[Adopted 11-18-2009 by Ord. No. 13-2009]
The City Council of the City of Nanticoke, finding that excessive
levels of sound are detrimental to the physical, mental and social
well-being of the residents of the City 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 City of Nanticoke.
It shall be unlawful within the City of Nanticoke for any person
or persons to own, possess, harbor or control any animal which makes
any unreasonable noise continuously and/or incessantly for a period
of 30 minutes or more or makes such noise intermittently for one hour
or more to the disturbance of any person during any time of the day
or night, regardless of whether the animal is physically situated
in or upon private property, said noise being declared a nuisance,
provided that, at the time the animal is making such noise, no person
is trespassing or threatening to trespass upon private property in
or upon which the animal is situated nor is there any other legitimate
cause which justifiably provokes the animal.
This article 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.) to the extent that such operations are permitted in the City.
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 $100 plus costs and, in default of payment
of said fine and costs, to imprisonment for a term not to exceed 30
days. Each day that a violation of this article continues shall constitute
a separate offense.
