[HISTORY: Adopted by the Borough Council of the Borough of
Wyalusing as indicated in article histories. Amendments noted where
applicable.]
[Adopted 12-19-2005 as
Ch. 18 of the 2005 Code]
A.
The Council, finding that excessive levels of sound are detrimental
to the physical, mental and social well-being of the, residents as
well as to their comfort, living conditions, general welfare and safety
and being therefore a public health and welfare hazard, hereby declares
it to be necessary to provide for the greater control and more effective
regulation of excessive sound and the sources of excessive sound by
the use of internal engine decompression device within the Borough.
B.
The purpose of this article is to prohibit the use of internal engine
decompression device and mufflers as authorized under the Borough
Code found at 8 Pa.C.S.A. § 1202(4).
[Added 8-7-2017]
This article shall also be known as the "Internal Engine Decompression
Device and Mufflers Ordinance."
The following words, terms and phrases when used in this article,
shall have the meanings herein given, except where the context clearly
indicates a different meaning:
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage.
A motor/engine retarding device, or any retarding device
or internal engine decompression device 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, such devices
are commonly known as "internal engine decompression device."
A truck, truck tractor or combination having a gross weight
or registered gross weight in excess of 17,000 pounds.
A device designed or used for decreasing or abating the level
of sound escaping from an engine or machinery system.
Any sound which annoys or disturbs humans or which causes
or tends to cause an adverse psychological or physiological effect
on humans.
Any sound which:
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.
Any street, avenue, highway, sidewalk, alley or similar place,
which is owned or controlled by a government entity.
An oscillation in pressure, particle displacement, particle
velocity or other physical parameter, in a medium with internal forces
that cause compression and rarefaction of that medium, or the, superposition
of such propagated oscillation which evokes an auditory sensation.
The description of sound may include any characteristics of such sound,
including duration, intensity and frequency.
The weighted sound pressure level obtained by the use of
a sound level meter and frequency weighing network such as A, B or
C, as specified in that American National Standards Institute specifications
for sound level meters (ANSI S1.4-1971, or the latest revision thereof).
If the frequency weighing employed is not indicated, 90 decibels shall
apply.
An instrument, which includes a microphone, amplifier, RMS
detector, integrator or time averager, output meter and any applicable
weighing network used to measure sound pressure levels which meets
or exceed the requirement for a Type I or Type H sound level meter
as specified in ANSI Specification S1.4-1971. The manufacturer's
published indication of compliance with such specifications shall
be prima facie evidence of such compliance.
A motor vehicle designed, used or maintained primarily for
the transportation of property.
A motor vehicle designed and used primarily for drawing other
vehicles and not so constructed as to carry a load other thin a part
of the weight of the vehicle and load so drawn.
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 track.
A.
Noise disturbance prohibited. No person shall make, continue or cause
to be made or continued any noise disturbance, nor shall any person
suffer, allow or permit any noise disturbance to be made or continued
from or at any property, whether real or personal, that is subject
such person's right to control.
B.
Specific prohibitions. The following acts and the causing thereof
are declared to be noise disturbances and therefore in violation of
this article:
(1)
The following acts or the causing thereof are prohibited:
(a)
The removal or rendering inoperative by any person other than
for purposes of maintenance. Repair or replacement of any muffler
or sound-dissipative device or element of design or noise label of
any product;
(b)
The intentional moving or rendering inaccurate or inoperative
of any sound-monitoring instrument or device positioned by or for
the Code Enforcement Officer, provided that such device or the immediate
area is clearly labeled in accordance with noise control regulations
to warn of the potential illegality; and
(c)
The use of a product which has had a muffler or sound-dissipative
device or element of design or noise label removed or rendered inoperative,
with knowledge that such action has occurred. The discharge into the
open air of the exhaust of any stationary internal-combustion engine,
motorboat or motor vehicle, except through a muffler or other device,
which will effectively prevent loud or explosive noises therefrom.
Further, the discharge of excessive noise from an engine that has
been modified or becomes defective so as to cause the level of sound
emitted to be greater than that emitted then when originally manufactured,
nor shall any person operate said devices, equipment, etc., with the
muffler or noise-reduction equipment removed.
C.
Motor vehicle prohibitions.
(1)
Motor vehicle and motorcycles on public rights-of-way. No person
shall operate or cause to be operated a public or private motor vehicle
or motorcycle, or any equipment attached to such a vehicle, on a public
right-of-way at any time in such a manner that the sound level set
forth in Pennsylvania Department of Transportation Regulations.
(2)
Motor/engine retarder devices. No person shall use a brake or other
motor/engine-retarding device while operating a truck, truck tractor,
motor carrier vehicle, motor vehicle or any other vehicle within the
Borough of Wyalusing. The prohibition against use of a brake or other
motor/engine-retarding device shall not apply to an "emergency vehicle,
as defined in Pennsylvania Title 75 when said emergency vehicle is
actually responding to an emergency call.
(3)
Prima facie violation. The noise from any of the aforesaid prohibited
acts that disturbs two or more residents who are in general agreement
as to the times and durations of the noise and who reside in separate
residences, including apartments, located across a property line (boundary)
front the property on which the source of the, noise is generated,
shall be prima facie evidence of a noise, disturbance.
[Amended 8-7-2017]
A.
Civil enforcement. Any person, firm or corporation who shall violate
any provision of this article shall, upon being found in violation
thereof, be subject to a civil penalty not to exceed $600 per violation
for each day of violation and for violation of each applicable section
of the article. If the penalty is not paid, the Borough shall initiate
a civil action for collection in accordance with the Pennsylvania
Rules of Civil Procedure.
B.
In addition, if found in violation, the violator shall be subject
to the assessment for court costs and reasonable attorney fees incurred
by the Borough in enforcement proceedings.
C.
The Council delegates the initial determination of the article violation
and service of notice of violation to the Code Enforcement Officer.
The Borough may enforce the article in equity in the Bradford County
Court of Commons.
[Added 8-7-2017]
In the event that any individual section or provision within
this article shall be found invalid, the invalidity shall pertain
only to the specific section, and all other aspects of this article
shall remain in full force and effect.
[Adopted 12-19-2005 as
Ch. 20 of the 2005 Code]
[Added 8-7-2017]
The purpose of this article is to regulate noise as authorized
under the Borough Code found at 8 Pa.C.S.A. § 1202(14).
It is hereby declared to be a nuisance and disorderly conduct
for any person, firm or corporation to make, cause or permit on any
premises owned, occupied or controlled by it or up on any public street
in the Borough of Wyalusing or any other public place in the Borough
of Wyalusing any unnecessary noise by means of human voices or by
any other means or methods which are so loud, harsh, prolonged, unnatural
or unusual in their use or time as to be physically annoying to people
or which affect and are a detriment to the public health, peace, convenience,
safety, welfare, prosperity and comfort of the residents of said Borough.
The following acts and noises are declared to be loud, disturbing
and necessary noises in violation of this article, but this enumerations
shall be deemed to be illustrative only and not an exclusive enumeration
of such noises:
A.
Horns and signaling devices. The sounding of any horn or signaling
device on any automobile, motorcycle, public conveyance or other vehicle
on any street or other private of public place in the Borough, except
as a danger warning.
B.
Car alarms. The sounding, or allowing to be sounded, of any vehicle
alarm for any reason other than an emergency, on any vehicle parked
on any street or public place within the Borough of Wyalusing for
a length of time which exceeds 10 minutes. For the purpose of this code,
the registered owner of the vehicle shall be deemed the person responsible
for any violation involving an unoccupied vehicle. More than two instances
of any alarm sounding on the same vehicle for any cause other than
an emergency within an eight-hour period shall authorize the towing
of the offending vehicle, at the owner's expense, from any public
area or area accessible to the public.
C.
Burglar, intruder, security, etc. alarms. The sounding, or allowing
to be sounded, of any burglar, intruder, or security or fire alarm
at a residence or a commercial establishment for a length of time
that exceeds 10 minutes, for any reason other than an emergency for
which the system was designed and installed. For the purpose of this code,
the owner of the property, or the lessee, if said lessee is responsible
for maintenance of the alarm system, shall be deemed the person responsible
for any violation involving a nonemergency sounding of the alarm more
than one hour of continuous sound will constitute a violation. More
than two instances of an alarm sounding at the same location for any
cause other than an emergency within an eight-hour period shall be
cause for the imposition of a fine or such penalty as provided by
this code or the Borough Council of the Borough of Wyalusing.
D.
Radios, tape players, compact disc players, phonographs, amplified
musical instruments, motor vehicle sound systems, musical instruments
and similar devices. The using, operating or permitting to be played,
used of operated of any radio, musical instrument or instruments,
phonograph or other machine or device for the producing or reproducing
of sound, in such a manner as to disturb the peace, quiet and comfort
of neighboring inhabitants or at any time with louder volume that
is necessary for convenient hearing for the person or persons who
are voluntary listeners thereto. Neighboring inhabitants shall be
interpreted to mean those persons in close proximity to the operator
of an above-listed device in a park or playground. The operation of
any such set, instrument, phonograph, machine or device between the
hours of 12:00 midnight and 7:30 a.m. in such manner as to be plainly
audible on adjacent properties shall be prima facie evidence of a
violation of this section.
E.
Loudspeakers, amplifiers or advertising. The using or operating of
or permitting to be played, used or operated any radio receiving set,
musical instrument, phonograph, loudspeaker, sound amplifier or other
machine device for the producing or reproducing of sound which is
cast upon the public street for the purpose of advertising or attracting
the attention of the public to any building or structure without the
prior written authorization of the Borough Council, upon such terms
as will not impair public health as determined by the Borough Council
using reasonable standards.
F.
Motor vehicles.
(1)
Noise emanating from the operation on a motor vehicle on public highways
regulated by the Commonwealth of Pennsylvania Motor Vehicle Code.[1] The maximum levels set forth in the Motor Vehicle Code
for the operation of vehicles on public highways as they may be amended
from time to time are hereby designated to be the maximum permissible
noise levels for the operation of motor vehicles on all other property
as well as public highways within the Borough of Wyalusing.
[1]
Editor's Note: See 75 Pa.C.S.A. § 3501 et seq.
(2)
Allowing the engine of a truck or bus, including school buses, to
idle while the vehicle is standing for a period exceeding five minutes,
with the exception of vehicles with refrigeration systems where the
engine must be running in order to power the refrigeration unit or
vehicles that are parked in the Industrial District.
G.
Schools and churches. The creation of any excessive noises on any
street adjacent to any school, institution of learning, or church
while the same is in use, which unreasonably and unnecessarily interferes
with the workings of such institutions.
H.
Restaurants and private clubs. The playing, causing to be played
or permitting to be played of music of any kind or description, including
instrumental music, radio, player piano, jukebox, recorder, electronically
produced or vocal music, which interferes with the repose, health,
comfort, safety or welfare of any person, and is plainly audible from
adjacent properties in any restaurant, bar, tavern and/or other public
place licensed to sell liquors, wines or beer to be consumed on the
premises. This section will not supersede the regulations of the Pennsylvania
Liquor Control Board.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The provisions of this article shall not apply to military or
civil parades.[1]
[Amended 8-7-2017]
A.
Civil enforcement. Any person, firm or corporation who shall violate
any provision of this article shall, upon being found in violation
thereof, be subject to a civil penalty not to exceed $600 per violation
for each day of violation and for violation of each applicable section
of the article. If the penalty is not paid, the Borough shall initiate
a civil action for collection in accordance with the Pennsylvania
Rules of Civil Procedure.
B.
In addition, if found in violation, the violator shall be subject
to the assessment for court costs and reasonable attorney fees incurred
by the Borough in enforcement proceedings.
C.
The Council delegates the initial determination of the article violation
and service of notice of violation to the Code Enforcement Officer.
The Borough may enforce the article in equity in the Bradford County
Court of Commons.
[Added 8-7-2017]
In the event that any individual section or provision within
this article shall be found invalid, the invalidity shall pertain
only to the specific section, and all other aspects of this article
shall remain in full force and effect.
