[HISTORY: Adopted by the Board of Supervisors of the Township of Upper Uwchlan as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-22-1998 by Ord. No. 98-03]
The Board of Supervisors of Upper Uwchlan Township, 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 Upper Uwchlan Township.
It shall be illegal within Upper Uwchlan Township 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 of reasonable sensibilities any time of the day or night regardless whether the animal or bird is physically situated in or upon private property, said noise being a nuisance; providing, 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 is justifiably provoking 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.
Editor's Note: See 3 P.S. § 951 et seq.
Any person who violates or permits a violation of this article shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township before a District Justice, pay a fine of not more than $600, plus all court costs, including reasonable attorney's fees, incurred by the Township in the enforcement of this article. No judgment shall be imposed until the date of the determination of the violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.