[Ord. 284, 7/10/2002, § 1]
For the purposes of this Part, the following terms, phrases,
words and their derivations shall have the meaning given herein. When
not inconsistent with the context, words used in the present tense
include the future, words in the plural number include the singular
number, and words in the singular number include the plural number
and the word "shall" is always mandatory and not merely directory.
A person owning, leasing, occupying or having charge of any
premises within the Township.
Any natural person, firm, partnership, association, corporation,
company or organization of any kind.
The Township of Plainfield, Northampton County, Pennsylvania.
[Ord. 284, 7/10/2002, § 2; as amended by A.O.]
1.
It shall be unlawful for any person to make, continue, or cause to
be made or continued and/or incessantly for a period of 10 minutes
or makes such noise intermittently for more than 30 minutes, any loud,
unnecessary or unusual noise or any noise which either annoys, disturbs,
injures or endangers the comfort, repose, health, peace or safety
of others, across a residential real property line of over 50 feet:
provided, that noises created in the normal and reasonable course
of a legitimate business activity shall not be deemed illegal.
2.
The following acts, among others, are declared to be loud, disturbing
and unnecessary noises in violation of this Part, but said enumeration
shall not be deemed to be exclusive, namely:
A.
Horns, Signaling Devices, Etc. Sounding any horn or signaling device
on any automobile, motorcycle, street car or other vehicle on any
street or public place of the Township except as a danger warning;
creating, by means of any such signaling device, any unreasonably
loud or harsh sound; or the sounding of any such device for any unnecessary
or unreasonable period of time.
B.
Radios, Tape Players, Television Sets, Musical Instruments, Electronic
Amplification Equipment and Similar Devices. Operating, playing or
permitting the operation or playing of any radio, television, phonograph,
drum, musical instrument, sound amplifier, automobile stereo or high
fidelity equipment or similar device which produces or amplifies sound
at any time of the day in such manner from any source as to create
a noise disturbance.
C.
Loud Speakers, Amplifiers for Advertising. Using, operating or permitting
the playing, use or operation of any radio receiving set, musical
instrument, phonograph, loudspeaker, sound amplifier or other machine
or device for the producing or reproducing of sound which is cast
upon the public streets for the purpose of commercial advertising
or attracting the attention of the public to any building or structure
except in the course of legitimate business activity or auction sales.
D.
Yelling, Shouting, Etc. Yelling, shouting, hooting, whistling or
singing on the public streets so as to annoy or disturb the quiet,
comfort, or repose of persons in any dwelling, hotel or other type
of residence, or of any persons.
E.
Exhausts. The discharge into the open air of the exhaust of any stationary
internal combustion engine, or motor vehicle except through a muffler
or other device which will effectively prevent loud or explosive noises
therefrom.
F.
Vehicle Repairs and Testing. Repairing, rebuilding, testing or driving
any motor vehicle, motorcycle, ATV, snowmobile, or other motor vehicles
in such a manner as to cause a noise disturbance.
G.
Any Vehicle Which Propelled or Drawn on Land, Such As, but Not Limited
To, Passenger Cars, Trucks, Truck-trailers, Campers, Go-carts, Snowmobiles,
Amphibious Crafts on Land, Dune Buggies, Racing Vehicles, Motorcycles,
ATV or Radio-controlled Vehicles Radio-control (Powered Model) Vehicle.
Any self-propelled or airborne, waterborne or land plane, vessel or
vehicle, which is not designed to carry persons, including but not
limited to, any model airplanes, boat, car or rocket.
H.
Disorderly Houses. No person shall visit, occupy, or frequent any
house or building of any sort or description in the Township, and
behave therein in a loud, tumultuous or disorderly manner to the disturbance
of the peaceable residents nearby.
3.
Any person, firm or corporation who shall violate any provision of
this Part, upon conviction thereof in an action brought before a magisterial
district judge in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
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 a term of imprisonment
not to exceed 90 days. Each day that a violation of this Part continues
or each section of this Part which shall be found to have been violated
shall constitute a separate offense.
4.
This Part shall not be deemed to prohibit or otherwise declare unlawful
any agricultural operations protected from nuisance suits by Act No.
1982-133, 3 P.S. § 957 et seq.
