[HISTORY: Adopted by the Borough Council of the Borough of Alpine as § 6-7 (Ord. No. 289) of the 1970 Revised General Ordinances. Amendments noted where applicable.]
No person shall make, continue or cause to be made or continued any loud, unnecessary or unusual noise or any noise which endangers the health, safety or welfare of the community, or which annoys, disturbs, injures, or endangers the comfort, repose, health, peace or safety of others within the borough.
[Amended by Ord. No. 442]
The following acts, among others, are declared to be loud, unnecessary, disturbing, and a danger to the health, safety, and welfare of the community and its people, in violation of § 153-1, but the enumeration shall not be deemed to be exclusive, namely:
Horns, signaling devices. The sounding of any horn or signaling device on any automobile, motorcycle, street car, bus or other vehicle in the borough except as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound; the sounding of any such device for an unnecessary and unreasonable period of time; the use of any horn, whistle or other device operated by engine, exhaust or by compressed air or gas or by vacuum; and the use of any such signaling device when traffic is held up for any reason.
Radios, televisions, phonographs, tape recorders. The use or operation or permitting the playing, use or operation, either indoors or outdoors, of any radio receiving set, television receiver, musical instrument, phonograph, tape recorder or other machine or device for the producing or reproduction of sound in such a manner so 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, chamber or premises in which such machine or device is operated and who are voluntary listeners thereto.
Loudspeakers, amplifiers. The use, operation, or permitting the playing of, use or operation of any receiving set, musical instrument, phonograph, loudspeaker, sound amplifier, tape recorder, 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 for any other purpose, except as authorized by governmental authorities in connection with the enforcement of public emergencies, provided that such devices may be employed in connection with nonprofit charitable, educational, civic, religious or recreational activities in accordance with permits first obtained therefor from the Borough Administrator, pursuant to § 153-4.
Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary jet or internal combustion engine, or motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
Vehicles and their loads. The use of any automobile, motorcycle, truck, or vehicle so out of repair, so loaded, or operated in such a manner as to create loud and unnecessary grating, grinding, rattling or other noise, especially on hill grades.
Construction work. The excavation, grading, paving, erection, demolition, alteration or repair of any premises, street, building or structure at any time on Sundays or legal holidays, or other than between the hours of 9:00 a.m. and 6:00 p.m. on Saturdays or between the hours of 7:00 a.m. and 6:00 p.m. on all other days. Rock hammering, other than for emergency septic work, is prohibited on Saturdays, Sundays and legal holidays. In the case of an emergency, in the interest of public health and safety, if the nature of the emergency will permit the prior procurement of a permit, such work shall be performed only after first obtaining a permit from the Borough Engineer for public street work, or from the Borough Building Official for other work, pursuant to § 153-4 hereof. Such permit may be granted for a period not to exceed three days or less while the emergency continues. Notwithstanding the foregoing, if the Engineer or the Building Official, as the case may be, determines that the public health and safety will not be impaired by such work within the prohibited hours, and if (s)he further determines that loss or inconvenience would result to any party in interest, (s)he may grant permission for such work to be done within the prohibited hours upon application being made at the time the permit for the work is issued or during the progress of the work. The provisions of this subsection shall not apply to interior or exterior repairs or to the interior alterations, the work for which is actually performed by a homeowner or occupant, personally, between the hours of 8:00 a.m. and 10:00 p.m. upon residential premises that are owned by such homeowner or occupied by such occupant, provided the work is done without undue noise or disturbance of the peace and quiet of the neighborhood.
[Amended 7-28-1999 by Ord. No. 554; 11-29-2000 by Ord. No. 579; 11-23-2015 by Ord. No. 755]
Schools, courts, churches and hospitals. The creation of any excessive noise on any street or property adjacent to any school, institution of learning, church or court while it is in use, which unreasonably interferes with the workings of such institution, or which disturbs or unduly annoys patients in the hospital.
Blowers. The operation of any noise-creating blower or power fan on any internal combustion engine, the operation of which causes noise due to the explosion of operating gases or fluids, unless the noise from such blower or fan is adequately muffled and such engine is equipped with a muffler device sufficient to deaden such noises.
Lawnmowers, chainsaws. The operation or use of any power lawnmower or other internal combustion landscaping equipment, including, but not limited to, leaf blowers, vacuums and golf course maintenance equipment or chainsaws between the hours of 10:00 p.m. and 8:00 a.m.
Miscellaneous night noises. When occurring in close proximity to residences between 11:00 p.m. and 7:00 a.m., the warming up or idling of buses, trucks or tractors, and the unnecessary and repeated idling, acceleration and deceleration or starting and stopping of automobiles and motorcycles.
Animals. The keeping of any animal which causes frequent or continued noise plainly audible beyond the property line which shall disturb any person in the vicinity.
No person shall use or operate any facility, machine or instrument, or produce or cause to be produced any sound in the borough when the same produces noise, the sound pressure level of which, measured at the point of annoyance complained of, exceeds 65 decibels between the hours of 8:00 a.m. and 8:00 p.m., or 50 decibels between the hours of 8:00 p.m. and 8:00 a.m., or which is more than 10 decibels above the existing background sound level as measured on the "A" weighting of a sound level meter which conforms to the specifications of the United States of America Standards Institute. The background sound level shall be defined as the sound level present when the offending noise source is silenced. In no instance, however, shall it be necessary to reduce the noise level below 40 decibels between the hours of 8:00 a.m. and 8:00 p.m., or 30 decibels between the hours of 8:00 p.m. and 8:00 a.m. This section is applicable when and where the character and nature of any sound or noise lends itself to measurement, but nothing in this chapter shall be construed in any way to limit any other portion or part of this chapter.
The officer charged with the responsibility of issuing permits for the activities requiring permits in accordance with § 153-2 hereof, shall issue permits for such activities if (s)he finds that the activities will not unduly or unnecessarily annoy, disturb, injure or endanger the comfort, repose, health, peace or safety of others, that the activities will not violate any other ordinance or law or create a public nuisance, and that the public health and safety will not be endangered thereby.
Permits shall specify the dates and hours of the permitted activities, which shall not be allowed between the hours of 10:00 p.m. and 7:00 a.m., unless the issuing officer determines that it is in the best interest of the community that the activities take place wholly or partially during such hours. The issuing officer is authorized to adopt and use such forms of applications and permits as may be reasonably required in the performance of his/her duties. Each application for a permit shall be accompanied by a fee of $2, which shall be payable to the borough.
An applicant for a permit hereunder shall have the right to appeal to the Mayor and Council from the denial of the permit by the issuing officer. Such appeal shall be taken by filing a written notice of appeal addressed to the Mayor and Council at the Borough Hall. Such notice shall be filed within three days after the issuing officer has notified the applicant of the denial of the permit. The Mayor and Council shall act upon the appeal as soon as practicable after receiving the notice thereof and shall give the applicant an opportunity to be heard before taking action. The Mayor and Council may affirm or reverse the issuing officer's denial of the permit or may grant the permit with modifications or conditions.
Nothing in this chapter shall be construed to apply to church bells or chimes, to the playing of bands or orchestras in a hall or building in a manner which will not annoy the peace, comfort and quiet of the neighboring inhabitants, to municipal, county, state or federal government agencies in connection with any emergency, to normal working activities of or activities sponsored by the Borough Council, to warning devices on authorized emergency vehicles or to horns or other warning devices on other vehicles used only for traffic and safety purposes.
In addition to public law enforcement officers and others who by law are entitled to enforce or bring complaints under this chapter, the officers who are designated hereunder for the issuance of permits shall have the power to enforce and bring complaints under this chapter.
[Amended 2-25-1998 by Ord. No. 539]
The penalty shall be as set forth in § 1-17, General penalty.