The purpose and scope of this chapter is to ensure that public
health, safety and welfare shall not be abridged by the making or
creating of public nuisances from disturbing or excessive noises in
the Borough of West Chester and to protect the physical, mental and
social well-being of the residents of the Borough of West Chester
by prohibiting such noise and/or sound.
For the purpose of this chapter, the following words, terms
and phrases shall have the meanings indicated herein:
BOROUGH
The Borough of West Chester.
NOISE
Any sound emitted by a person, an appliance, equipment, an
instrument or other device or an animal.
PERSON
Any individual, association, trust, partnership or corporation,
including any members, directors, officers, employees, partners or
principals thereof. Whenever used in any clause prescribing and imposing
a penalty, "person" includes the members, trustees, partners, directors,
officers, managers and supervisors, or any of them, of partnerships,
associations, corporations or other forms of entity.
UNREASONABLE NOISE
Noise that is above and beyond the ordinary noises associated
with the appropriate and customary uses of the particular forum in
which the sound is made, taking into account the time of day, day
of week, location, and/or other relevant factors, and such noise is
of such a volume, frequency, pattern, or duration, that it prevents,
disrupts, injures, or endangers the health, safety, welfare, comfort
or repose of reasonable persons of ordinary sensitivities within the
Borough of West Chester.
Any person who violates or permits the violation of any provision
of this chapter shall, upon conviction thereof in a summary proceeding
before the District Justice, be guilty of a summary offense and sentenced
to pay a fine of not less than $300 for the first offense, and not
less than $750 for any subsequent offenses in a one-hundred-twenty-day
period. The defendant shall also be liable for all court costs, including
reasonable attorneys' fees incurred by the Borough. Upon default
of payment thereof, the defendant may be sentenced to imprisonment
in the county prison for a period of not more than 30 days. Each section
or provision of this chapter that is violated shall constitute a separate
offense, and each day or portion thereof in which a violation of this
chapter is found to exist shall constitute a separate offense, each
of which shall be punishable by a separate fine imposed by the District
Justice in the amounts specified above plus the costs of prosecution.
Upon default of payment thereof, the defendant may be sentenced to
imprisonment in the county prison for a term of not more than 30 days.