The Borough Council of the Borough of Freedom, 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 and being therefore a public health and welfare hazard, hereby
declares it to be necessary to provide for the greater control and more effective
regulation of excessive sound and the sources of excessive sound within the
borough.
It shall be unlawful within the borough for any person or persons to
own, possess, harbor or control any animal or bird which makes any noise continuously
and/or incessantly for a period of ten (10) minutes or makes such noise intermittently
for one-half (1/2) hour or more to the disturbance of any person any time
of the day or night, regardless of whether the animal or bird is physically
situate in or upon the private property, said noise being a nuisance, provided
that at the time the animal or bird is making such noise, no person is trespassing
or threatening to trespass upon private property in or upon which the animal
or bird is situate nor is there any other legitimate cause which justifiably
provokes the animal or bird.
This Article shall not be deemed to prohibit or otherwise declare unlawful
any agricultural operations protected from nuisance suits by Act No. 1982-133,
3 P.S. § 951 et seq.
Any person, firm, or corporation who shall violate any provisions of
this Article shall, upon conviction thereof, be sentenced to pay a fine of
not more than six hundred dollars ($600.) plus costs and, in default of payment
thereof, to imprisonment for a term not to exceed thirty (30) days.
