[HISTORY: Adopted by the Borough Council of the Borough of Adamstown as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-7-1988 by Ord. No. 227 (Ch. 2, Part 1, of the 1990 Code of Ordinances)]
The Council of the Borough of Adamstown, finding that excessive levels of sound are detrimental to the physical, mental and social well-being of the people as well as to their comfort, living conditions, general welfare and safety and being, therefore, a public health and welfare hazard, hereby declares it to be necessary to provide for the greater control and more effective regulation of excessive sound and the sources of excessive sound within the Borough of Adamstown.
The following words, terms and phrases, when used in this article, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning:
- Any sound which: (1) endangers or injures the safety or health of humans or animals; or (2) annoys or disturbs a reasonable person of normal sensitivities.
- Any sound which annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans.
- Any individual, association, partnership or corporation. Whenever used in any clause prescribing and imposing a penalty, "person" includes the individual members, partners, officers and managers, or any of them, of partnerships and associations and, as to corporations, the officers and manager thereof, or any of them.
- Vibrations in air or another medium that stimulate the auditory nerves and produce the sensation of hearing.
It shall be illegal within the Borough of Adamstown 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 makes 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 other legitimate cause which justifiably provoked the animal or bird.
The noise from any of the aforesaid prohibited acts that disturbs two or more residents who are in general agreement as to the times and duration of the noise and who reside in separate residences, including apartments and condominiums, shall be prima facie evidence of a noise disturbance. This section shall not be interpreted to preclude prosecution based upon the complaint of a single resident and/or the observations of any law enforcement officer.
This article shall not be deemed to prohibit or otherwise declare unlawful any agricultural operations protected from nuisance suits by Act No. 1982-133.
Editor's Note: See 3 P.S. § 951 et seq. , the Right to Farm Law.
[Amended 10-2-1990 by Ord. No. 244]
Any person who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a minimum fine of not more than $50 and a maximum fine of not more than $600 or, in default of payment, shall be subject to imprisonment not to exceed 30 days.
[Adopted 8-3-2010 by Ord. No. 355]
This article shall be known and may be cited as the "Adamstown Borough Animal Nuisance Ordinance."
As used in this article, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context.
- Any breed of dog.
- The Borough of Adamstown, Lancaster and Berks Counties, Pennsylvania.
- CODE ENFORCEMENT OFFICER
- The person appointed by Borough Council to enforce this and/or other police power ordinances of the Borough.
- When applied to the proprietorship of an animal, the term includes every person having a right of property in such animal and every person who keeps or harbors such animal or has such animal in his or her care and every person who permits such animal to remain on or about any premises occupied by the person.
- POLICE DEPARTMENT
- Any municipal or regional police department providing police protective services within the Borough.
It shall be unlawful for the owner of any animal to allow any of the following nuisances:
The soiling, defiling, defecating or other similar activities by the animal upon public property without immediately removing the same and disposing of the same in a sanitary manner.
The soiling, defiling, defecating or other similar activities by the animal upon property of a person other than the owner of the animal without the permission of the owner or occupant of such property without immediately removing the same and disposing of the same in a sanitary manner.
Maintenance of the animal's pen or area in which the animal is kept in unsanitary conditions or in a condition which produces offensive, obnoxious or foul odors.
This article shall be enforced by the Code Enforcement Officer.
Any person, firm, partnership, association or corporation, or the members of such firm, partnership, association or corporation, who or which shall violate any provisions of this article shall, upon conviction thereof, be sentenced to pay a fine of not less than $50 nor more than $500, plus costs, for each violation. Each day that a violation continues shall constitute a separate offense.