[Adopted 10-13-1998 by Ord. No. 14-1998 (Ch. 74, Art. I, of
the 1993 Code)]
It is hereby found and declared that it is the public policy
of the Township of Buena Vista to significantly reduce the ambient
noise level in the Township of Buena Vista so as to foster and protect
the public health, comfort, safety and welfare of its citizens. As
a matter of legislative determination and public policy, the provisions,
regulations and prohibitions of this article are in pursuit of and
for the purpose of securing and promoting the comfort, peace and quiet
to which the residents of the Township of Buena Vista are entitled.
No person shall make, continue or cause to permit to be made
or continued any unnecessary noise.
The prohibitions contained in this article shall not apply to
persons:
A. Who are engaged in the performance of any public or governmental
function, such as the sounding of a church or school bell or a police,
fire, ambulance, air raid or like disaster warning, alert or alarm,
whether such alarm be for an actual emergency purpose or for practice
or drilling purposes.
B. Who are engaged in religious, charitable, recreational, civic or
political activity by means of a sound truck or other amplifying device
for nonprofit purposes, provided that such persons shall have first
obtained a permit from the Township of Buena Vista, upon written application,
setting forth the sponsorship, date, hours and routes of such activity.
The Township Committee shall issue such permit unless, having considered
the date, time and route it shall determine that the noise created
by such activity shall cause undue discomfort to the public.
C. Who are engaged in any activity specifically permitted or required
by any ordinance, resolution, statute or governmental regulation.
D. Employed by public utility companies engaged in emergency repair
service; provided, however, that such noise does not exceed levels
reasonably necessary to accomplish such work.
[Adopted 12-27-2004 by Ord. No. 14-2004 (Ch. 74, Art. II,
of the 1993 Code)]
As used in this article, the following terms shall have the
meanings indicated:
ENGINE BRAKING
The use or operation of any mechanical exhaust device designed
to aid in the braking, decompression or deceleration of any motor
vehicle which results in the excessive, loud, unusual or explosive
noise from such vehicle.
It shall be unlawful for the driver of any motor vehicle to
use or operate or cause to be used or operated, at any time and on
any road within the Township of Buena Vista, any mechanical exhaust
or decompression device which results in a practice known as "engine
braking."
The provisions of this article shall not apply to the application
of unmuffled compression brakes where necessary for the protection
of persons and/or property which cannot be avoided by application
of an alternative braking system. Noise caused by the application
of engine compression brakes, otherwise known as "engine braking,"
which is effectively muffled or if the application is necessary for
the health, safety and welfare of the community is exempt from the
provisions of this article. Sounds created by emergency equipment
for emergency purposes are also exempt.
The Township is hereby authorized to post at reasonable locations
within the Township signs indicating the prohibition of engine braking.
Upon any initial conviction of any violation of this section, such person shall be punishable as provided in Chapter
1, General Provisions, §
1-15.