The following acts, and the causing thereof, are declared to be noise disturbances and therefore in violation of this chapter:
(a) Radios, Television Sets, Musical Instruments and Similar Devices. Operating, playing or permitting the operation or playing of any radio, television, phonograph, drum, musical instrument, sound amplifier, automobile radio, automobile stereo or high fidelity equipment or similar device which produces, reproduces or amplifies sound:
(1) At any time in such a manner as to cause a noise disturbance across a property line (boundary), or between the hours of 10:00 p.m. and 7:00 a.m. of the following day so as to be plainly audible across a property line (boundary);
(2) In such a manner as to create a noise disturbance across a property line (boundary) or within fifty feet from such device, whichever is less, when the device is operated in or on a motor vehicle, or hand-carried, on a public right of way or in public space; or
(3) In such a manner as to create a noise disturbance for any person other than the operator of the device, when operated by any passenger on a common carrier.
(b) Yelling and Shouting. Engaging in loud or raucous yelling, shouting, hooting, whistling or singing:
(1) On the public streets between the hours of 10:00 p.m. and 7:00 a.m. of the following day; or
(2) At any time or place in such a manner as to create a noise disturbance.
(c) Construction Tools or Equipment. Operating or permitting the operation of any tools or equipment used in construction operations, drilling or demolition work:
(1) Between the hours of 10:00 p.m. and 7:00 a.m. of the following day on weekdays and Saturdays or at any time on Sundays or legal holidays, such that the sound therefrom creates a noise disturbance across a residential real property line (boundary), except for emergency work; or
(2) At any other time such that the sound level at or across a real property line (boundary) exceeds eighty-five dB(A) for a period of one hour.
This subsection shall not apply to the use of domestic power tools as provided in subsection (d) hereof.
(d) Domestic Power Tools. Operating or permitting the operation of any mechanically powered saw, drill, sander, grinder, lawn or garden tool, snowblower or similar device used outdoors in residential areas between the hours of 10:00 p.m. and 7:00 a.m. of the following day so as to cause a noise disturbance across a residential property line (boundary), except in an emergency.
(e) Loading and Unloading. Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans, or similar objects between the hours of 10:00 p.m. and 7:00 a.m. of the following day in such a manner as to cause a noise disturbance across a residential property line (boundary). This subsection shall not apply to Municipal or utility services in or about the public rights of way.
(f) Animals and Birds. Owning, possessing, harboring or controlling any animal or bird which howls, barks, meows, squawks, or makes other sounds continuously and/or incessantly for a period of ten minutes or makes such noise intermittently for one-half hour or more to the disturbance of any person at any time of the day or night regardless of whether the animal or bird is situated in or upon private property, provided, however, that at the time the animal or bird is making such noise, no person is trespassing or threatening to trespass upon private property in or upon which the animal or bird is situated or for any other legitimate cause which teased or provoked the animal or bird.
(g) Powered Model Vehicles. Operating or permitting the operation of powered model vehicles so as to create a noise disturbance across a residential property line (boundary) between the hours of 10:00 p.m. and 7:00 a.m. of the following day.
(h) Street Sales. Offering for sale or selling by shouting or outcry or by any other amplified or unamplified sound within any residential or commercial area of the Borough, except between the hours of 7:00 a.m. and 10:00 p.m., and at no time in such a manner as to violate Section 650.06 relating to sound levels by districts.
(i) Tampering.
(1) The removal or rendering inoperative by any person, other than for the purposes of maintenance, repair or replacement, of any muffler or sound dissipative device or element of design or noise label of any product.
(2) The intentional moving or rendering inaccurate or inoperative of any sound monitoring instrument or device positioned by or for the Bureau of Police, provided such device, or the immediate area, is clearly labeled in accordance with noise control regulations, to warn of the potential illegality.
(3) The use of a product which has had a muffler or sound dissipative device or element of design or noise label removed or rendered inoperative, with knowledge that such action has occurred.
(j) Vehicle, Motorboat or Aircraft Repair and Testing. Repairing, rebuilding or testing any motor vehicle, motorcycle, motorboat, or aircraft in such a manner as to cause a noise disturbance across a residential real property line (boundary).
(Ord. 2264. Passed 4-17-00.)