[HISTORY: Adopted by the Borough Council of the Borough of
Pine Grove 6-21-2001 by Ord. No.
349. Amendments noted where applicable.]
[Adopted 6-21-2001 by Ord. No. 349]
This article shall be known as the "Pine Grove Borough Engine
Brake Retarder Ordinance."
The Borough Council of the Borough of Pine Grove, Schuylkill
County, Pennsylvania, finds as a fact that operation of engine brake
retarders on a gasoline-powered or diesel-powered motor vehicles not
equipped with exhaust mufflers or equipped with defective or modified
exhaust mufflers so as to create excessive noise through the use of
said engine brake retarders adversely affects the public health, safety,
and welfare of the residents of the Borough of Pine Grove, and therefore
is a nuisance in fact.
No gasoline-powered or diesel-powered motor vehicles shall be
operated on S.R. 443, S.R. 125, and S.R. 895 within the Borough, utilizing,
in said operation, an engine brake retarder, without exhaust mufflers
or with defective or modified exhaust mufflers permitting excessive
noise to be created by said motor vehicle through the use of engine
brake retarders.
This article shall not apply to emergency driving situations
requiring the utilization of an engine retarder to protect the safety
and property of the residents of the Borough of Pine Grove, other
motor vehicle operators, pedestrians, and the operators and passengers
of the motor vehicles involved in said emergency situations.
The Borough of Pine Grove shall erect signs within the Borough
limits, and at or near the prohibited areas, advising motor vehicle
operators of the prohibition of the use of engine brake retarders
consistent with the provisions of this article.
Any person, firm, or corporation who shall violate any provision
of this article shall, upon summary conviction before a Magisterial
District Judge having jurisdiction, be sentenced to pay a fine of
not more than $300 and costs of prosecution, and in default of the
payment thereof, shall be sentenced to undergo a term of imprisonment
for a term not to exceed 10 days.
All ordinances or parts of ordinances which are inconsistent
herewith are hereby repealed.
If any sentence, clause, section, or part of this article is
for any reason found to be unconstitutional, illegal, or invalid,
such unconstitutionality, illegality, or invalidity shall not affect
or impair any of the remaining provisions, sentences, clauses, sections,
or parts of this article. It is hereby declared as the intent of the
Borough Council of the Borough of Pine Grove that this article would
have been adopted had such unconstitutional, illegal, or invalid clause,
section, or part thereof not been included.
This article shall take effect immediately upon the approval
by the Borough Council of the Borough of Pine Grove.
[Adopted 12-14-2006 by Ord. No. 376]
This article shall be known and may be cited as the "Pine Grove
Noise Control Ordinance."
The intent and purpose of this article is to promote the general
health, welfare, and safety of the Borough of Pine Grove. Council
finds that excessive levels of sound are detrimental to the physical,
mental, and social well-being of the people as well as to their comfort,
living conditions, general welfare and safety and being therefore
a public health and welfare hazard, hereby declares it to be necessary
to provide for the greater control and more effective regulation of
excessive sound and the sources of excessive sound within the Borough.
The following words, terms, and phrases when used in this article
shall have the meaning ascribed to them in this section, except where
the context clearly indicates a different meaning.
The erection, repair, renovation, demolition or removal of
any building or structure; and the excavation, filling, grading, and
regulation of lots in connection therewith.
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage.
Any work performed for the purpose of preventing or alleviating
the physical trauma or property damage threatened or caused by an
emergency.
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 which:
Any individual, association, partnership or corporation,
and includes 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
them, of partnerships and associations, and as to corporation, the
officers and managers thereof or any of them.
Any self-propelled airborne, waterborne or landborne plane,
vessel or vehicle, which is not designed to carry persons, including,
but not limited to, any model airplane, boat, car or rocket.
An imaginary line drawn through the points of contact of
adjoining lands, apartments, condominiums, townhouses and duplexes
owned, rented or leased by different persons, a demarcation or a line
of separation of properties, and also, for any two or more buildings
sharing common grounds, the line drawn midway between any two such
buildings. All areas devoted to public right-of-way shall be deemed
to be across the property line. For the purpose of this regulation,
the property line includes all points on a plane formed by projecting
the property line in a manner deemed appropriate by the enforcing
police officer.
Any street, avenue, boulevard, highway, sidewalk, alley or
similar place which is owned or controlled by a governmental entity.
Any real property or structures thereon which are owned or
controlled by a governmental entity.
All land whether publicly or privately owned, whether improved
or not improved, with or without structures, exclusive of any areas
devoted to public right-of-way.
An oscillation in pressure, particle displacement, particle
velocity or other physical parameter, in a medium with internal forces
that causes 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.
No person shall make, continue or cause to be made or continued
any noise disturbance, nor shall any person suffer, allow or permit
any noise disturbance to be made on continued from or at any property,
whether real or personal, that is subject to such person's right to
control.
The following acts, and the casing thereof, are declared to
be noise disturbances and therefore in violation of this article.
A.
Radios, television sets, musical instruments and similar devices.
Operating, playing or permitting the operation or playing of any radio,
television, phonograph, drum, musical instrument, sound amplifier,
automobile radio, automobile stereo or high fidelity equipment, disc
or tape player, loudspeaker or other similar device, not in connection
with the lawful operation of an emergency vehicle such as an ambulance,
police or fire vehicle nor in connection with a lawfully permitted
parade, public assembly, or other activity for which a permit is issued
by the duly constituted legal authority, or similar device which produces,
reproduces or amplifies sound:
(1)
At any time in such a manner as to cause a noise disturbance across
a property line (boundary), or between the hours of 10:00 p.m. and
7:00 a.m. so as to be plainly audible across a property line (boundary);
or which is audible on a public street for a distance of 50 feet from
the place or origin of such sound or noise.
(2)
In such a manner as to create a noise disturbance across a property
line (boundary) or at 50 feet from such device; whichever is less,
when the device is operated in or on a motor vehicle, or hand-carried,
on a public right-of-way or public space.
(3)
In such a manner as to create a noise disturbance to any person other
than the operator of the device, when operated by a passenger on a
common carrier.
C.
Construction tools or equipment. Operating or permitting the operation
of any tools or equipment used in construction operations, drilling
or demolition work:
(1)
Between the hours of 10:00 p.m. and 7:00 a.m. the following day on
weekdays and Saturdays or at any time on Sundays or legal holidays,
such that the sound therefore creates a noise disturbance across a
residential real property line (boundary) except for emergency work.
D.
Domestic power tools. Operating or permitting the operation of any
mechanically powered saw, drill, sander, grinder, lawn or garden tool,
snowblower or similar device used outdoors in residential areas between
the hours of 10:00 p.m. and 7:00 a.m. so as to cause a noise disturbance
across a residential property line (boundary) except in an emergency.
E.
Loading and unloading. Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans, or similar objects between the hours of 10:00 p.m. and 7:00 a.m. the following day in such a manner as to cause a noise disturbance across a residential property line (boundary). This Subsection E shall not apply to municipal or utility services in or about the public right-of-way.
F.
Animals and birds. Owning, possessing, harboring or controlling any
animal or bird which howls, barks, meows, squawks, or makes other
sounds continuously and/or incessantly for a period of 10 minutes
or makes such noise intermittently for 1/2 hour or more to the disturbance
of any person at any time of the day or night regardless of whether
the animal or bird is situated in or upon private property; provided,
however, that at the time the animal or bird is making such noise,
no person is trespassing or threatening to trespass upon private property;
provided, however that at the time the animal or bird is making such
noise, no person is trespassing or threatening to trespass upon private
property in or upon which the animal or bird is situated or for any
other legitimate cause which teased or provoked the animal or bird.
G.
Powered model vehicles. Operating or permitting the operation of
powered model vehicles so as to create a noise disturbance across
a residential property line (boundary) between the hours of 10:00
p.m. and 7:00 a.m.
H.
Street sales. Offering for sale or selling by shouting or outcry
or by any other amplified or unamplified sound within any residential
or commercial area of the Borough.
I.
Tampering. The following acts or the causing thereof are prohibited:
(1)
The removal or rendering inoperative by any person, other than for
the 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 use of a product which has had a muffler or sound dissipative
device or element of design or noise labeled removed or rendered inoperative,
with knowledge that such action has occurred.
J.
Vehicle, motorboat or aircraft repairs and testing. Repairing, rebuilding,
or testing any motor vehicle, motorcycle, or aircraft in such a manner
as to cause a noise disturbance across a residential real property
line (boundary).
A.
Motor vehicle and motorcycles on public right-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 emitted by the motor vehicle or motorcycle, or any equipment attached to such a vehicle exceeds the level set forth in Pennsylvania Code, Title 67, Chapter 157, "Established Sound Levels."
B.
Standing motor vehicles. No person shall operate or permit the operation
of any motor vehicle or any auxiliary equipment attached to such a
vehicle for a period longer than 15 minutes in any hour while the
vehicle is stationary, for reasons other than traffic congestion,
anywhere within 150 feet of any residence in such a manner as to cause
a noise disturbance across a residential property line (boundary).
C.
Unnecessary horn blowing. No person shall at any time sound the horn or other warning device of a vehicle except when absolutely necessary as a warning while actually driving such vehicle permissible motor vehicle noise emissions as set forth in Subsection A hereof.
D.
Sound trucks. No person shall operate sound amplifying equipment mounted on or attached to any motor vehicle at any time in such a manner as to exceed the maximum permissible motor vehicle noise emissions as set forth in Subsection A hereof.
E.
The sensory mechanism used in connection with an automatic motor
vehicle protection device shall be adjusted to suppress false indications
of burglary or intrusion so that the device will not be activated
by impulse or vibration caused by any force not related to the alarms.
All components comprising such a device shall be maintained by the
owner or lessee in good repair to assure maximum reliability of operation.
Prima facie evidence of a noise disturbance shall exist if the noise from any of the acts prohibited in §§ 122-13 through 122-15:
A.
Disturbs two or more residents who are in general agreement as to
the times and durations of the noise and who reside in separate residences,
including apartments and condominiums located within the same building,
located across a property line (boundary) from the property on which
the source of the noise is generated.
B.
One resident located across a property line (boundary) from the property
on which the source of the noise is generated, and corroborated by
a police officer.
C.
Solely witnessed/observed by a police officer when citing any section
hereunder.
The following sounds are exempted from the provisions of this
article:
A.
Amplified announcements. Stationary electronically amplified announcements
at athletic events, political events and civic events.
B.
Blasting. Blasting, under proper permit. Such blasting may occur
only between the hours of 9:00 a.m. and 4:00 p.m., Monday through
Friday, unless specifically authorized by permit.
C.
Concerts, etc. Band concerts, block parties, church carnivals or
other performances or similar activities publicly or privately sponsored
and presented in any public or private space outdoors, provided that
such activities do not occur between the hours of 10:00 p.m. and 7:00
a.m. and all necessary permits as defined by Borough ordinances have
been procured.
D.
Emergency work. Sounds caused by the performance of emergency work
or by the ordinary and accepted use of emergency apparatus and equipment.
E.
Municipal and utility services. Sounds resulting from the repair
or replacement of any municipal or utility installation in or about
the public right-of-way.
F.
School and public activities. Sounds not electronically amplified,
created by organized school-related programs, activities, athletic
and entertainment events, or other public programs, activities or
events, other than motor vehicle racing events.
G.
Warning devices. Sounds made by warning devices operating continuously
for three minutes or less except in the event of an actual emergency
the time limitation shall not apply.
H.
Special permits. The Chief of the Department of Police, or his designee,
may, upon application grant special permits for infrequent events
or activities.
I.
Certain construction work. Excavations or repairs of bridges, streets
or highways by or on behalf of the Borough during the nighttime when
the public welfare and convenience render it necessary to perform
such work during daytime.
This article shall be enforced by the Police Department of the
Borough.
A.
Whoever violates any provision of this article shall be, upon conviction
thereof, sentenced to pay a fine not less than $25 nor more than $1,000
plus costs and, in default of payment of said fine and costs, to a
term of imprisonment not to exceed 30 days. Each day during which
any person violates any provision of this article shall constitute
a separate offense.
B.
This article and the foregoing penalties shall not be construed to
limit or deny the right of the Borough or any person to such equitable
or other remedies as may otherwise be available with or without process
of law.
