Unless otherwise expressly stated or the context clearly indicates
a different intention, the following terms have the following meanings:
BOROUGH
The Borough of Ephrata, Lancaster County, Pennsylvania.
BRAKE RETARDER/COMPRESSION RELEASE BRAKE
A motor/engine retarding device, or any retarding device
or system that brakes on the motor or engine rather than on the wheels
as a means of slowing or stopping a truck, truck tractor, motor carrier
vehicle, motor vehicle or vehicle.
CONSTRUCTION OPERATION
The erection, repair, renovation, demolition or removal of
any building or structure and the excavation, filling, grading and
regulation of lots in connection therewith; the construction, reconstruction
or repair of any street, alley or other area intended for vehicular
or pedestrian use.
EMERGENCY
Any occurrence or set of circumstances involving actual or
imminent physical or psychological trauma or property damage which
demands immediate action.
EMERGENCY WORK
Any work performed for the purpose of preventing or alleviating
the physical trauma or property damage threatened or caused by an
emergency.
IMPULSIVE SOUND
Sound of short duration, usually less than one second, with
an abrupt onset and rapid decay. Examples of impulsive sound include
explosions, drop forge impacts and the discharge of firearms.
MOTOR CARRIER VEHICLE
A truck, truck tractor or combination having a gross weight
or registered gross weight in excess of 17,000 pounds.
MOTOR VEHICLE
Any motor-powered vehicle designed to carry at least one
passenger or driver, including, but not limited to, those motor-powered
vehicles of the type typically licensed for use on the public highways;
a vehicle which is self-propelled, except an electric personal assistance
mobility device or a vehicle which is propelled solely by human power.
MOTORCYCLE
An unclosed motor vehicle, having a saddle for the use of
the operator, with two or three wheels in contact with the ground,
including, but not limited to, motor scooters and minibikes.
NOISE
Any plainly audible sound emitted by a person, an appliance,
equipment, instrument, other device or an animal which annoys or disturbs
humans or which causes or tends to cause an adverse psychological
or physiological effect on humans.
NOISE DISTURBANCE
In addition to those unlawful noises prohibited in §
214-3 of this chapter, any sound which:
A.
Endangers or injures the safety or health of humans or animals;
or
B.
Annoys or disturbs a reasonable person of normal sensitivities;
or
C.
Endangers or injures personal or real property.
NOISE-CREATING DEVICE
Any electrical, mechanical or chemical device or instrument,
or combination thereof, that creates noise during its operation by
a person.
PERSON
Any individual, association, partnership or corporation,
and includes any officer, employee, department, agency or instrumentality
of a state or any political subdivision of a state. Whenever used
in any clause prescribing and imposing a penalty, "person" includes
the individual members, partners, officers and managers or any of
them of partnerships and associations and, as for corporations, the
officers and managers thereof or any of them.
PLAINLY AUDIBLE
Any sound that can be detected by a person of normal sensibilities
using his or her unaided hearing facilities.
POWERED MODEL VEHICLE
Any self-propelled airborne, waterborne or land-borne plane,
vessel or vehicle which is not designed to carry persons, including,
but not limited to, any model airplane, boat, car, drone or rocket.
PROPERTY LINE (BOUNDARY)
An imaginary line drawn through the points of contact of
adjoining lands, apartments, condominiums, townhouses and duplexes
owned, rented or leased by different persons; a demarcation or a line
of separate properties and, also, for any two or more buildings sharing
common grounds, the line drawn midway between any two such buildings.
All areas devoted to public rights-of-way shall be deemed to be across
the property line. For the purpose of this definition, the property
line includes all points on a plane formed by projecting the property
line in a manner deemed appropriate by the enforcement officer.
PUBLIC RIGHT-OF-WAY
Any street, avenue, boulevard, highway, sidewalk, alley or
similar place which is owned or controlled by a governmental entity.
PUBLIC SPACE
Any real property or structures thereon which are owned or
controlled by a governmental entity.
REAL PROPERTY
All land, whether publicly or privately owned, whether improved
or not improved, with or without structures, exclusive of any areas
devoted to public rights-of-way.
SOUND
Something audible: something that can be heard; vibrations
sensed by ear: vibrations traveling through air, water, or some other
medium, especially those within the range of frequencies that can
be perceived by the human ear. The description of sound may include
any characteristic of such sound, including duration, intensity and
frequency.
SOUND EQUIPMENT
Any radio, record player, tape deck or player, loudspeaker,
amplifier, soundtrack or other device for producing, reproducing or
amplifying sound, except, however, "sound equipment" does not include
mobile radio or telephone signaling devices and automobile and truck
radios, tape decks or players or other such standard equipment used
and intended for the use and enjoyment of the occupants, provided
that the sound emitted therefrom is not plainly audible at a distance
greater than 50 feet from such automobile or truck.
TRUCK
A motor vehicle designed, used or maintained primarily for
the transportation of property.
TRUCK TRACTOR
A motor vehicle designed and used primarily for drawing other
vehicles and not so constructed as to carry a load other than a part
of the weight of the vehicle and load so drawn.
VEHICLE
Every device in, upon or by which any person or property
is or may be transported or drawn upon a highway, except devices used
exclusively upon rails or tracks.
The provisions of this chapter shall be enforced by Borough
police officers, Borough ordinance enforcement officers, and others
designated by the Council of the Borough of Ephrata.
A temporary waiver from strict compliance with the noise standards
specified herein may be granted to persons for emergencies, as determined
by the Borough Manager or his or her designee, to protect health and
safety or to comply with other lawful rules, regulations and ordinances.