[Ord. No. 3-2020, 10/13/2020]
This Part is adopted in accordance with the Second Class Township
Code[1] of the Commonwealth of Pennsylvania.
[1]
Editor's Note: See 53 P.S. §§ 65101 et seq.
and 55101 et seq.
[Ord. No. 3-2020, 10/13/2020]
1.
The making and creation of loud, unnecessary or unusual noises within
the limits of Sugarloaf Township, Pennsylvania, is a condition which
has existed for some time, and the extent and volume of such noises
is increasing.
2.
The making, creation or maintenance of such loud, unnecessary, unnatural
or unusual noises which are prolonged, unusual and unnatural in their
time, place and use affect and are a detriment to the public health,
comfort, convenience, safety, welfare and prosperity of the residents
of Sugarloaf Township, Pennsylvania.
[Ord. No. 3-2020, 10/13/2020]
The necessity in the public interest for the provisions and
prohibitions hereinafter contained and enacted is declared as a matter
of legislative determination and public policy, and it is further
declared that the provisions and prohibitions hereinafter contained
and enacted are in pursuance of and for the purpose of securing and
promoting the public health, comfort, convenience, safety, welfare
and prosperity and the peace and quiet of the Township of Sugarloaf,
Pennsylvania, and its inhabitants.
[Ord. No. 3-2020, 10/13/2020]
It shall be unlawful for any person to make, continue or cause
to be made or continued any loud, unnecessary or unusual noise or
any noise which either annoys disturbs, injures or endangers the comfort,
repose, health, peace or safety of others, within the limits of Sugarloaf
Township, Pennsylvania. Enforcement of violations under this Part
shall take into effect time of day, circumstances and the duration
of the noise and whether any reasonable necessity is demonstrated
by the person committing the violation.
[Ord. No. 3-2020, 10/13/2020]
1.
The following acts, among others, are declared to be loud, disturbing,
and unnecessary noises in violation of this Part, but said enumeration
shall not be deemed to be exclusive and includes emitting unreasonable
noise by means not defined herein:
A.
Horns, Signaling Devices, Etc. The sounding of any horn or signaling
device on any automobile, motorcycle or other vehicle on any street
or public place in the Township, except as a danger warning; the creation
by means of any such signaling device of any unreasonably loud or
harsh sound, and the sounding of any such device for an unnecessary
and unreasonable period of time; the use of any signaling device;
the use of any horn, whistle or other device operated by engine exhaust;
and the use of any such signaling device when traffic is for any reason
held up.
B.
Electronic Devices, Radios or Receiving Devices, Phonographs, Etc.
The use, operation or play of any electronic receiving device, radio
or streaming set, musical instrument, phonograph, or other machine
or device for the production or reproduction of sound in such manner
as to disturb the peace, quiet and comfort of neighboring inhabitants
with louder volume than is necessary for convenient listening for
the person or persons who are in the room, vehicle or chamber in which
such machine or device is operated and who are voluntary listeners
thereto. The operation of any such set, instrument, phonograph, machine
or device in such a manner as to be plainly audible at a distance
of 50 feet from the building, structure or vehicle in which it is
located shall be prima facie evidence of a violation of this section.
C.
Loudspeakers, Amplifiers for Advertising. The use, operation, or
play of any radio receiving set, musical instrument, phonograph, loudspeaker,
sound amplifier, or other machine or device for the production or
reproduction of sound which is cast upon the public streets for the
purpose of commercial advertising or attracting the attention of the
public to any building or structure but with a volume louder than
necessary to hear the message or advertisement intended for the public.
D.
Yelling, Shouting, Etc. Yelling, shouting, hooting, whistling, or
singing on the public or private streets, particularly between the
hours of 11:00 p.m. and 7:00 a.m. or any time or place as to annoy
or disturb the quiet, comfort, or repose of persons in any office,
or in any dwelling, hotel or other type of residence, or of any persons
in the vicinity.
E.
Operation of Vehicles. The operation of off-road vehicles, snowmobiles,
minibikes or mini motor bicycles during the hours of 11:00 p.m. and
7:00 a.m. anywhere within the Township limits shall be a violation
of this Part in that the harsh noise and sounds emitted by such off
road vehicles, snowmobiles, minibikes or mini motor bicycles is loud
and disturbing and therefore creates a nuisance which is disturbing
to the public health and comfort of the residents of Sugarloaf Township,
Pennsylvania. All off road vehicles, snowmobiles, minibikes or mini
motor bicycles must at all times have mufflers in proper working condition
as specified by the original manufacturer, except that in no instance
shall racing mufflers be permitted, unless performing in a sanctioned
race or event within the confines of Sugarloaf Township.
F.
Loud Dogs. It shall be unlawful to keep in custody any dog which
disturbs the peace by barking, howling and/or making other loud noises
to the annoyance and discomfort of neighbors. Continuous barking,
howling or other loud noise by any dog for more than 60 minutes which
period occurs on two or more consecutive days shall be deemed a violation
of this Part.
[Ord. No. 3-2020, 10/13/2020]
Any person who violates or permits a violation of this Part
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 less than $25 nor more than $500, plus costs of prosecution. Each
day or portion thereof that such violation continues or is permitted
to continue shall constitute a separate offense, and each section
of this Part that is violated shall also constitute a separate offense.
[Ord. No. 3-2020, 10/13/2020]
If any provision, paragraph, word, or section of this Part is
invalidated by any court of competent jurisdiction, the remaining
provisions, paragraphs, words or sections shall not be affected and
shall remain in full force and effect.
[Ord. No. 3-2020, 10/13/2020]
Any ordinance or part of an ordinance conflicting with the provisions
of this Part shall be, and the same is hereby, repealed to the extent
that such conflict.
[Ord. No. 3-2020, 10/13/2020]
This Part shall be effective October 13, 2020.
