with instructions to cease the noise nuisance.
[Amended 2-7-2011 by Ord.
No. 542]
Any person who continues to violate § 120-3 after notice shall be subject to a civil penalty in an amount established from time to time by resolution of Borough Council, plus costs of prosecution, including reasonable attorney’s fees and costs, and, in lieu of payment thereof, to be imprisoned not to exceed 10 days. See Appendix § A200-2.
