This chapter may be known and cited as the “Silverdale
Noise Ordinance.”
The provisions of this chapter shall not apply
to:
A. The emission of sound for the purpose of alerting
persons to the existence of an emergency.
B. The emission of sound in the performance of municipal
service operations or activities.
C. Motor vehicle operations covered in Pennsylvania Department
of Transportation Regulations, Title 67 of the Pennsylvania Code,
Chapter 450, effective August 27, 1977, as amended.
D. Public celebrations specifically authorized by the
Borough.
E. Activities authorized under variances or temporary permits issued under §
340-50E of Chapter
340, Zoning, as amended.
F. The unamplified human voice.
Nothing in this chapter shall be construed as limiting or affecting the enforcement of any provisions of Chapter
340, Zoning, or of the Pennsylvania Crimes Code or any similar or successor ordinances or statutes, provided that violators of this chapter prosecuted by the responsible authorities under provisions of any statute or ordinance defining criminal conduct shall not also be prosecuted or fined hereunder. Nothing in this chapter shall be construed as establishing or defining standards for the determination of whether a common law nuisance exists, nor shall this chapter prevent the Borough or any resident of the Borough from bringing a common law nuisance action to prevent or stop vexatious conduct constituting a nuisance under principles of law. Conduct not specifically proscribed hereunder shall not be deemed to be approved or made acceptable by or within the Borough.
Any person, partnership or corporation who shall
violate any provision of this chapter shall, upon conviction thereof,
be sentenced to pay a fine of not more than $600, and costs of prosecution.
In default of payment of such fine and costs, such person, the members
of such partnership or the officers of such corporation shall undergo
imprisonment for not more than 30 days, provided that each violation
of any provision of this chapter, and each day the same is continued,
shall be deemed a separate offense. All fines shall be paid to the
Borough.