[Added 11-7-2022 by Ord. No. 4-22]
Pursuant to a site study and inspection conducted by PennDOT on August 1, 2022, the use of engine brake retarders (Jake brake®) by any motor vehicle shall be prohibited along the following sections of state highways in the City of New Kensington, Westmoreland County:
Direction of Travel
Roadway
From Segment/Offset
To Segment/Offset
Eastbound
S.R. 0056
0030/0000 Seventh Street intersection
0050/0300 300 feet east of Oates Boulevard
Westbound
S.R. 0056
0031/0000 Seventh Street intersection
0051/0300 300 feet east of Oates Boulevard
Pursuant to the procedures of the Commonwealth of Pennsylvania Department of Transportation, and pursuant to regulations of the Department with respect to signs on highways, the City of New Kensington shall cause to be erected upon the roadways herein specified signs regarding the prohibition of the use of said engine brake retarders.
The City of New Kensington Police Department shall be responsible for enforcement of the prohibition of engine brake retarders.
This article is authorized by virtue of PennDOT's report dated August 1, 2022, and the findings and conclusions contained therein based upon PennDOT's site visit and study conducted on August 1, 2022, a copy of which is available for review and inspection at the offices of the City of New Kensington during regular business hours. A copy is attached to this article and incorporated herein by reference.[1]
[1]
Editor's Note: Said report is on file in the City offices.
A. 
Violations of this article shall be enforced through an action brought before a District Magisterial Judge in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure.
B. 
Violators are subject to a fine of $1,000 for each violation.
A. 
A
(1) 
(1)
ALTERATION
Any change, modification or addition to a part of or all of the exterior of any building or structure.
ANIMATED SIGN
A sign with action or motion, flashing lights or color changes requiring electrical energy, electronic or manufactured sources of supply, but not including wind-actuated elements such as flags, banners or pennants.
BUILDING
Any combination of construction materials that forms an enclosed or open structure.
BUSINESS SIGN
A sign which announces or directs attention to a business, product, service or activity sold or conducted on the premises where such sign is located.
CERTIFICATE OF APPROPRIATENESS
The statement signed by the Mayor of the City of New Kensington certifying the Borough Council's approval of the appropriateness of a particular request for the construction, alteration, stabilization, preservation, rehabilitation, restoration, reconstruction or demolition of all or part of a building within the overlay districts and authorizes issuing a building permit for said request.
CODE ENFORCEMENT OFFICER
An officer of the City designated by the City Council to ensure that applicants follow procedures mandated by §§ 236-13.1, 236-13.2, 236-22I and 236-37 and to investigate and enforce compliance with said §§ 236-13.1, 236-13.2, 236-22I and 236-37.
CONSTRUCTION
Any or all work necessary for the erection of any building or structure from a combination of materials that forms a safe and stable structure.
CRITICAL PROJECT
A project involving demolition of all or part of any building, or change of configuration and rhythm of any building as a whole, or any alteration to a sensitive building, as defined in the definition of "sensitive building."
DEMOLITION
The dismantling, tearing down, removal or razing of a building, in whole or in part. This term shall not include changes to the interior of a building, provided that such changes do not alter the structural integrity of the building.
DEMOLITION BY NEGLECT
The absence of routine repair that leads to structural weakness, decay and deterioration of a building to a point that causes a need for major repair or may cause a need for demolition.
(2) 
Project treatment definitions.
ILLUMINATED SIGN
A sign incorporating a source of light in order to make the message readable. Included are internally and externally lighted signs.
MAJOR PROJECT
A project proposed for a nonsensitive building involving replacement with other than original materials or design of existing building components, such as windows, doors, soffits, rain channels, roofs, siding, porches, fencing, shutters, and awnings in a manner that does not change the configuration and rhythm of the building as a whole, and is proposed for a nonsensitive building.
MINOR PROJECT
A project that does not result in a change in appearance of a building, such as replacing deteriorated wood with identical wooden pieces.
MINOR SIGN CHANGE
A change in wording of a sign that does not affect color, style of lettering, symbols, shape, size, lighting or suspension; or relocation of a sign that will not affect the historical character of a building or streetscape, as determined by the Code Enforcement Officer.
PRESERVATION
The act or process of applying measures to sustain the existing form, style, integrity, and material of a building or structure. It may include initial stabilization work, where necessary, as well as ongoing maintenance of the historic building materials.
PROTECTION
The act or process of applying measures designed to affect the physical condition of a property by defending or guarding it from deterioration, loss or attack, or to cover or shield the property from danger or injury. In the case of buildings and structures, such treatment is generally of a temporary nature and anticipates future historic preservation treatment; in the case of archaeological sites, the protective measures may be temporary or permanent.
RECONSTRUCTION
The act or process of reproduction by new construction of the exact form and detail of a vanished building, structure, or object, or a part thereof, as it appeared at a specific period of time.
REHABILITATION
The act or process of returning a property to a state of utility through repair or alteration which makes possible an efficient contemporary use while preserving those portions or features of the property which are significant to its historical, architectural, and cultural values.
RESTORATION
The act or process of accurately recovering the form and details of a property and its setting as it appeared at a particular period of time by means of the removal of later work or by the replacement of missing earlier work.
REVIEWABLE SIGN
Any new sign, or proposed change to an existing sign affecting color, style of lettering, symbols, shape, size, lighting or suspension; or relocation of a sign that the Code Enforcement Officer has determined might affect the historic character of a building or streetscape.
SENSITIVE BUILDING
Any building that has been standing for at least 50 years at the time of application, and/or is listed as a contributing building to the Downtown Historic Overlay District, even though it has been considerably modified, and certain sites of later historic significance or buildings that the Board has determined to be exemplary of later architectural styles. Other buildings in the Overlay Districts are considered nonsensitive. (4) Definitions pertaining to signs.
SIGN
A lettered board, structure or other surface, or any other device used to visually announce, advertise or convey information to the public for any purpose.
STABILIZATION
The act or process of applying measures designed to reestablish a weather-resistant enclosure and the structural stability of an unsafe or deteriorated property while maintaining the essential form as it exists at present.
(3) 
Definition of project categories.
TEMPORARY SIGN
A sign conveying information of current and temporary interest.