[Adopted 2-16-2021 by Ord. No. 2021-03]
The purpose and scope of this article is to ensure that public
health, safety and welfare shall not be abridged by the making or
creating of public nuisances from disturbing or excessive noises in
Westtown Township and to protect the physical, mental and social well-being
of the residents of Westtown Township by prohibiting such noise and/or
sound.
As used in this article, the following terms shall have the
meanings indicated unless a different meaning clearly appears from
the context:
NOISE
Any sound emitted by a person, an appliance, equipment, an
instrument or other device.
PERSON
Any individual, association, trust, partnership or corporation,
including any members, directors, officers, employees, partners or
principals thereof. Whenever used in any clause prescribing and imposing
a penalty, "person" includes the members, trustees, partners, directors,
officers, managers and supervisors, or any of them, of partnerships,
associations, corporations or other forms of entity.
UNREASONABLE NOISE
Noise that is above and beyond the ordinary noises associated
with the appropriate and customary uses of the particular forum in
which the sound is made, taking into account the time of day, day
of week, location, and/or other relevant factors, and such noise is
of such a volume, frequency, pattern, or duration that it prevents,
disrupts, injures, or endangers the health, safety, welfare, comfort
or repose of reasonable persons of ordinary sensitivities within Westtown
Township.
Any person who violates or permits the violation of any provision
of this article shall, upon conviction thereof in a summary proceeding
under the Pennsylvania Rules of Criminal Procedure before the Magisterial
District Justice, be guilty of a summary offense and sentenced to
pay a fine of not less than $300 for the first offense, and not less
than $750 for any subsequent offenses in a 120-day period. The defendant
shall also be liable for all court costs, including reasonable counsel
fees, incurred by the Township in the enforcement proceeding. Upon
default of payment thereof, the defendant may be sentenced to imprisonment
in the county prison for a period of not more than 30 days. Each section
or provision of this article that is violated shall constitute a separate
offense, and each day or portion thereof in which a violation of this
article is found to exist shall constitute a separate offense, each
of which shall be punishable by a separate fine imposed by the Magisterial
District Justice in the amounts specified above, plus the costs of
prosecution, including reasonable counsel fees. Upon default of payment
thereof, the defendant may be sentenced to imprisonment in the county
prison for a term of not more than 30 days.