[HISTORY: Adopted by the Board of Supervisors of the Township of
Kidder as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-16-1995 by Ord. No. 92]
The Board of Supervisors of the Township of Kidder, 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 Kidder.
It shall be illegal within the Township of Kidder 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, 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 No. 1982-133.
Any person who violates or permits a violation of this chapter shall,
upon conviction in a summary proceeding brought before a District Justice
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 chapter that
is violated shall also constitute a separate offense. A fine of $100 per day
will be imposed for any second violation of this chapter.
