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Noise ordinance receives makeover |
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Local Content -
Local News
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Written by Larry McGuire
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Saturday, 26 December 2009 |
PUNXSUTAWNEY — At a recent meeting, Punxsutawney Borough Council voted to advertise the revised noise ordinance No. 1093 for public viewing.Borough Manager Ben White said that Police Chief Tom Fedigan and Tim Morris, borough solicitor, drew up the revised ordinance.
Fedigan said at a committee meeting earlier this month that in his opinion, the revised ordinance fits everything that his department has always had difficulty enforcing.
“Whatever the council decides and approves, we’ll do our best to enforce it,” Fedigan stated.
White added that the new ordinance is pretty specific, especially when it comes to barking dogs.
The ordinance said that owning, possessing, harboring or controlling any animal which howls, barks or makes any other noise continuously and/or incessantly for a period of 10 minutes, or makes such noise intermittently for a half-hour or more to the disturbance of any person at any time of the day or night regardless of whether the animal is situated in or upon private property; provided, however, that at the time the animal is making such noise, no person is trespassing or threatening to trespass upon private property in or upon which the animal is situated is illegal.
Fedigan said that barking dogs is one of the department’s most common complaints.
“Especially in the early morning hours,” he said. “Typically, our response is to notify the owner of the animal that there is a complaint.
“Almost every time, the problem is solved before we have to do anything or file a citation,” Fedigan added. “When we go on these calls, and we pull up at around 3 a.m. in front of the house, and the police car is on, and the radio is going, every dog within two blocks will be barking — it’s a chain reaction.
“It would be difficult for us to sit for 30 minutes and listen,” he said. “Because every dog would be barking until we left the area. That’s just reality.”
White added that there is a list of exemptions contained in the proposed ordinance:
• Amplified announcements — Electronically amplified announcements at athletic events, political events and civic events.
• Blasting — Blasting may occur only between the hours of 7 a.m. and 5 p.m. Monday through Friday, unless specifically authorized by a permit.
• Concerts — Band concerts, festivals, block parties, church carnivals or other performances of similar activities, publicly or privately sponsored and presented in any public or private space outdoors.
• Emergency Work — Sounds caused by the performance of emergency work or by the ordinary and accepted use of emergency apparatus and equipment.
• Property Maintenance — Lawn mowing, operation of snow removal equipment and the use of power tools may occur only between the hours of 7 a.m. and 9 p.m.
• Municipal and Utility Services — Sounds resulting from the repair or replacement of any municipal or utility installation or operation of recycling equipment in or about the public right-of-way.
• School and Public Activities — Activities conducted by organized school-related programs.
• Warning Devices — Sounds made by warning devices operating continuously for three minutes or less, except that in the event of any actual emergency, the time limitation shall not apply.
• Expression or communication protected by the U.S. Constitution including the First Amendment or the Pennsylvania Constitution.
• Any activity or contact the regulation of which has been preempted by the law of the Commonwealth of Pennsylvania.
• Any noise created by a government entity in the performance of an official duty.
• Any noise for which a permit has been issued by an authority having jurisdiction to issue the permit.
• Activities permitted by special waiver.
Fedigan said he thinks the new ordinance will serve the borough well.
The following are details surrounding enforcement of the ordinance:
• Any person making a complaint pursuant to the ordinance shall file a written complaint with the borough police on a form provided by the department.
• Warning — If it is determined that there is a noise disturbance, the borough may, upon written complaint by the affected person who resides in the Borough of Punxsutawney, corroborated by a borough police officer, issue a written warning to the person responsible.
White reported the penalties that would be enforced if someone is found to be in violation of the ordinance are the following:
• First Conviction — Not less than $150 and not more than $1,000.
• Second Conviction — Not less than $300 and not more than $1,000.
• Third Conviction — Not less than $500 and not more than $1,000, to be collected as other fines and costs are by law collected, or imprisoned for not more than 30 days or both.
• Fourth Conviction or higher — Fined $1,000 to be collected as other fines and costs are by law collected, and be sentenced to a term of imprisonment of not less than five days nor more than 30 days.
The ordinance is on display at the Punxsutawney Borough offices in the Mahoning East Civic Center.
The ordinance is subject to change prior to its enactment in January.
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Last Updated ( Monday, 28 December 2009 )
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