[Adopted 12-30-2002 by Ord. No. 9-2002]
This article shall be known as the "Towanda Engine Brake Noise
Disturbance Ordinance."
The following words, terms and phrases, when used in this article,
shall have the meanings herein given, except where the context clearly
indicates a different meaning:
Any occurrence or set of circumstances involving actual or
imminent physical harm or property damage.
A motor/engine retarding device, or any retarding device
or system brakes on the motor or engine rather than on the wheels
as a means of slowing or stopping a truck, truck tractor, motor carrier
vehicle, motor vehicle, or vehicle. Such devices are commonly known
as "Jake brakes" or "jacob brakes."
A truck, truck tractor or any combination having a gross
weight or registered gross weight in excess of 17,000 pounds.
A vehicle which is self-propelled, except one which is propelled
solely by human power.
A device designed or used for decreasing or abating the level
of sound escaping from an engine or machinery system.
Any sound which annoys or disturbs humans or which causes
or tends to cause an adverse psychological or physiological effect
on humans.
Any sound created by a motor vehicle which:
Any individual, association, partnership, or corporation,
including any officer, employee, department, agency or instrumentality
of a state or any political subdivision of a state. Whenever used
in any clause prescribing and imposing a penalty, "person" includes
the individual members, partners, officers and managers or any of
partnership and association and, as relates to corporations, the officers
and managers thereof or any corporation.
Any street, avenue, highway, sidewalk, alley, or similar
place which is owned or controlled by a government entity.
An oscillation in pressure, particle displacement, particle
velocity, or other physical parameter, in a medium with internal forces
that cause compression and rarefaction of that medium, or the superposition
of such propagated oscillation which evokes an auditory sensation.
The description of sound may include any characteristics of such sound,
including duration, intensity and frequency.
The weighted sound pressure level obtained by the use of
a sound level meter and frequency weighing network such as A, B, or
C, as specified in the American National Standards Institute specifications
for sound level meters ANSI SI.4-1971, or the latest revision thereof.
If the frequency weighing employed is not indicated, the A-weighing
shall apply.
An instrument, which includes a microphone, amplifier, RMS
detector, integrator or time averager, output meter and any applicable
weighing network used to measure sound pressure levels which meet
or exceed the requirement for a Type I or Type H sound level meter
as specified in ANSI Specification S1.4-1971. The manufacturer's published
indication of compliance with such specifications shall be prima facie
evidence of such compliance.
A motor vehicle designed, used, or maintained primarily for
the transportation of property.
A motor vehicle designed and used primarily for drawing other
vehicles and not so constructed as to carry a load other than a part
of the weight of the vehicle and load so drawn.
Every device in, upon, or by which any person or property
is or may be transported or drawn upon a highway, except devices used
exclusively upon rails or track.
A.
Noise disturbance prohibited. No person shall make, continue or cause
to be made any noise disturbance nor shall any person suffer, allow
or permit any noise disturbance to be made or continued from or at
any property, whether real or personal, that is subject to such person's
right to control.
B.
Specific prohibitions. The following acts and the causing thereof
are also declared to be noise disturbances and therefore in violation
of the article:
(1)
The removal or rendering inoperative, other than for purposes of
maintenance, repair or replacement, of any muffler or sound-dissipative
device or element of design or noise label of any product.
(2)
The intentional moving or rendering inaccurate or inoperative of
any sound-monitoring instrument or device positioned by or for the
Police Department, provided that such device or the immediate area
is clearly labeled in accordance with noise control regulations to
warn of the potential illegality.
(3)
The use of a product which has had a muffler or sound-dissipative
device or element of design or noise label removed or rendered inoperative
with knowledge that such action has occurred.
(4)
Motor vehicle and motorcycles on public rights-of-way. No person
shall operate or cause to be operated a public or private motor vehicle
or motorcycle, or any equipment attached to such a vehicle, on a public
right-of-way at any time in such a manner that the sound level set
forth in Pennsylvania Department of Transportation Regulations Title
67, Chapter 157, Subchapter B, 67 Pa. Code § 157.11, is
not met.
(5)
No person shall use an engine brake or other motor/engine retarding
device while operating a truck, truck tractor, motor carrier vehicle,
motor vehicle or any other vehicle within the Borough of Towanda along
U.S. Route 6 (York Avenue and Main Street) from Ann Street south to
Franklin Street. The prohibition against use of a jake brake or other
motor/engine retarding device shall not apply to an emergency vehicle,
as defined in Pennsylvania Title 75, when said emergency vehicle is
actually responding to an emergency call.
The noise from any of the aforesaid prohibited acts that disturbs
two or more residents of the Towanda Borough who reside in separate
residences, including apartments, shall be prima facie evidence of
a noise disturbance.
This article shall be enforced by the Towanda Borough Police
Department.
Any person who violates any provision of this article shall,
for each act, upon conviction thereof by summary proceedings, be sentenced
to pay a fine of not less than $100 and not more than $600 and, in
default of said fine and costs, to undergo imprisonment in the county
prison for a period not in excess of 30 days.
