[HISTORY: Adopted by the Board of Supervisors of the Township
of West Pike Run 9-9-2013 by Ord.
No. 2013-3. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Noise is any sound emitted by a person, animal, vehicle,
appliance, equipment or other device and its environmental interaction.
Any person appointed by the Township with responsibility
to enforce municipal ordinances; or, any sworn member of the Township
Police Department.
Any person owning, leasing, occupying or having charge of
any premises within the Township.
Any natural person, firm, partnership, association, corporation,
company or organization of any kind.
West Pike Run Township, Washington County, Pennsylvania.
Any device, or combination of devices, used for or capable
of being used for transporting persons or property. Vehicles include,
but are not limited to, the following: automobiles, trucks, buses,
motorcycles, motorized bicycles, snowmobiles, scooters, all-terrain
vehicles, go-carts, racers and like devices, farm machinery, industrial
machinery, highway graders, trailers, graders and semitrailers.
A.
It shall be unlawful for any person to make, continue, or cause to
be made or continue any loud, unnecessary or unusual noise or any
noise which either annoys, disturbs, injures or endangers the comfort,
repose, health, peace or safety of others, within the limits of the
Township, provided that noises created in the normal and reasonable
course of a legitimate business activity shall not be deemed illegal.
B.
The following acts, among others, are declared to be loud, disturbing
and unnecessary noises in violation of this chapter, but said enumeration
shall not be deemed to be exclusive, namely:
(1)
Horns, signaling devices, etc.: sounding any horn or signaling device
on any automobile, motorcycle, or other vehicle on any street or public
place of the Township except as a danger warning; creating, by means
of any such signaling device, any unreasonable loud or harsh sound;
or the sounding of any such device for any unnecessary or unreasonable
period of time.
(2)
Radios, phonographs, television sets, etc.: using, operating or permitting
the playing, use or operation of any radio receiving set, television
set, musical instrument, phonograph, tape player or other machine
or device for the producing or reproducing of sound in such manner
as to disturb the peace, quiet and comfort of the neighboring inhabitants
or at any time with louder volume than is necessary for convenient
hearing for the person or persons who are in the room or vehicle in
which such machine or device is being operated. The operation of any
such set, instrument, phonograph, machine or device between the hours
of 10:00 p.m. and 7:00 a.m. in such a manner as to be plainly audible
at a distance of 50 feet from the building, structure or vehicle in
which it is located shall be prima facie evidence of a violation of
this section.
(3)
Loudspeakers, amplifiers for advertising: using, operating or permitting
the playing, use or operation of any radio receiving set, musical
instrument, phonograph, loudspeaker, sound amplifier or other machine
or device for the producing or reproducing of sound which is cast
upon the public streets for the purpose of commercial advertising
or attracting the attention of the public to any building or structure
except in the course of legitimate business activity or auction sales.
(4)
No person shall make, permit or cause to be made, any excessive noise
of any kind by crying, calling or shouting, or by means of any whistle,
rattle, bell, gong, clapper, hammer, drum, horn, hand organ, mechanically
operated piano, other musical instrument, wind instrument, mechanical
device, radio, phonograph, sound-amplifying or other similar electronic
device.
(5)
No person owning, or in possession or control of any building or
premises, shall use the same, permit the use of the same, or rent
the same to be used for any business or employment or residential
use, or for any purpose of pleasure or recreation, if such use shall,
by its boisterous nature, disturb or destroy the peace of the neighborhood
as measured at the property line in which such building or premises
is situated, or be dangerous or detrimental to health.
(6)
Exhausts: the discharge into the open air of the exhaust of any stationary
internal combustion engine, or motor vehicle except through a muffler
or other device which will effectively prevent loud or explosive noise
therefrom.
(7)
No person shall keep, or permit to be kept, harbor, or otherwise
maintain any animal which shall disturb the quiet of any public street
or other public place, or of any neighborhood; provided, however,
that a "noisy animal" shall be defined as one or more animals which
makes noise habitually, so as to constitute annoyance to a person
of ordinary sensibilities.
C.
Any person violating any of the sections of this chapter shall, upon
conviction thereof before any Magisterial District Judge, be sentenced
to pay a fine of not less than $25 and not more than $300, together
with costs of prosecution, and, in default of payment thereof, may
be sentenced and committed to imprisonment for a period not to exceed
30 days. Said fine and costs may be collected by suit or summary proceedings
brought in the name of West Pike Run Township.
If any section, subsection, paragraph, sentence, clause or phrase
of this chapter shall be declared invalid for any reason whatsoever,
such decision shall not affect the remaining portions of this chapter
which shall remain in full force and effect, and, for the purpose
of this section, the provisions of this chapter are hereby declared
to be severable.
