It shall be unlawful for any person to willfully make or continue or cause to be made or continued, or permit any animal, vehicle, and/or equipment subject to the control or operation of said person, of any loud, unnecessary or unusual noise which disturbs the peace of mind of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitivity residing in the area. Such unlawful loud, unnecessary or unusual noise is hereby defined as "noise disturbance." Also, that which is set forth in §
238-3 of this chapter is also and alternatively defined as "noise disturbance."
The standards which shall be considered in determining whether
a violation of the provisions of this chapter exists shall include,
but not be limited to, the following:
B. The intensity of the noise.
C. Whether the nature of the noise is usual or unusual.
D. Whether the origin of the noise is natural or unnatural.
E. The volume and intensity of the background noise, if any.
F. The proximity of the noise to residential sleeping facilities.
G. The nature and zoning of the area within which the noise emanates.
H. The density of the inhabitation of the area within which the noise
emanates.
I. The time of the day or night the noise occurs.
J. The duration of the noise.
K. Whether the noise is recurrent, intermittent, or constant.
L. Whether the noise is produced by a commercial or noncommercial activity.
It shall be the duty of the Borough Police Department, Code
Enforcement Officer and other officials authorized to do so by the
Borough to enforce the terms of this chapter and secure compliance
with the requirements thereof.
Any person who shall violate any provision of this chapter shall,
upon conviction thereof, be sentenced to pay a fine not exceeding
$300 and costs and, in default of payment thereof, shall be subject
to imprisonment for a term not to exceed 30 days. Each day that a
violation of this chapter continues shall constitute a separate offense.
If any sentence, clause, section or part of this chapter is
for any reason found to be unconstitutional, illegal or invalid, such
unconstitutionality, illegality or invalidity shall not affect or
impair any of the remaining provisions, sentences, clauses, sections
or parts of the chapter. It is hereby declared as the intent of the
Borough of Coudersport that this chapter would have been adopted had
such unconstitutional, illegal or invalid sentence, clause, section
or part thereof not been included herein.
To the extent, if any, that other ordinances of the Borough
of Coudersport purport to regulate noise, this chapter shall take
precedence in defining whether a violation of law is occurring. Such
other ordinances, if any, shall still be effective for all other purposes,
including, but not limited to, abating nuisances, but the determination
of the existence of unlawful noise shall be controlled by this chapter.
Thus, any conflicts as to the definition of unlawful noise between
this chapter and any existing ordinance(s) shall be resolved by the
definitions provided herein.
Except as otherwise provided herein, this chapter shall be effective
on the date this chapter is adopted and shall remain in force until
modified, amended or rescinded by the Borough of Coudersport, Potter
County, Pennsylvania.