[Adopted 5-8-1989 by Ord.
No. 219]
The Board of Supervisors of Newberry Township, York County,
Pennsylvania, 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 therefore 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
the Township of Newberry.
It shall be illegal within the Township of Newberry 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 1/2 hour or more
to the disturbance of any person any time of the day or night, regardless
of whether the animal or bird is physically situated in or upon private
property, said noise being a nuisance.
This article shall not be deemed to prohibit or otherwise declare
unlawful any agricultural operations protected from nuisance suits
by Act No. 1982-133.[1]
[1]
Editor's Note: See 3 P.S. § 951 et seq.
[Amended 5-14-1996 by Ord. No. 267; at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
Any person who violates or permits a violation of this article
shall, upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000, plus costs of prosecution. In default of payment
thereof, the defendant may be sentenced to imprisonment for a term
not exceeding 90 days. Each day or portion thereof that such violation
continues or is permitted to continue shall constitute a separate
offense, and each section of this article that is violated shall also
constitute a separate offense. Newberry Township police officers,
the appropriate Code Enforcement Officers of Newberry Township or
other appropriate officers of Newberry Township shall have the power
to enforce the provisions of this article.
All ordinances or parts of ordinances which are inconsistent
herewith are hereby repealed.
If any sentence, clause, section, or part of this article 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 this article. It is hereby declared as the intent of the
Board of Supervisors of Newberry Township that this article would
have been adopted had such unconstitutional, illegal or invalid sentence,
clause, section or part thereof not been included herein.
This article shall become effective on the eighth day of May,
1989.
