[Adopted 9-26-2011 by Ord. No. 639, approved 9-26-2011 (Ch. 73, Art.
I, of the 1977 Code)]
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 devices within the Borough.
This article shall also be known as the "Athens Noise Control
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:
EMERGENCY
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage.
INTERNAL ENGINE DECOMPRESSION DEVICE
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 devices."
MOTOR CARRIER VEHICLE
A truck, truck tractor or combination having a gross weight
or registered gross weight in excess of 17,000 pounds.
NOISE
Any sound which annoys or disturbs humans or which causes
or tends to cause an adverse psychological or physiological effect
on humans.
NOISE, DISTURBANCE
Any sound which:
A.
Endangers or injures the safety or health of humans or animals;
B.
Annoys or disturbs a reasonable person of normal sensitivities;
C.
Endangers or injures personal or real property; or
D.
Is in excess of the sound levels by zoning districts established in §
334-4.
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.
PUBLIC RIGHT-OF-WAY
Any street, avenue, highway, sidewalk, alley or similar place
which is owned or controlled by a government entity.
SOUND
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.
SOUND LEVEL
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.
SOUND LEVEL METER
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.
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 track.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 less than $100 nor 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 Bradford County.