The Board of Commissioners of the Township of Upper Chichester,
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.
It shall be illegal within the Township of Upper Chichester
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 attempting to trespass upon private property in or upon
which the animal or bird is situated.
This article shall not be deemed to prohibit or otherwise declare
unlawful any agricultural operations protected from the nuisance suits
by Act No. 1982-133.
[Amended 12-8-1988 by Ord. No. 465]
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, together with the costs of prosecution,
and, in default of payment of such fine and costs, shall be subject
to imprisonment for a term not to exceed 30 days. Every day that a
violation of this article continues shall constitute a separate offense.