[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.[1]
[1]
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.
