[Adopted by Ord. No. 94-16 (Sec. 15-3 of the 1975 Code)]
It shall be unlawful for any person, company, business entity, partnership or association to make, continue to make, permit, or cause to be made or continued, any excessive, unnecessary or unusually loud noise, which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others, or any noise which any police officer, in the exercise of good judgment and discretion, reasonably determines to be unreasonable due to the nature of the noise, the circumstances under which the noise is made or maintained and the time of day, within the Township of Lower. Furthermore, it shall be unlawful for any person, company, business entity, partnership or association who has custody and control of the premises to allow or permit another person to make, continue, or cause to be made or continued, any excessive, unnecessary or unusually loud noise, which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others, or any noise which any police officer, in the exercise of good judgment and discretion, reasonably determines to be unreasonable due to the nature of the noise, the circumstances under which the noise is made or maintained and the time of day, within the Township of Lower.
For the purpose of this article, the following persons shall be presumed to be in "custody and control":
A. 
An individual owner or owners where the premises are owner occupied.
B. 
The tenant where the premises are leased.
C. 
A manager of a rooming house or boardinghouse.
As used in this article, the following terms shall have the meanings indicated:
PREMISES
A specific dwelling unit, commercial establishment, property, yard, deck, porch, or portion of any real property. Accordingly, by way of example, an owner of a duplex who occupies one unit shall not be presumed to be in custody and control of the remaining unit.
The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this article, but such enumeration shall not be deemed to be exclusive, namely:
A. 
Horns; signaling devices:
(1) 
The continued or repeated sounding of any horn or signaling device on any automobile, motorcycle, streetcar or other vehicle on any street or public place of the Township, except as a danger warning.
(2) 
The creation, by means of any such signaling device, of any unreasonably loud or harsh sound.
(3) 
The sounding of any such device for an unnecessary and unreasonable period of time.
(4) 
The use of any signaling device except one operated by hand or electricity.
(5) 
The use of any horn, whistle or other device operated by engine exhaust.
(6) 
The use of any such signaling device when traffic is held up for any reason.
B. 
Radios; phonographs; musical instruments:
(1) 
The using, operating or permitting to be played, used or operated of any radio receiving set, musical instrument, phonograph, 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, vehicle, chamber or on the premises in which such machine or device is operated and who are voluntary listeners thereto.
(2) 
The operation of any such set, instrument, phonograph, machine or device in such a manner as to be plainly audible at a distance of 50 feet from the building, structure, commercial establishment or vehicle in which it is located shall be prima facie evidence of a violation of this article.
C. 
Loudspeakers; amplifiers for advertising: the using, operating or permitting to be played, used, or operated 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, entertainment or attracting the attention of the public to any building or structure.
D. 
Yelling; shouting: yelling, shouting, hooting, whistling, or singing on the public streets at any time or place so as to annoy or disturb the quiet, comfort, or repose of persons in any office, or in any dwelling, hotel or other type of residence, or of any persons in the vicinity.
E. 
Animals; birds: the keeping of any animal or bird which, by causing frequent or long-continued noise, shall disturb the comfort or repose of any persons in the vicinity.
F. 
Steam whistles: the blowing of any locomotive steam whistle or steam whistle attached to any stationary boiler, except to give notice of the time to begin or stop work or as a warning of fire or danger, or upon request of proper Township authorities.
G. 
Exhausts: the discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor boat, or motor vehicle except through a muffler or other device which shall effectively prevent loud or explosive noises therefrom.
H. 
Defect in vehicle of load: the use of any automobile, motorcycle, or vehicle so out of repair, so loaded or in such manner as to create loud and unnecessary grating, grinding, rattling or other noise.
I. 
Loading; unloading; opening boxes: the creation of a loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and containers.
J. 
Schools; courts; churches: the creation of any excessive noise on any street adjacent to any school, institution of learning, church or court while the same are in use.
K. 
Hawkers; peddlers: the shouting and crying of peddlers, hawkers and vendors which disturbs the peace and quiet of the neighborhood.
L. 
Drums: the use of any drum or other instrument or device for the purpose of attracting attention by creation of noise to any performance, show or sale.
Nothing contained in this article shall be construed to apply to:
A. 
The use of bells, chimes, or sound amplifiers by churches engaged in religious activities.
B. 
Township activities conducted upon public parks, playgrounds, streets or in public buildings under the permission or authority of Township officials, as well as other Township duties carried out in the normal course of business.
A. 
Sound trucks may be operated in accordance with the following regulations upon the issuance of a permit for each occasion and each location:
(1) 
Sound trucks shall not be operated in residential zones in the Township before 9:00 a.m. and after 7:00 p.m.
(2) 
Sound trucks shall not be operated in commercial zones in the Township before 9:00 a.m. and after 7:00 p.m.
(3) 
Moving sound trucks shall keep to the extreme right-hand side of the road and shall proceed at a speed of not less than 10 miles per hour.
(4) 
Stationary sound trucks are prohibited in all residential zones in the Township, but may be operated in commercial zones during the hours referred to above.
B. 
For the purposes of this section "residential zones" shall mean the zones so described on the Zoning Map of the Township, and "commercial zones" shall mean and include all parts of the Township other than residential zones.
Any person, company, business entity, partnership or association found guilty of a violation of this article shall be subject to one or more of the following: a fine not exceeding $1,000; a term of imprisonment in the county jail not exceeding 90 days, or a period of community service not exceeding 90 days. Each separate twenty-four-hour period during which a violation occurs or continues to occur shall be deemed to be a separate and distinct violation.