[Adopted 7-6-1999 by Ord. No. 573 (Ch. 6, Part 8, of the
1983 Code)]
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.