Borough of New Eagle, PA
Washington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of New Eagle as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-4-2016]
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 11:00 p.m. and 7:00 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 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 New Eagle, which fee shall be set pursuant to a resolution of the Council of the Borough of New Eagle. 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:
(a) 
The work proposed to be done is in the public interest.
(b) 
Hardship or injustice or unreasonable delay would result from the interruption thereof during the hours and days specified above.
(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 weed blowers, powered lawn mowers and/or other powered landscape maintenance equipment between the hours of 9:00 p.m. and 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 than 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 New Eagle Borough Council, provided he files with the Code Enforcement Officer within 10 days after 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 New Eagle Borough Council 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 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 Washington 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 the Borough of New Eagle .
[Adopted 10-4-2016]
This article shall be known as the "New Eagle Borough Engine Brake Ordinance."
The Borough of New Eagle, Washington 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 New Eagle, Pennsylvania, and therefore is a nuisance in fact.
No gasoline-powered or diesel-powered motor vehicle shall be operated on the following streets, roads or highways within the limits of the Borough of New Eagle, Washington County, Pennsylvania, 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:
SR 88 in both directions within the Borough limits
SR 837 in the southbound direction from the Borough limit to the intersection with SR 88
SR 837 in the northbound direction at the intersection with SR 88
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 New Eagle Borough, other motor vehicle operators, pedestrians, individuals on bicycles, etc., and the operator and passengers of the motor vehicle involved in said emergency situation.
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 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 Washington County.