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 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:
A. 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.
B. 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.
C. 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.
D. 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.
E. 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.