City of Coatesville, PA Article III Excessive Noise

[Adopted 8-10-1998 by Ord. No. 1079-98]

§ 72-38 Purpose; greater restrictions.

A. This article is enacted to regulate animal noise disturbances within the City of Coatesville in order to promote the health, safety, peace, tranquility and general welfare of its inhabitants.

B. Where the provisions of this article impose greater restrictions than those of any other statute, ordinance, regulation or resolution, the provisions of this article shall be controlling. Where the provisions of any other statute, ordinance, regulation or resolution impose greater restrictions than this article, the provision of such other statute, ordinance, regulation or resolution shall be controlling.

§ 72-39 Definitions.

The following definitions shall be added and apply in the interpretation and enforcement of this article:

ANIMAL

Any domestic animal or fowl, any wild animal or any household pet including birds.

DOMESTIC ANIMAL

Any animal normally or ordinarily domesticated or raised in this area or climate as livestock or for work or breeding purposes or normally or ordinarily kept as a household pet.

HOUSEHOLD PET

Any dog, cat or other domestic animal normally and ordinarily kept in or permitted to be at large in the dwelling of its owner.

KEEPER

Any person, firm or corporation owning or actually keeping, having, using or maintaining any of the animals herein referred to.

OFFICER

Any police officer or duly appointed Animal Control Officer.

PERSON

Any person, firm, partnership, association or corporation.

WILD ANIMAL

Any animal, including bird, fowl, feline or canine not normally or ordinarily domesticated, not normally or ordinarily raised in this area and climate as livestock or for work or breeding purposes, or not capable of being kept as a household pet.

§ 72-40 Regulated animals

This article shall apply to the following animals:

Cage birds (the term includes parrots, other tropical birds and other birds ordinarily kept in cages in household.)

Cats

Dogs

Vietnamese pot bellied pigs

§ 72-41 Prohibited acts.

It shall be unlawful for any person to allow any regulated animal, as described above, to bark, bay, cry, grunt, screech, squawk, squeal, yowl or make any other noise either continuously and/or incessantly for a period of 10 minutes or more or make such noise intermittently for 1/2 hour or more when such noise disturbs the peace and tranquility of others, regardless of whether the animal is physically situated in or upon private property.

§ 72-42 Enforcement authority.

The provisions of this article will be enforced by the Police Department as defined by "officer" in the definitions. The officer is hereby authorized to enter upon any premises within the City of Coatesville for the purposes of investigating possible violation(s) of this article.

§ 72-43 Violations and penalties.

Any person who shall violate this article shall, upon conviction thereof, be sentenced to pay a fine of not less than $50 and not exceeding $600, plus court costs, and, in default of payment, to undergo imprisonment for a term not to exceed 30 days. Each day that a violation of this article continues shall constitute a separate offense.

§ 72-44 Repealer.

All ordinances or parts of ordinances that are inconsistent herewith are hereby repealed.

§ 72-45 Severability.

If any sentence, clause, section or part of this article is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this article.

§ 72-46 When effective.

This article shall become effective 30 days after publication following final adoption.