[HISTORY: Adopted by the Board of Commissioners
of the Township of Hatfield 2-27-2013 by Ord. No. 643.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Alarms — See Ch. 71.
Animals — See Ch. 79.
Firearms and other weapons — See Ch. 143.
Peace and good order — See Ch. 199.
Peddling and soliciting — See Ch. 202.
Motorized vehicles — See Ch. 269.
[1]
Editor's Note: This ordinance also repealed former Ch. 184,
Noise, adopted 7-25-1990 by Ord. No. 400 (Ch. 6, Part 3, of the 1994
Code), as amended.
For the purposes of this chapter, the following words shall
have the following meanings:
Any sound that annoys or disturbs a reasonable person with
normal sensitivities, or any sound that injures or endangers the comfort,
repose, health, hearing, peace or safety of other persons.
An individual, or any association, partnership, corporation,
company, sole proprietorship, or other business entity, including
any officer, employee, workman or agent thereof.
It shall be unlawful for any person to cause or to permit to
occur any noise disturbance in Hatfield Township.
The following acts are declared to be noise disturbances in
violation of this chapter. Noise disturbances include, but are not
limited to, the following:
A.
Operating or causing to be operated any motorized or power equipment
outdoors or inside an open garage or open shed outside the hours of
7:00 a.m. and 8:00 p.m. Mondays through Saturdays and 8:00 a.m. and
6:00 p.m. on Sundays on property that is zoned or used for a nonresidential
purpose or on residential property where a permit for the work being
performed has been issued or is required.
B.
Music or similar sounds which emanate from a social gathering which
can be heard beyond the boundaries of the property on which the event
is occurring after 10:00 p.m.
C.
Intermittent yet repetitive or sustained sound which emanates from
business activity on a property which can be heard beyond the boundaries
of the property on which the business activity is occurring outside
the hours of 7:00 a.m. to 10:00 p.m.
D.
Using or operating any recreational gas-powered off-road vehicles,
including, but not limited to, all-terrain vehicles (ATVs), snowmobiles
and dirt bikes, outside the hours of 9:00 a.m. through sunset Monday
through Saturdays, nor before 10:00 a.m. and after sunset on Sundays
and legal holidays.
The provisions of this chapter shall not apply to:
The Board of Commissioners, or its designee, may waive the prohibitions
set forth in this chapter when compliance with any provision is shown
to the satisfaction of the Board of Commissioners or its designee
to be unreasonable or to cause undue hardship due to peculiar conditions
pertaining to the activity in question, provided that any such modification
of the provisions of this chapter can be demonstrated to provide sufficient
protection from a noise disturbance. Any waiver pursuant to this section
shall be permitted only upon written request submitted by the person
subject to the prohibitions contained herein.
A.
This chapter shall be enforced by the Hatfield Township Police Department
and the Hatfield Township Department of Code Enforcement.
B.
A violation or violations of this chapter may be the cause for the
issuance of a non-traffic citation to the violator(s); provided, however,
that in lieu of the issuance of a non-traffic citation, enforcement
personnel may issue a warning notice to the violator(s), in writing,
which may be served personally or by certified mail, return receipt
requested, to the last known address of the violator(s). The notice
shall state the nature of the violation and a specific time period
for the correction and abatement of the violation. Failure to comply
with the notice shall constitute a violation of this chapter. If the
violator(s) is a business entity or its agents, servants, workmen
or other representative(s) of the business entity, the address of
the business entity shall be presumed to be the correct mailing address
for such business entity.
C.
The violation of this chapter is declared to be a public nuisance
and may be subject to abatement summarily by a restraining order or
injunction issued by a court of competent jurisdiction or in any other
manner available for the abatement of public nuisances.
D.
Any remedy available pursuant to this chapter shall be considered
separate and not exclusive of any other remedy available hereunder.
E.
Nothing in this chapter shall be construed to impair any cause of
action or legal remedy of any person for injury or damage arising
from any violation of this chapter.
A.
If upon conviction of a summary offense by a court of competent jurisdiction
it is determined that a violation of this chapter has occurred, and,
if the violator is an individual who is not a business entity, the
violator shall be sentenced to pay a fine of not less than $50 and
not more than $200, plus all court costs and reasonable attorneys'
fees.
B.
If after a summary proceeding in a court of competent jurisdiction
it is determined that a violation of this chapter has occurred, and,
if the violator is an individual who is a business entity, the violator
shall be sentenced to pay a fine of not less than $200 and not more
than $600, plus all court costs and reasonable attorneys' fees.
