[Ord. 265, 5/2/1990, § 22]
1. It shall be illegal within the Township of Richland for any person
or persons to own, possess, harbor, or control any animal or bird
which makes any noise continuously and/or incessantly for a period
of 10 minutes or make such noise intermittently for 1/2 hour or more
to the disturbance of any person any time of the day or night regardless
of whether the animal or bird is physically situated in or upon private
property, said noise being a nuisance: provided 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 nor is there any legitimate cause which justifiably provoked
the animal or bird.
3. Intermittent Noise. An intermittent noise is a noise whose sound
level exceeds the ambient noise levels at least twice during the observation,
which is one minute or more. The period of time during which the level
of the noise remains at an essentially constant value different from
that of the ambient is on the order of one second or more.
[Ord. 265, 5/2/1990, § 22]
1. Notice to Abate. Any emission of noise which is a violation of the
ordinance herein described shall be deemed and is hereby declared
to be a public nuisance and may be abated, in addition to the administrative
proceedings, fines and penalties, herein provided. Any police officer
making the observation of the unlawful disturbance shall notify the
owner of the animal or bird or any person in residence of the property
on which the animal or bird is observed to abate the disturbance.
Such abatement shall require the disturbing animal or bird to be taken
indoors and quieted during the hours of 7:00 p.m. to 7:00 a.m. of
the following day and each day thereafter. Any disturbance by the
same animal or bird after the notice to abate having been given shall
subject the owner or any resident of the property that could control
the disturbing animal or bird to a citation for violation of this
Part and the resultant penalties set forth herein.
2. Nothing in this Part shall be construed to impair any cause of action,
or legal remedy thereof, of any person or the public for injury or
damage arising from the emission of any noise made by an animal as
provided in this Part.
[Ord. 265, 5/2/1990, § 22; as amended by Ord. 278,
9/18/1991; by Ord. 325, 7/3/1996; by Ord. 336, 2/5/1997; and at time
of adoption of Code (see Ch. AO)]
Any person who violates or permits a violation of this Part
shall, upon being found liable therefor in a civil enforcement proceeding
commenced by the Township before a Magisterial District Judge, pay
a fine of not more than $600, plus all court costs, including reasonable
attorneys’ fees, incurred by the Township in the enforcement
of this Part. If the defendant neither pays nor timely appeals the
judgment, the Township may enforce the judgment pursuant to the applicable
Rules of Civil Procedure. Each day a violation exists shall constitute
a separate offense. Further, the appropriate officers or agents of
the Township are hereby authorized to seek equitable relief, including
injunction, to enforce compliance herewith.