[Adopted 3-8-1993 by Ord. No. 1513 (Ch. 2, Part 4, of the
1995 Code)]
The Council of the City of DuBois, 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 City of DuBois.
It shall be illegal within the City of DuBois 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.[1]
[1]
Editor's Note: See the Right to Farm Law, 3 P.S. § 951
et seq.
[Amended 7-24-1995 by Ord. No. 1544; at time of adoption
of Code revisions (see Ch. 1, General Provisions, Art. II)]
Any person, firm or corporation who shall violate any provision
of this article shall, upon conviction thereof, be sentenced to pay
a fine of not more than $1,000 plus costs and, in default of payment,
to imprisonment for a term not to exceed 90 days.
