[A.O.]
The Borough Council of the Borough of Phoenixville, 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 well-being and, 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.
[A.O.]
It shall be illegal 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 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.
[A.O.]
This Part shall not be deemed to prohibit or otherwise declare
unlawful any agricultural operations protected from nuisance suits
by the Act of June 10, 1982, P.L. 454, No. 133, 3 P.S. § 951
et seq.
[A.O.]
Any person, firm or corporation who shall violate any provision
of this Part shall, upon conviction thereof, 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 imprisonment for a term not to exceed 30
days.