[HISTORY: Adopted by the Board of Commissioners
of the Township of Butler as indicated in article histories. Amendments
noted where applicable.]
[Adopted 11-1-1965 as Ch. V, Secs. 3 through 5, of the
1965 Code]
The word "person," as used in this chapter,
shall mean any natural person, partnership, firm, association or corporation.
In this chapter, the singular shall include the plural, and the masculine
shall include the feminine and the neuter.
[Amended 10-5-1998 by Ord. No. 765]
A.
It shall be unlawful for any person to operate or
use any loudspeaker or other mechanical device that causes noise in
excess of 90 decibels as measured on a decibel or sound level meter
of standard quality and design operated on the A-weighting scale at
a distance of 25 feet from any property line of the property on which
the noise source is located.
B.
Fire sirens and related apparatus used solely for
public safety purposes are exempt from this restriction.
[Amended 10-5-1998 by Ord. No. 765]
Any person who shall violate any of the provisions
of this chapter shall, for every such violation, upon conviction thereof
before any District Justice of the Township, be sentenced to pay a
fine of not less than $100 nor more than $600 and costs of prosecution,
and, in default of payment thereof, to imprisonment in the county
jail for not more 30 days. Each day on which any such violation shall
take place, after conviction thereof, shall constitute a separate
violation.
[Adopted 10-1-2001 by Ord. No. 784]
The Board of Commissioners of Butler Township,
Butler County, Pennsylvania, finding that excessive levels of sound
are detrimental to the physical, mental and social well-being of the
people as well as to their comforts, 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 Butler.
It shall be illegal within the Township of Butler
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 that results in the unreasonable disturbance or annoyance
of any person during any time of the day or night regardless of whether
the animal or bird is physically situated in any structure or in any
open area on private property, said noise is hereby declared 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.[1]
[1]
Editor's Note: See 3 P.S. § 951 et seq.
Any person, firm or corporation who shall violate
any provision of this article shall, upon conviction thereof, be sentenced
to pay a fine of not more than $300 and/or to imprisonment for a term
not to exceed 90 days.
