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:
EMERGENCY
Any occurrence or set of circumstances involving actual or
imminent physical harm or property damage.
ENGINE BRAKE
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."
MOTOR CARRIER VEHICLE
A truck, truck tractor or any combination having a gross
weight or registered gross weight in excess of 17,000 pounds.
MOTOR VEHICLE
A vehicle which is self-propelled, except one which is propelled
solely by human power.
NOISE
Any sound which annoys or disturbs humans or which causes
or tends to cause an adverse psychological or physiological effect
on humans.
NOISE DISTURBANCE
Any sound created by a motor vehicle which:
A.
Endangers or injures the safety or health of humans or animals;
B.
Annoys or disturbs a reasonable person of normal sensitivities;
C.
Endangers or injures personal or real property; or
D.
Is in excess of the sound levels by zoning districts established
in § 68-88.
PERSON
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.
PUBLIC RIGHT-OF-WAY
Any street, avenue, highway, sidewalk, alley, or similar
place which is owned or controlled by a government entity.
SOUND
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.
SOUND LEVEL
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.
SOUND LEVEL METER
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.
TRUCK
A motor vehicle designed, used, or maintained primarily for
the transportation of property.
TRUCK TRACTOR
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.
VEHICLE
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.
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.