[HISTORY: Adopted by the Borough Council of the Borough of
Athens as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-26-2011 by Ord. No. 639, approved 9-26-2011 (Ch. 73, Art.
I, of the 1977 Code)]
The Council, finding that excessive levels of sound are detrimental
to the physical, mental and social well-being of the, residents 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 by
the use of internal engine decompression devices within the Borough.
This article shall also be known as the "Athens Noise Control
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 trauma or property damage.
A motor/engine-retarding device, or any retarding device
or internal engine decompression device 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 "internal engine decompression devices."
A truck, truck tractor or combination having a gross weight
or registered gross weight in excess of 17,000 pounds.
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 for corporations, the
officers and managers thereof or any of them.
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 that American National Standards Institute specifications
for sound level meters (ANSI S1.4-1971, or the latest revision thereof).
If the frequency weighing employed is not indicated, 90 decibels 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 meets
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 or continued 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 such person's right to control.
B.
Specific prohibitions. The following
acts and the causing thereof are declared to be noise disturbances
and therefore in violation of this article; the following acts or
the causing thereof are prohibited.
(1)
The removal or rendering inoperative
by any person other than for purposes of maintenance, repair or replacement
of any muffler or sound deceptive 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 Ordinance Enforcement Officer,
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 deceptive device or element of design or
noise label removed or rendered inoperative, with knowledge that such
action has occurred. The discharge into the open air of the exhaust
of any stationary internal-combustion engine, motorboat or motor vehicle,
except through a muffler or other device, which will effectively prevent
loud or explosive noises therefrom. Further, the discharge of excessive
noise from an engine that has been modified or becomes defective so
as to cause the level of sound emitted to be greater than that emitted
than when originally manufactured, nor shall any person operate said
devices, equipment, etc., with the muffler or noise reduction equipment
removed.
C.
Motor vehicle prohibitions.
(1)
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.
(2)
Motor/engine retarder devices.
No person shall use a "jbrake" 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 Athens. The prohibition
against use of a 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.
(3)
Prima facie violation. The
noise from any of the aforesaid prohibited acts that 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, located across a property line (boundary) front the property
on which the source of the noise is generated, shall be prima facie
evidence of a noise disturbance.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this article
shall, upon conviction in a summary proceeding under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of not less than $100 nor more than $1,000,
plus court costs and reasonable attorneys' fees incurred by the Borough
in the enforcement proceedings. Upon judgment against any person by
summary conviction, or by proceedings by summons on default of the
payment of the fine or penalty imposed and the costs, the defendant
may be sentenced and committed to the county correctional facility
for a period not exceeding 30 days. Each day that such violation exists
shall constitute a separate offense, and each section of this article
that is violated shall also constitute a separate offense. In addition
to or in lieu of enforcement under this section, the Borough may enforce
this article in equity in the Court of Common Pleas of Bradford County.
