[HISTORY: Adopted by the Borough Council of the Borough of
Slippery Rock as indicated in article histories. Amendments noted
where applicable.]
[Adopted 7-6-1999 by Ord. No. 573 (Ch. 6, Part 8, of the
1983 Code)]
A.
It is unlawful for any person to make or continue to make, or cause
to be made or continued, within the Borough, any loud or unnecessary
noise or any noise which may reasonably be anticipated to annoy, disturb,
injure or endanger the comfort, repose, peace, health or safety of
others, whether due to volume or duration, or both.
B.
Without limitation as to the types of noise-producing acts which
are in violation of this article, noise produced by the following
acts is declared to be loud, disturbing and unnecessary noise in violation
of this article:
(1)
Radios and other amplified music: use or operation of, or permitting
the use or operation of, any radio, CD player, television set, musical
instrument, phonograph or other machine or device designed to or intended
to produce or reproduce sound in such a manner as to disturb the peace,
quiet and comfort of residential inhabitants or at any time with louder
volume than is necessary for convenient hearing by the person or persons
who are in the room, vehicle or chamber in which such machine or device
is operating and who are voluntary listeners thereto. The operating
of any such machine or device between the hours of 10:00 p.m. and
6:00 a.m. in such a manner as to be plainly audible at a distance
of 50 feet from the residential property line or vehicle in which
it is located shall be prima facie evidence of a violation of this
article.
(2)
Loudspeakers and/or amplifiers upon public streets: use or operation
of or permitting the use or operation of any radio, CD player, television
set, musical instrument, phonograph, loudspeaker, sound amplifier
or other machine or device designed or intended to produce or reproduce
sound which is audible upon the public streets for the purpose of
commercial advertising or attracting the attention of the public to
any thing or activity or to any building or structure.
(3)
Yelling, shouting, etc.: yelling, shouting, whistling or singing
on the public streets between the hours of 10:00 p.m. and 6:00 a.m.
or at any time or place so as to annoy or disturb the quiet, comfort
or repose of persons in any office or in any dwelling or residence
or of any person in the vicinity.
(4)
Construction or repair activities: the performance of any construction
or repair work of any kind upon or excavating for any building or
structure, where any such work entails the use of any air compressor,
jackhammer, power-driven drill, riveting machine, excavator, hand
hammer on steel or iron or any other machine, tool, device or equipment
which makes loud noises to the disturbance of persons occupying sleeping
quarters in a dwelling, hotel or apartment or other place of residence.
The above use of machinery or equipment that produces such unnecessary
noise shall be prohibited on any Sunday or any other day between the
hours of 8:00 p.m. and 7:00 a.m. The provisions of this subsection
do not apply to any person, firm, partnership or corporation who performs
any construction, repair or excavation pursuant to the express written
permission of the Code Enforcement Officer or his designee. Such person,
firm, partnership or corporation must first apply for a permit for
permission and pay a fee to the Borough of Slippery Rock which shall
be set pursuant to a resolution of the Borough of Slippery Rock. Upon
receipt of an application in writing, stating the reasons for the
request and the fact upon which such reasons are based, the Code Enforcement
Officer or his designee may issue a permit if the activity is not
otherwise prohibited by law or other regulation and he finds that:
(5)
Rubbish collection: the performance of any rubbish collection utilizing
any mechanical equipment in any residential zone or within 500 feet
of any residential zone between the hours of 9:00 p.m. and 6:00 a.m.
(6)
Landscape maintenance activities: use of weedblowers, powered lawn
mowers and/or other powered landscape maintenance equipment between
the hours of 9:00 p.m. to 6:00 a.m. on any day.
This article shall not apply to:
A.
The construction, repair or excavation during prohibited hours as
may be necessary for the preservation of life or property when such
necessity arises during such hours as the offices of the Borough are
closed or where such necessity requires immediate action prior to
the time at which it would be possible to obtain required permits,
provided that the persons doing such construction, repair or excavation
obtain a permit therefor within one day after the office of the Code
Enforcement Officer is first opened subsequent to the undertaking
of such construction, repair or excavation.
B.
The construction, repair or excavation by a public utility which
is subject to the jurisdiction of the Public Utilities Commission,
provided such work is necessary for the immediate preservation of
the public health, safety or welfare and where such necessity makes
it necessary to construct, repair or excavate during the prohibited
hours.
C.
In any area of the Borough which is classified an industrial district
and which is not less then 500 feet from any residential zone.
Any person aggrieved by the decision of the Code Enforcement Officer or his designee under § 193-1B(4) of this article may request and shall then be granted a hearing before the Slippery Rock Board of Appeals, provided he files with the Code Enforcement Officer within 10 days after making the decision a written notice requesting such hearing and setting forth a brief statement of the grounds therefor. The hearing shall commence not later than 30 days after the date on which the request was filed, unless postponed for sufficient cause. After such hearing, the Slippery Rock Building Board of Appeals shall sustain, modify or overrule the action of the Code Enforcement Officer or his designee.
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 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 Borough correctional facility for a period not exceeding
10 days or 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 Butler County.
The violation of any of the provisions of this article shall
constitute a nuisance and may be abated by the Borough through civil
process by means of a restraining order, preliminary or permanent
injunction or in any other manner provided by law for the abatement
of such nuisances. The remedies provided herein for the enforcement
of this article, or any remedy provided by law, shall not be mutually
exclusive, rather they may be employed simultaneously or consecutively,
at the option of Slippery Rock Borough.
[Adopted 10-2-2012 by Ord. No. 671]
This article shall be known as the "Slippery Rock Borough Engine
Brake Ordinance 671."
This article is warranted on SR 108 from Segment 90, Offset
0075 (Slippery Rock Township/Slippery Rock Borough line), east to
Segment 120, Offset 1175 (near Dollar General Store entrance, approximately
300 feet west of the intersection with Normal Avenue).
The Borough Council of the Borough of Slippery Rock, Butler
County, Pennsylvania, finds as a fact that the operation of an engine
brake on a gasoline-powered or diesel-powered motor vehicle 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 adversely affects the public health, safety and welfare
of the residents of the Borough of Slippery Rock and, therefore, is
a nuisance in fact.
No gasoline-powered or diesel-powered motor vehicle shall be operated on the streets, roads, alleys or highways identified in § 193-7 herein, utilizing in said operation an engine brake without exhaust mufflers or with defective or modified exhaust mufflers permitting excessive noise to be created by said motor vehicle.
This article shall not apply to emergency driving situations
requiring the utilization of an engine brake to protect the safety
and property of the residents of Slippery Rock Borough, other motor
vehicle operators, pedestrians, and the operator and passengers of
the motor vehicle involved in said emergency situation.
Any person who violates any provision of this article shall,
upon conviction, be sentenced to pay the fines and penalties set forth
in the appropriate section of the Pennsylvania Vehicle Code (75 Pa.C.S.A.
§ 101 et seq.), plus costs.
