The Supervisors of East Brandywine Township, 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 therefor 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 East Brandywine Township.
As used in this article, the following terms shall have the
meanings indicated:
NOISE DISTURBANCE
Any sound which:
A.
Endangers or injures the safety or health of humans or animals;
B.
Annoys or disturbs a reasonable person of normal sensitivities;
or
C.
Endangers or injures personal or real property.
It shall be illegal within East Brandywine Township 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 one-half hour
or more which results in a noise disturbance to any person at any
time of the day or night regardless of whether the animal or bird
is physically situated in or upon private property, said noise disturbance
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 the nuisance suits
by Act 1982, June 10 PL. 454, No. 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/or to imprisonment for a term not
to exceed 90 days.