The Muhlenberg Township Board of Commissioners
finds that:
A. Excessive noise
and excessive vibration degrade the environment of the Township to
a degree which:
(1) Is harmful
and detrimental to the health, welfare and safety of its inhabitants;
(2) Interferes
with the comfortable enjoyment of life, property and recreation and
with the conduct and operation of business and industry; and
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:
EXCESSIVE VIBRATIONS
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.
PERSON
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.
VIBRATION
An oscillatory motion of solid bodies of deterministic or
random nature described by displacement, velocity or acceleration
with respect to a given reference point.
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.
[Amended 11-7-1988 by Ord. No. 250]
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.