[HISTORY: Adopted by the Board of Supervisors of the Township of Kidder 11-14-1972 by Ord. No. 13. Amendments noted where applicable.]
This chapter is adopted in accordance with Act of Assembly 1933, May 1, P.L. 103, Article VII, Section 702, cl. XII and Act of Assembly 1933, May 1, P.L. 103, Article VII, Section 702, cl. XXIX, as amended.
The making and creation of loud, unnecessary or unusual noises within the limits of Kidder Township, Pennsylvania, is a condition which has existed for some time, and the extent and volume of such noises is increasing.
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 Kidder Township, Pennsylvania.
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 Kidder, Pennsylvania, and its inhabitants.
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 Kidder Township, Pennsylvania.
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:
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.
Radios, phonographs, etc. The using, operating, or permitting to be played, used or operated of any radio receiving set, musical instrument, phonograph, or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing 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 between the hours of 11:00 p.m. and 7:00 a.m., 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.
Loudspeakers, amplifiers for advertising. The using, operating or permitting to be played, used, or operating 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.
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.
The operation of snowmobiles, motor boats, minibikes or mini motor bicycles during the hours of 11:00 p.m. and 7:00 a.m. on Lake Harmony, or anywhere within the Township limits, shall be a violation of this chapter in that the harsh noise and sounds emitted by such snowmobiles, motor boats, 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 Kidder Township, Pennsylvania. All snowmobiles, motor boats, 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 Kidder Township.
[Amended 6-1-1973 by Ord. No. 21]
[Amended by Ord. No. 54]
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.