(a) Definitions.
(1) "Motor vehicle" means any vehicle designed for the transportation of person or property and propelled by an internal-combustion engine or other type of engine, and shall include without being limited to automobiles, trucks, motorcycles, minibikes, motor scooters, motorbikes, dune buggies, trail bikes, all-terrain vehicles, go-carts or other vehicles not capable of being registered under law.
(2) "Person" includes any individual, corporation, firm, association, club or partnership.
(3) "Plainly audible" means any sound that can be detected by a person using unaided hearing faculties at a distance of twenty-five feet from the sound source. For example, if the sound source under investigation is a portable or personal vehicular sound amplification or reproduction device, the detection of the rhythmic bass component of the music is sufficient to verify plainly audible sound. A law enforcement officer need not determine the title, specific words or artist performing the song.
(4) "Public property" means any land, premises, right-of-way, easement or other estate or property right, including streets, roads and highways of the Commonwealth of Pennsylvania, governed or owned by the Township, or any agency or instrumentality thereof, and shall include without being limited to parks, recreation areas, ballparks, sidewalks, school grounds and parking areas.
(b) Noise Disturbance; Hours. No person shall play, use, operate or permit to be played, used or operated any radio, television, phonograph, jukebox, musical instrument or other device for the production or reproduction of sound with louder volume than is necessary and convenient for the hearing of the person so playing, using or operating such instrument or device and such person who are voluntary listeners thereto or in such a manner as to disturb the peace, quiet and comfort of neighboring inhabitants. The use or operation of any such radio, television, phonograph, jukebox, musical instrument or other device between the hours of 10:00 p.m. and 7:00 a.m. that is plainly audible shall be prima facie evidence of a violation of this chapter.
(c) Authorized Activities; Applicability of State Laws.
(1) Nothing herein shall be construed to prohibit a musical band or orchestra from performing in an authorized parade, during a Township-sponsored, community-sponsored or religious-sponsored event or during any lawful activity subject to the provisions of this chapter.
(2) State noise control laws and regulations apply where appropriate.
(d) Audible Advertising; Permit Required. No person, in an attempt to advertise or attract public attention, shall sound, play, operate or permit to be sounded, played or operated any radio, television, receiving set, musical instrument, jukebox, phonograph, loudspeaker, sound amplifier, sound truck or other machine or device that produces or reproduces sound that is plainly audible in any public space, public right-of-way or adjacent neighboring premise, unless a permit has been obtained from the Police Department or as provided in another Township ordinance.
(e) Construction Operations; Emergency Permit. No person shall, from Monday through Saturday between the hours of 6:00 p.m. and 7:00 a.m. or on Sunday, in conducting any excavation, demolition, erection, alteration, repair or other building operation within 1,000 feet of any dwelling or business property, operate or use any steam shovels, tractors, excavators, pneumatic hammers, pile drivers, derricks, steam or electric hoists or any tools or equipment which shall make any plainly audible noise, except in cases of urgent necessity in the interests of public safety, and then only upon obtaining a permit from the Building Inspector.
(f) Hours Noisy Operations Prohibited. No person shall create any plainly audible noise in connection with the loading or unloading of any vehicle or the opening or destruction of any bales, boxes, crates or other containers, between the hours of 9:00 p.m. and 6:00 a.m.
(g) Quiet Zones. No person shall create any plainly audible noise that is on any public space or public right-of-way adjacent to any school, hospital, library, house of worship, senior citizen center, or any other area designated by the Township, which unreasonably interferes with the workings of such institutions.
(h) Disturbing the Peace Noise. No person shall create any plainly audible noise that disturbs the peace, quiet, and comfort of the neighboring inhabitants or persons in any public space or public right-of-way. Furthermore, noise of such character, intensity or duration detrimental to the life or health of any individual is prohibited.
(i) Operation of Motor Vehicles. It shall be unlawful for any person to operate or permit another person to operate any motor vehicle within the Township:
(1) In such a manner as to create loud, offensive, unnecessary or unusual noise that is plainly audible so as to disturb or interfere with the peace and quiet of other persons or interfere with the operator's ability to hear audible safety warnings.
(2) In such a manner as to sound the horn or other warning device for an unnecessary or unreasonable period of time.
(j) Industrial and Commercial Operations Excluded. This chapter shall not apply to the normal operation of any plant, factory or industry engaged in the business of manufacturing, processing of food or other industrial or commercial operation.
(k) Violations and Penalties. Any person convicted of violating any provision of this section shall be fined no less than one hundred dollars ($100.00), nor more than six hundred dollars ($600.00), or imprisoned for a term not exceeding thirty days, or both, the amount to be fixed by the Magesterial District Judge, or other judge having jurisdiction of the case. Each day that a provision of this section is violated shall be deemed a separate and distinct offense.
(Ord. 2007-01. Passed 8-20-07.)