Noise Ordinance

Noise Ordinance

3-2     NOISE.

3-2.1   Loud or Unnecessary Noises.

a.     The making, creation or permitting of any unreasonably loud, disturbing or unnecessary noise in the Borough is hereby prohibited.

b.     The making, creating or permitting of any noise of such character, intensity or duration as to be detrimental to the life, health or welfare of any individual, or which for a needlessly lengthy period of time annoys, disturbs, injures or endangers the comfort or repose of any individual, is hereby prohibited.

c.     The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this section, but the enumeration shall not be deemed to be exclusive, namely:

1.     Horns, Signaling Devices, Etc.  The sounding of any horn or signaling device on any automobile, motorcycle, streetcar or other vehicle on any street or public place of the Borough; the creation by means of any such signaling device of any unreasonably loud or harsh sound for any unnecessary period of time; the use of any signaling device, except one operated by hand or electricity; the use of any horn, whistle or other device operated by engine exhaust.

2.     Radios, Phonographs, Etc.  Playing, using, operating or permitting to be played, used or operated any electronic receiving set, musical instrument, phonograph or other machine or device for the production or reproduction of sound with louder volume than is necessary for convenient hearing of the person so playing, using or operating such instrument or device and such persons who are voluntary listeners thereto or in such manner as to disturb the peace, quiet and comfort of neighboring inhabitants.  The use or operation of any such instrument, electronic amplifier, phonograph, machine or device between the hours of 11:00 p.m. and 7:00 a.m. in such manner as to be plainly audible for a distance of one hundred (100') feet, or greater, from the building, structure, vehicle or place in which it is used or operated shall be prima facie evidence of a violation of this section.

3.     Loudspeakers and Amplifiers for Advertising.  The using, operating or permitting to be played, used or operated 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.

4.     Yelling, Shouting, Etc.  Unusual yelling, shouting, hooting, whistling or singing, particularly between the hours of 11:00 p.m. and 7:00 a.m. or at any other time so as to annoy or disturb the quiet, comfort or repose of persons in any office or in any dwelling or other type of residence or of any persons in the vicinity.

5.     Animals, Birds, Etc.  The keeping of any animal or bird which, by causing frequent or long continued noise, shall disturb the comfort or repose of any persons in the vicinity.

6.     Exhausts.  The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motorboat or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.

7.     Loading, Unloading and Opening of Boxes.  The creation of unnecessary noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and containers between the hours of 11:00 p.m. and 6:00 a.m., except in case of urgent necessity.

8.     Construction or Repairing of Buildings.  Creating any audible noise by the erection (including excavating and landscaping), demolition, alteration or repair of any building other than between the hours of 7:00 a.m. and 6:00 p.m., except in case of urgent necessity in the interest of public health and safety.  Incidental construction actually being performed by a property owner on his premises shall be permitted, provided that the noise is not unnecessary.

9.     Schools, Courts, Churches and Hospitals.  The creation of any excessive noise on any street adjacent to any school, institution of learning, church or court while the same are in use, which unreasonably interferes with the workings of such institution or which disturbs, provided that conspicuous signs are displayed in such street indicating that the same is a school or court street.

10.   Hawkers and Peddlers.  The shouting and crying of peddlers, hawkers and vendors which disturbs the peace and quiet of the neighborhood.

11.   Pile Drivers, Hammers, Etc.  The operation between the hours of 6:00 p.m. and 7:00 a.m. on Sunday of any pile driver, stream shovel, pneumatic hammer, derrick, steam or electric hoist or other appliance, the use of which is attended by loud or unusual noise.

12.   Blowers.  The operation of any noise creating blower or power fan or 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 muffled and such engine is equipped with a muffler device sufficient to deaden such noise.

13.   Air Conditioning.  The operating and use of any air conditioning unit or apparatus or any mechanical device, particularly during the hours between 11:00 p.m. and 7:00 a.m. creating an audible noise which annoys or disturbs the quiet, comfort or repose of persons in any dwelling or other type of residence.  "Audible noise" shall mean a sound level in excess of forty-five (45) decibels on the A weighted sound level measured in the center of a room or place wherein the annoyance exists, by a sound level meter conforming to the standards of the American Standard Association, Inc., of New York.

d.     This section shall not be construed to apply to activities in the public parks, school grounds, playgrounds or public buildings under the permission or authority of the municipal or school officials or to activities of the municipal departments in the performance of their duties.  The Borough Council may, upon application made to it, issue permits to civic organizations, churches or similar organizations in connection with the customary activities of such organizations.

        (Ord. #674; 1973 Code §77-1)