[HISTORY: Adopted by the Borough Council of the Borough of Coudersport 11-25-2019 by Ord. No. 623. Amendments noted where applicable.]
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:
A. 
The volume of the noise.
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.
A. 
As to those businesses and establishments which possess a valid liquor license from the Liquor Control Board, such businesses and establishments shall be considered to be in compliance with this chapter, with regard to amplified sound, if all of the following requirements are met:
(1) 
To the extent that the amplified sound from a loudspeaker or similar device whereby the sound of music or other advertisement thereof can be heard from the centerline of the public road immediately in front of the establishment and such amplified sound from such location docs not exceed 70 decibels;
(2) 
Such amplified sound is not occurring between the hours of 12:30 a.m. to 8:30 a.m. on a given day (i.e., such amplified sound is only permitted from 8:31 a.m. to 12:29 a.m. the following day).
B. 
This chapter is adopted in anticipation that the Liquor Control Board will approve that establishments that have a liquor license will be regulated by this chapter instead of 47 P.S. § 4-493 (34). Accordingly, that which is set forth in this § 238-3 shall not take effect until such approval has been obtained by the Pennsylvania Liquor Control Board.
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.