The Board of Supervisors of the Township of Middletown, 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 Township of Middletown.
It shall be illegal within the Township of Middletown 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 10 minutes or makes such noise intermittently for 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 situated in or upon 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 situated nor is there any other legitimate cause
which justifiably provoked 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.).
[Amended 6-23-1998 by Ord. No. 98-08]
Any person, firm or corporation who shall violate any provision
of this article, 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 article continues
or each section of this article which shall be found to have been
violated shall constitute a separate offense.
