[HISTORY: Adopted by the Board of Commissioners
of the Township of Muhlenberg 5-18-1987 by Ord. No. 232 (Ch. 96, Art. III, of
the 1982 Code). Amendments noted where applicable.]
The Muhlenberg Township Board of Commissioners
finds that:
A.
Excessive noise
and excessive vibration degrade the environment of the Township to
a degree which:
B.
No one has any
right to create excessive noise or excessive vibration.
C.
Effective control
and elimination of excessive noise and excessive vibration is essential
to the furtherance of the health and welfare of the Township inhabitants
and to the conduct of the normal pursuits of life, recreation, commerce
and industrial activity.
It is the intent and purpose of this chapter
to prevent excessive noise and excessive vibration and to limit, control
and eliminate excessive noise and excessive vibration, in general,
from whatever source.
As used in this chapter, the following terms
shall have the meanings indicated:
The presence of a vibration or vibrations of such intensity,
duration, frequency or character which annoys, disturbs or causes
or tends to cause adverse psychological or physiological effect on
persons or damages or tends to damage personal or real property.
Any individual, natural person, syndicate, association, partnership,
firm, corporation, institution, agency, authority, department, bureau
or instrumentality of federal, state or local government or other
entity recognized by law as a subject of rights and duties.
An oscillatory motion of solid bodies of deterministic or
random nature described by displacement, velocity or acceleration
with respect to a given reference point.
A.
It shall be unlawful
for a person to willfully make or continue or cause to be made or
continued any loud, unnecessary and unusual noise which disturbs the
peace or quiet of any neighborhood or which causes discomfort or annoyance
to any reasonable person of normal sensitiveness residing in the area.
B.
No person shall
operate or cause to be operated any equipment which shall amplify
the sound so that such amplification causes the sound to be heard
beyond the boundaries of the person's premises.
C.
The standard which
may be considered in determining whether a violation of the provisions
of this section exists shall include but not be limited to the following:
(1)
The level
of the noise.
(2)
Whether the
nature of the noise is usual or unusual.
(3)
Whether the
origin of the noise is natural or unnatural.
(4)
The level
and intensity of the background noise, if any.
(5)
The proximity
of the noise to residential sleeping facilities.
(6)
The nature
and zoning of the area within which the noise emanates.
(7)
The density
of the inhabitation of the area within which the noise emanates.
(8)
The time of
the day and night the noise occurs.
(9)
The duration
of the noise.
(10)
Whether
the noise is recurrent, intermittent or constant.
No person shall discharge or allow the escape
of sound or vibration of a nature which is prohibited by or is in
excess of that permitted by this chapter or which results in or causes
noise or excessive vibration.
Nothing in this chapter shall be construed as
limiting the rights of any person to redress in a court of law for
any injury to person or damage to property caused by noise or excessive
vibration.
A.
The Department
of Police shall be responsible for the administration and enforcement
of this chapter.
[Amended 11-7-1988 by Ord. No. 250[1]]
Any person in violation of this chapter shall,
upon conviction before any Magisterial District Judge, be sentenced
to pay a fine of not less than $60 nor more than $600 for each offense
and, in default of payment of said fine, be imprisoned in Berks County
Prison for a period not exceeding 90 days for each offense.
[1]
Editor's Note: This ordinance also provided
that the fines and penalties may be collected by suit brought in the
name of the Township before any Magisterial District Judge, in like
manner as debts of like amount may be sued for by existing laws, and
to remit such fines and penalties.
