[Adopted 2-10-1986 by Ord. No. 4-86 (Ch. 2, Part 2, of the 1986 Code of Ordinances)]
The Borough Council of the Borough of North Irwin, 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 Borough.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
It shall be illegal within the Borough of North Irwin for any person or persons to own, possess, harbor, or control any animal or bird which makes any noise continuously 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, provided that at the time the animal or bird is making such noise no person is trespassing or threatening to trespass upon private property in or upon which the animal or bird is situated, nor is there any other legitimate cause which justifiably provoked the animal or bird.
This article shall not be deemed to prohibit or otherwise declare unlawful any agricultural operations protected from the nuisance suits by Act of 1982 No. 133.[1]
[1]
Editor's Note: See 3 P.S. § 951 et seq.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person, firm or corporation who violates or permits a violation of this article shall, upon being found liable therefor, pay a fine of not more than $600, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. If the penalty is not paid, the Borough shall initiate a civil action for collection in accordance with the Pennsylvania Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this article in equity in the Court of Common Pleas of Westmoreland County.