[HISTORY: Adopted by the Board of Supervisors of the Township
of Forks 3-18-2021 by Ord. No.
371. Amendments noted where applicable.]
For the purposes of this chapter, the following terms, phrases,
words, and their derivations shall have the meanings given herein.
When not inconsistent with the context, words used in the present
tense include the future, words in the plural number include the singular
number, and words in the singular number include the plural number,
and the word "shall" is always mandatory and not merely directory.
A person owning, leasing, occupying, or having charge of
any premises within the Township.
Any natural person, firm, partnership, association, corporation,
company, or organization of any kind.
The Township of Forks, Northampton County, Pennsylvania.
A.
It shall be unlawful for any person to make, continue, or cause to
be made or continued and/or incessantly for a period of 10 minutes
or make such noise intermittently for more than 30 minutes, 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, across a residential property line of over 50 feet; provided
that noises created in the normal and reasonable course of a legitimate
business activity shall not be deemed illegal.
B.
The following acts, among others, are declared to be loud, disturbing,
and unnecessary noises in violation of this chapter, but said enumeration
shall not be deemed to be exclusive, namely:
(1)
Horns, signaling devices, etc.: sounding any horn or signaling device
on any automobile, motorcycle, streetcar, or other vehicle on any
street or public place of the Township except as a danger warning;
creating, by means of any such signaling device, any unreasonably
loud or harsh sound; or the sounding of any such device for any unnecessary
or unreasonable period of time.
(2)
Radios, tape players, television sets, musical instruments, electronic
amplification equipment and similar devices: operating, playing, or
permitting the operation or playing of any radio, television, phonograph,
drum, musical instrument, sound amplifier, automobile stereo or high-fidelity
equipment or similar device which produces or amplifies sound at any
time of the day in such manner from any source as to create a noise
disturbance.
(3)
Loudspeakers, amplifiers for advertising: using, operating, or permitting
the playing, use or operation of any radio receiving set, musical
instrument, phonograph, loudspeaker, sound amplifier or other machine
or device for the producing or reproducing 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
except in the course of legitimate business activity or auction sales.
(4)
Yelling, shouting, etc.: yelling, shouting, hooting, whistling, or
singing on the public streets so as to annoy or disturb the quiet,
comfort, or repose of persons in any dwelling, hotel, or other type
of residence, or of any persons.
(5)
Exhausts: the discharge into the open air of the exhaust of any stationary
internal combustion engine, or motor vehicle except through a muffler
or other device which will effectively prevent loud or explosive noises
therefrom.
(6)
Vehicle repairs and testing: repairing, rebuilding, testing, or driving
any motor vehicle, motorcycle, ATV, snowmobile, or other motor vehicles
in such a manner as to cause a noise disturbance.
(7)
Any vehicle which propelled or drawn on land, such as, but not limited
to, passenger cars, trucks, truck-trailers, campers, go-carts, snowmobiles,
amphibious crafts on land, dune buggies, racing vehicles, motorcycles,
ATV or radio-controlled vehicles, radio-control (powered model) vehicle:
any self-propelled or airborne, waterborne or land plane, vessel,
or vehicle, which is not designed to carry persons, including but
not limited to any model airplanes, boat, car, or rocket.
(8)
Disorderly houses: No person shall visit, occupy, or frequent any
house or building of any sort or description in the Township, and
behave therein in a loud, tumultuous, or disorderly manner to the
disturbance of the peaceable residents nearby.
C.
This chapter shall not be deemed to prohibit or otherwise declare
unlawful any agricultural operations protected from nuisance suits
by Act No. 1982-133, 3 P.S. § 951 et seq.
This chapter shall not be applicable to the Township or Township-sponsored
events.
Any person, firm or corporation who shall violate any provision
of this chapter, upon conviction thereof in an action brought before
a Magisterial District Judge in the manner proved for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not more than $1,000 plus costs,
and, in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this chapter continues
or each section of this chapter which shall be found to have been
violated shall constitute a separate offense.
