[HISTORY: Adopted by the Borough Council of the Borough of Franklin Park 7-16-2003 by Ord. No. 522-03. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the following meanings:
- The hours between 9:00 a.m. and 9:00 p.m.
- A standard unit of acoustic measurement having a zero reference of 0.0002 microbar.
- OFF-ROAD VEHICLES
- A motorized vehicle with two or four wheels, used primarily for recreational off-road travel, but does not include properly licensed motor vehicles operated on public roads or agriculture equipment used in farming, snow removal or trade or the business of the owner of the property.
- PROPERTY BEING USED FOR NONRESIDENTIAL PURPOSES
- Any property, including vacant land, which is not used for residential purposes as defined herein.
- PROPERTY BEING USED FOR RESIDENTIAL PURPOSES
- Property which contains one or more dwelling units, including but not limited to single-family attached or detached dwelling units, mobile dwellings, senior citizen housing, adult residential care facilities or nursing homes.
- REAL PROPERTY BOUNDARY LINE
- The imaginary line, including its vertical extension, that separates one parcel of real property from another.
The use of any off-road vehicles which are audible on an adjoining property being used for residential purposes, measured at the dwelling unit of said neighboring property in excess of 65 decibels, is prohibited.
The use of off-road vehicles shall be restricted to day hours. Use of off-road vehicles is, therefore, prohibited during non-day hours.
The use or operation of any off-road vehicles which would constitute a threat to the safety of pedestrians or vehicle operators or where other physical conditions, such as the creation of dust, are such that the use of the off-road vehicles would deprive the public of the right to the safe and peaceful enjoyment of a public street, private residence, park or place for public purpose and would constitute a threat to the safety and welfare of the public is prohibited.
The use and operation of any off-road vehicles within 1,000 feet of a school, church, health care facility or clinic while the same is in session or conducting business therein so as to interfere with the functions of such activities, provided that conspicuous signs are displayed indicating the location of such facility, is prohibited. It will be a violation of this section, even in the absence of conspicuous signs, if persons using off-road vehicles within the one-thousand-foot mark are given notice by the enforcement authority and thereafter continue said use and operation.
The use or operation of any off-road vehicles within 1,000 feet of any hospital, nursing home, adult residential care facility or medical facility so as to interfere with the function of such facility or so as to disturb the quiet, comfort or reposes of a reasonable person of normal sensitivities while confined to or being treated at such facility, provided that conspicuous signs are displayed indicating location of such facility and the sound emanating from the off-road vehicles can be audibly heard within the building or structure, is prohibited. It will be a violation of this section, even in the absence of conspicuous signs, if persons using off-road vehicles within the one-thousand-foot mark are given notice by the enforcement authority and thereafter continue said use and operation.
Noise measurement shall be made with a sound measure meter and compatible octave band analyzer manufactured according to the specifications of the American National Standards Institute, USA Standards, Specifications for General Purpose Sound Level Meters and Preferred Center Frequency for Acoustical Measurements, or any subsequent nationally adopted standard superseding the above standards.
Except where impractical, sound measurements shall be made from the specific position of the complainant at the premises from which noise complaints are received and shall be made at a height of at least three feet above the ground and three feet away from walls, barriers, obstructions or other sound-reflective services. Where the nature of the noise permits, the slow responses setting shall be used to obtain the noise level on the sound level meter. The sound analysis curve shall be plotted in decibels upon the noise-rating numbers chart, and the highest portion of the curve in any octave band above a noise-rating curve shall be the noise rating number for the measurement. The average curve has several measurements which may be used to plot the sound analysis curve.
Any person who shall violate any provision of this chapter or fails to comply therewith or with any of the requirements thereof, upon conviction thereof in an action brought before a Magisterial District Judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not less than $100 nor more than $1,000 plus costs, including reasonable attorneys' fees incurred by the Borough, and, in default of payment of said fine and costs, to a term of imprisonment to the extent permitted by law for the punishment of summary offenses. A separate offense shall arise for each day or portion thereof in which a violation of this chapter is found to exist or for each section of this chapter found to have been violated. The Borough may also commence appropriate actions in equity or other to prevent, restrain, correct, enjoin or abate violations of this chapter. All fines and penalties collected for violation of this chapter shall be paid to the Borough Treasurer. The initial determination of ordinance violation is hereby delegated to the Borough Manager, the Police Department, the Borough Staff, the Borough Building Inspector/Zoning Officer, the authorized designee of the Borough Manager and to any other officer or agent that the Borough Manager or the Borough Council shall deem appropriate.
This chapter shall be enforced by the Borough of Franklin Park Police Department.