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.
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.