[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.
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.
Any property, including vacant land, which is not used for
residential purposes as defined herein.
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.
The imaginary line, including its vertical extension, that
separates one parcel of real property from another.
A.
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.
B.
The use of off-road vehicles shall be restricted to day hours. Use
of off-road vehicles is, therefore, prohibited during non-day hours.
C.
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.
D.
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.
E.
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.
A.
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.
B.
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.
A.
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.[1]
B.
This chapter shall be enforced by the Borough of Franklin Park Police
Department.
