Township of Franklin, PA
Chester County
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Table of Contents
Table of Contents

§ 2-101 Intent and Purpose.

[Ord. 2000-01, 3/9/2000, § 1]
The Board of Supervisors of Franklin Township, 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, hereby determines that it is necessary for the public interest to provide for the greater control and regulation of excessive sound and sources of excessive sound within the Township with respect to animals and birds.

§ 2-102 Noise Pollution.

[Ord. 2000-01, 3/9/2000, § 2]
It shall be illegal within Franklin Township for any person or entity 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 at any time of the day or night regardless of whether the animal or bird is physically situated in or upon private property. Such noise is determined to be noise pollution; provided, that at the time the animal or bird is making such noise pollution, no person is trespassing or attempting to trespass upon private property in or upon which the animal or bird is situated, nor is there any other legitimate cause which justifiably provokes the animal or bird to make such noise.

§ 2-103 Exceptions.

[Ord. 2000-01, 3/9/2000, § 3]
It shall not be a violation of this Part if such noise or operation which generates such noise is protected from nuisance suits by the Act of June 10, 1982, P.L. 454, No. 133, 3 P.S. § 951 et seq.

§ 2-104 Enforcement and Penalties.

[Ord. 2000-01, 3/9/2000, § 4; as amended by Ord. 2009-05, 8/19/2009]
Any person, firm or corporation who shall violate any provision of this Part, upon conviction thereof in an action brought before a magisterial district judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part continues or each section of this Part which shall be found to have been violated shall constitute a separate offense. The Township Solicitor may resume charge of the prosecution without the consent of the District Attorney.

§ 2-105 Enforcement Officer.

[Ord. 2000-01, 3/9/2000, § 5]
The Board of Supervisors hereby appoints the Zoning Officer and/or Code Enforcement Officer as the enforcement officer. Such enforcement officer shall make the initial determination of ordinance violation and serve the notice of such violation upon the appropriate party or entity.