[HISTORY: Adopted by the Borough Council of the Borough of Kittanning as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 258.
Firearms and weapons — See Ch. 312.
Peace and good order — See Ch. 410.
Railroads — See Ch. 438.
Vehicles and traffic — See Ch. 524.
Zoning — See Ch. 550.
[Adopted 11-23-1981 by Ord. No. 261-1981 (Ch. VI, Part 3, of the 1970 Code of Ordinances)]
The Council of the Borough of Kittanning, (hereinafter called the "Borough") hereby finds and declares:
A. 
The making and creation of loud, unnecessary or unusual noises within the limits of the Borough is a condition which has existed for some time and the extent and volume of such noise is increasing.
B. 
The making, creating or maintenance of such loud, unnecessary and unnatural or unusual noises which are prolonged, unusual or unnatural in their time, place and use, affect and are detrimental to public health.
C. 
The necessity in the public interest for the provisions and prohibitions hereinafter contained and enacted is declared as a matter of legislative determination and public policy, and it is further declared that the provisions and prohibitions hereinafter contained and enacted are in pursuance of and for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare and prosperity and the peace and quiet of the Borough and its inhabitants.
It shall be unlawful for any person to make, continue or cause to be made or continued any loud, unnecessary or unusual noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others, within the limits of the Borough.
The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this article, but such enumeration shall not be deemed to be exclusive, namely:
A. 
Horns, signaling devices, etc. The sounding of any horn or signaling device on any motor vehicle, motorcycle, locomotive or other means of conveyance within the limits of the Borough, except as a danger warning; the creation by means of such signaling device of any unreasonably loud or harsh sound; and the sounding of any such device for any unnecessary and unreasonable period of time. The use of any signaling device except one operated by hand or by electricity; the use of any horn, whistle or other device operated by engine exhaust; and the use of any signaling device when traffic is for any reason held up;
B. 
Racing motors. The unnecessary or unnatural acceleration, deceleration or racing of motors in motor vehicles, whether in motion or at rest, within the limits of the Borough;
C. 
Exhausts. The discharge upon the open air or the exhaust of any steam or diesel locomotive, stationary internal combustion engine, motorboat or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom;
D. 
Defect in vehicle or load. The use of any motor vehicle, motorcycle or other piece of machinery or equipment so out of repair or so loaded or in such a manner as to create loud and unnecessary grating, grinding, rattling or other noise;
E. 
Radios, phonographs, etc. The using, operating or permitting to be played, used or operated any radio receiving sets, musical instruments, sound amplifiers, phonographs, or other machines or devices for the producing or reproducing of sound in such a manner as to disturb the peace, quiet, comfort and repose of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle or chamber in which such machine or device is operated and who are voluntary listeners thereto. The operation of any such sound-producing machine or device between the hours of 11:00 p.m. and 7:00 a.m., in such a manner as to be plainly audible at a distance of 50 feet from the building, structure or vehicle in which it is located, shall be prima facie evidence of a violation of this section;
F. 
Loudspeakers, amplifiers for advertising. The using, operating or permitting to be played, used or operated of any radio receiving set, musical instrument, phonography, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure;
G. 
Yelling, shouting, etc. Yelling, shouting, hooting, whistling or singing on the public streets, particularly 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 school, church or office, or in any dwelling, hotel or other type of residence, or of any persons in the vicinity;
H. 
Loading, unloading, opening boxes. The creating of a loud, excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and containers;
I. 
Animals, birds, etc. The keeping of any animal or bird which by causing frequent or long continued noise shall disturb the comfort or repose of any persons in the vicinity;
J. 
Construction or repairing of buildings. The erection (including excavation), demolition, alteration or repair of any streets, highways, lands and buildings other than between the hours of 8:00 a.m. and 6:00 p.m., on weekdays, except in case of urgent necessity in the interest of public health and safety, and then only with a permit from the Building Inspector, which permit may be granted for a period not to exceed three days or less while the emergency continues and which permit may be renewed for periods of three days or less while the emergency continues. If the Building Inspector should determine that the public health and safety will not be impaired by the erection, demolition, alterations or repair of any building or the excavation of streets and highways within the hours of 6:00 p.m. and 8:00 a.m., and if he shall further determine that loss or inconvenience would result to any part in interest, he may grant permission for such work to be done within the hours of 6:00 p.m. and 8:00 a.m., upon application being made at the time the permit for the work is awarded or during the progress of the work;
K. 
Hawkers, peddlers. The shouting and crying of peddlers, hawkers, and vendors which disturb the peace and quiet of the neighborhood;
L. 
Railway, operation thereof. The causing, permitting or continuing any excessive unnecessary and avoidable noise in the operation of any railway locomotive or railway car or train of cars.
[Amended 4-10-1989 by Ord. No. 333-1989]
Any person who violates any provision of this article shall, for every such violation, be sentenced to pay a fine of not more than $1,000 and costs of prosecution, and, in default of payment of fine and costs, to undergo imprisonment for not more than 30 days. Each day on which a violation exists or is continued shall constitute a separate violation. "Person" shall mean and include any natural person, partnership, firm, association, utility, corporation or authority created pursuant to law. As applied to associations, the word "person" shall include the partners or members thereof; as applied to corporations, it shall include the officers thereof.
[Adopted 3-5-2001 by Ord. No. 415-2001]
This article shall be known as the "Kittanning Borough Engine Brake Ordinance."
This article is established pursuant to the policy established by the Commonwealth of Pennsylvania, Department of Transportation, regarding brake retarder prohibitions, a study having been performed pursuant to said procedure by the Department of Transportation on State Routes 1040 and 1033 within Kittanning Borough and the authority to enact an appropriate ordinance prohibiting the use of engine retarders pursuant to said procedure as evidenced by correspondence from the Commonwealth of Pennsylvania, Department of Transportation, District Engineer of Engineering District 10-1.
The Borough Council of the Borough of Kittanning, Armstrong County, Pennsylvania, finds it a fact that the operation of an engine brake on a gasoline-powered or diesel-powered motor vehicle so as to create excessive noise through the use of said engine brake on State Routes 1040 and 1033 within Kittanning Borough adversely affects the public health, safety and welfare of the residents of the Borough and, therefore, is a nuisance in fact.
No gasoline-powered or diesel-powered motor vehicles shall be operated on State Routes 1040 and 1033 within Kittanning Borough utilizing in said operation an engine brake which permits 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 Kittanning Borough, other motor vehicle operators, pedestrians, and the operator and passengers of the motor vehicle in said emergency situation.
Any person, firm, operation or organization violating any of the provisions of this article shall, upon summary conviction, be sentenced to pay a fine of not more than $300 and costs of prosecution, and, in default of payment thereof, shall be sentenced to undergo imprisonment in the Armstrong County Jail for a period not in excess of 10 days.
Pursuant to the procedures of the Commonwealth of Pennsylvania, Department of Transportation, and pursuant to regulations of the Department with respect to signs on highways, the Borough shall cause to be erected upon the roadways herein specified signs regarding the prohibition of the use of said engine brakes on the designated roadways.
This article, as per procedure of the Commonwealth of Pennsylvania, Department of Transportation, shall be enforceable by the Kittanning Borough Police Department.