The Council of the Borough of Wilmerding, 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 Borough of Wilmerding.
It shall be illegal within the Borough of Wilmerding 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.
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 $300 and, in default of payment, to imprisonment
for a term not to exceed 30 days.