[Ord. No. 2020-02, 6/4/2020]
1. 
For purposes of this Part, the following words and phrases shall have the meanings hereinafter indicated:
AMPLIFED SOUND
Sound whose volume is increased by any electric, electronic, mechanical, or motor powered means.
EMERGENCY
Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage.
EMERGENCY VEHICLE
A motor vehicle used in response to a public calamity or to protect persons or property from an imminent exposure to danger.
ENFORCEMENT PERSONNEL
The person or persons authorized by the Township Manager of the Township of Lower Macungie to enforce this Part. If no other person has been authorized, the Township Manager shall have the authority to enforce this Part.
LICENSED ESTABLISHMENT
A place of business or public or private institution in possession of a valid license to serve alcohol issued by the Pennsylvania Liquor Control Board.
NIGHTTIME
10:00 p.m. to 11:00 a.m. the following day.
NOISE DISTURBANCE
Any sound which:
A. 
Disrupts or injures the comfort, repose, health, hearing, peace or safety of persons;
B. 
Annoys, disturbs or perturbs a reasonable person with normal sensitivities; or
C. 
Endangers or injures personal or real property.
PERSONS
Any individual, association, partnership or corporation, user, owner or operator, and includes any officer, employee, department, agency or instrument of a state or any political subdivision of a state. Whenever used in any clause prescribing and imposing a penalty, "person" includes the individual members, partners, officers and managers of any or any of them of partnerships and associations, and as for corporations, the officers and managers thereof or any of them and, in their absence, the shareholders.
SOUND
An oscillation in pressure, particle displacement, particle velocity or other physical parameter, in a medium with internal forces that cause compression and rarefaction of that medium or the superposition of such propagated oscillation which evokes an auditory sensation. The description of sound may include any characteristics of such sound, including duration, intensity and frequency.
TOWNSHIP
The Township of Lower Macungie, Lehigh County, Pennsylvania.
[Ord. No. 2020-02, 6/4/2020]
1. 
General Prohibition. It shall be unlawful and a violation of this Part for any licensed establishment to make or cause, or allow the making of, a noise disturbance during the nighttime.
2. 
Exemptions. The following uses and activities shall be exempt from Subsection 1:
A. 
Nonamplified human voice from any licensed establishment, except yelling, shouting, whistling, hooting, singing or generally creating a raucous sound such that it creates a noise disturbance during the nighttime.
B. 
Any emergency vehicle when responding to an emergency call or acting in time of emergency at any licensed establishment.
3. 
Rebuttable Presumption. Noise from any licensed establishment during nighttime that disturbs two or more residents who are in general agreement as to times and duration of the noise and who reside in separate residences, including apartments and condominiums located across a property line (boundary) from the licensed establishment on which the source of the noise is generated, shall create a presumption that there has been a noise disturbance. The presumption may be rebutted by clear and convincing evidence that the noise from the licensed establishment did not result in a noise disturbance.
[Ord. No. 2020-02, 6/4/2020]
1. 
All outdoor dining areas, outdoor beer gardens, and outdoor public gathering spaces at a licensed establishment shall provide for adequate buffering in conformity with the Lower Macungie Township Zoning Ordinance and Design Guidelines [Chapter 27], when abutting residential or other noncommercial properties.
2. 
All on-site functional or decorative lighting at a licensed establishment shall be designed and operated in conformity with the Lower Macungie Township Zoning Ordinance [Chapter 27].
3. 
All garbage and refuse collection and storage areas at licensed establishments shall be in conformity with the Lower Macungie Township Zoning Ordinance and Design Guidelines [Chapter 27], and located in areas that will prevent a noise disturbance.
[Ord. No. 2020-02, 6/4/2020]
1. 
A violation of this Part shall be cause for a citation to be issued directly to the person or persons in charge of or in control of the licensed establishment.
2. 
Enforcement personnel may verbally communicate with the on-site staff to request that sound levels be decreased. Enforcement personnel shall have the power to shut down amplified sound during the nighttime if two complaints are received for the same event from unrelated parties.
[Ord. No. 2020-02, 6/4/2020]
1. 
It is the intent of the Board of Commissioners of Lower Macungie Township to enforce noise locally for licensed establishments located in the Township.
2. 
Licensed establishments shall comply with the Liquor Code for local enforcement per Act 2012-116 (July 5, 2012).
[Ord. No. 2020-02, 6/4/2020]
Any person who violates any provision of this Part, upon conviction in a summary proceeding, shall be subject to a fine of $150 for the first violation, $250 for the second violation, $375 for the third violation, and for each offense thereafter, a minimum fine of $500 not to exceed a maximum amount of $1,000 per incident, plus the costs of prosecution. If the violation is of a continuing nature, each day during which the violation occurs shall constitute an additional, separate, and distinct offense.