AN ORDINANCE OF THE BOROUGH OF LEECHBURG, ARMSTRONG COUNTY,

PENNSYLVANIA AMENDING THE INTERNATIONAL PROPERTY MAINTENANCECODE, THE UNIFORM CONSTRUCTION CODE, OR ANY OTHER ORDINANCES OF THE BOROUGH OF LEECHBURG THAT REGULATES AND GOVERNS CONSTRUCTION ON RESIDENTIAL OR COMMERCIAL PROPERTY OR ANY OTHER STRUCTURE OR ATHLETIC COMPLEX, TO ESTABLISH HOURS OF OPERATION AS A CONDITION TO AN ISSUED BUILDING PERMIT OR ANY OTHER ISSUED BOROUGH PERMIT AND PROVIDING PENALTIES FOR VIOLATION OF THE ESTABLISHED HOURS.

SECTION 1: PURPOSE AND INTENT:

The purpose of this ordinance is to protect the health, safety and general welfare of the inhabitants of Leechburg Borough and to prohibit the enumerated acts as creating a hazard or public nuisances that would be detrimental to health or safety of the inhabitants of the said township, deprive residents of the lawful use and enjoyment of their property, and be unusually annoying.

SECTION 2: AUTHORITY:

This ordinance is enacted pursuant to the applicable provisions of the Borough Code as amended.

SECTION 3: NUISANCES DECLARED ILLEGAL AND PROHIBITED:

Nuisances, including the following are hereby declared to be illegal and are prohibited, any generation of noise, sound or lighting which is unnecessarily loud and/or occurs at any location where a building permit or other permit issued by the Borough of Leechburg for construction of any building, structure, athletic complex or such similar construction projects is taking place before 7:00 o’clock a.m. and after 7:00 o’clock p.m. as that activity annoys, disturbs and/or endangers the comfort, health, safety and/or peace of others on adjoining properties.

SECTION 4: ENFORCEMENT AND PENALTY:

A. This Ordinance shall be enforced by the Leechburg Borough Police Department, the Codes Enforcement officer or any other person or entity appointed by Leechburg Borough Council to enforce the provisions of this Ordinance.

B. On the first violation there shall be a warning issued and the permit issued by the Borough shall be suspended for one (1) day and no work shall be permitted to be conducted as permitted while the permit is suspended.

C. On the second offense the permit issued by the Borough shall be suspended for a period of ten (10) days and no work shall be permitted to be conducted as permitted while the permit is suspended.

D. On a third and subsequent offense the permit shall be permanently suspended and no work shall be permitted to be conducted as permitted during the period of suspension.

E. Any person, firm or corporation who shall violate any of the provisions of this ordinance by either engaging in work during a period when the permit has been suspended or have three or more offenses shall be guilty of a summary offense and upon conviction thereof shall pay a fine of not more than One Thousand ($1,000.00) Dollars and the costs of prosecution, including but not limited to attorney's fees, engineering fees, and court costs, and, in default of payment of such fine and costs of prosecution, to undergo imprisonment of not more than ten (10) days, provided further, that each day's continuance of a violation shall constitute a separate offense.

F. Any person aggrieved by this Ordinance may file an appeal with the Council within thirty days of receiving said notice. Upon receiving a notice to appeal this decision, the Borough shall hold a hearing within thirty days regarding the suspension of any issued permit. Any person aggrieved by the decision of the Borough Council shall have the right, within thirty days, to appeal the matter to the Court of Common Pleas of Armstrong County.

SECTION 5: SEVERABILITY:

If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof.

SECTION 6: REPEALER:

Any and All other ordinances or parts of ordinances inconsistent with the provisions hereof are hereby repealed or rescinded.

SECTION 7: EFFECTIVE DATE:

This ordinance shall be effective immediately.

ORDAINED AND ENACTED into an Ordinance at a regular meeting of the Council of the Borough of Leechburg, Armstrong County, Pennsylvania, this _____day of ______________, 2021.

BOROUGH OF LEECHBURG

______________________________

President

______________________________

ATTEST: ______________________________

__________________________ ______________________________

Secretary (SEAL)

______________________________

______________________________

______________________________

Approved or Vetoed this _____ day of ____________________, 2021

_____________________________

Mayor

LEGAL NOTICE

Be advised that at the Regular Meeting of Leechburg Borough Council to be held in the Municipal Building, 260 Market Street, Leechburg, PA on the on the 19st day of October, 2021 at 7:00 P.M., the following Ordinance (Ordinance 3 of 2021) shall be considered:

AN ORDINANCE OF THE BOROUGH OF LEECHBURG, ARMSTRONG COUNTY,

PENNSYLVANIA AMENDING THE INTERNATIONAL PROPERTY MAINTENANCECODE, THE UNIFORM CONSTRUCTION CODE, OR ANY OTHER ORDINANCES OF THE BOROUGH OF LEECHBURG THAT REGULATES AND GOVERNS CONSTRUCTION ON RESIDENTIAL OR COMMERCIAL PROPERTY OR ANY OTHER STRUCTURE OR ATHLETIC COMPLEX, TO ESTABLISH HOURS OF OPERATION AS A CONDITION TO AN ISSUED BUILDING PERMIT OR ANY OTHER ISSUED BOROUGH PERMIT AND PROVIDING PENALTIES FOR VIOLATION OF THE ESTABLISHED HOURS.

Section 1 Purpose; Section 2 Authority; Section 3 Nuisance construction under a building permit or other permit issued for construction is to take place between 7:00 am and 7:00 pm other times are declared a nuisance; Section 4 Enforcement and Penalty permit suspension and fine; Section 5 Severability; Section 6 Repealer; Section 7 Effective Date

Full text of the Ordinance may be examined at the Borough Building during regular business hours, or at the Armstrong County Law Library. Full Text has also been provided to the Leader-Times.

Bernice Roberts, Secretary

James A. Favero, Solicitor

AN ORDINANCE OF THE BOROUGH OF LEECHBURG, ARMSTRONG COUNTY, PENNSYLVANIA PROHIBITING USE OF ENGINE BRAKING “JAKE BRAKE” FROM THE BOROUGH OF LEEHBURG BOUNTARY LINES ON ALL STREETS, HIGHWAYS, ROADS AND ALLEYS THROUGHOUT THE BOROUGH OF LEECHBURG AND PROSCRIBING PENALITIES FOR VIOLATION OF THE ORDINANCE.

SECTION 1. PURPOSE.

The purpose of this Ordinance is to eliminate the noise associated with the use of “Jake Brakes” within the Borough of Leechburg so that the residents are not deprive of the lawful use and enjoyment of their property,and be unusually annoying noise associated with the use of “Jake Brakes”.

SECTION 2. AUTHORITY.

The authority for the enactment of this Ordinance is found in the Pennsylvania Borough Code.

SECTION 3. PROHIBITED ACTIVIIES.

The use of engine braking “jake brake” by trucks shall be prohibited on all streets, highways, roads and alleys throughout the Borough of Leechburg unless an emergency situation is encountered by the driver of the truck.

SECTION 4. ENFORCEMENT AND PENALTIES.

This Ordinance shall be enforced by the Leechburg Police Department or any other law enforcement agency authorized by law to enforce this Ordinance.

Any person, firm or corporation who shall violate any of the provisions of this shall be guilty of a summary offense and upon conviction thereof shall pay a fine of not more than One Thousand ($1,000.00) Dollars and the costs of prosecution, and reasonable attorney fees.

SECTION 5. NUISANCE.

It is hereby determined that repeated violations of this Ordinance shall constitute a nuisance. a. Three or more violations of this Ordinance within a six month period shall constitute a nuisance. b. Upon the third violation of this Ordinance the Borough hereby has the right to impound the truck for a period of not in excess

of six months. c. Upon the third violation of this Ordinance the Borough shall notify the owner and/or driver of its intent to impound said truck by giving written notice by first class mail to the owner and/or driver. d. Any person aggrieved by this Ordinance may file an appeal with the Council within thirty days of receiving said notice. e. Upon receiving a notice to appeal this decision, the Borough shall hold a hearing within thirty days regarding the impounding of the truck. f. Any person aggrieved by the decision of the Borough Council shall have the right, within thirty days, to appeal the matter to the Court of Common Pleas. g. Any owner of a truck impounded under this section shall pay any impound fee imposed by the Borough or charged by the facility where said truck is impounded.

SECTION 6: SEVERABILITY:

If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof.

SECTION 7: REPEALER:

Any and all other ordinances or parts of ordinances inconsistent with the provisions hereof are hereby repealed or rescinded.

SECTION 8: EFFECTIVE DATE:

This ordinance shall be effective immediately.

ORDAINED AND ENACTED into an Ordinance at a regular meeting of the Council of the Borough of Leechburg, Armstrong County, Pennsylvania, this _____day of ______________, 2021.

BOROUGH OF LEECHBURG

______________________________

President

______________________________

ATTEST: ______________________________

__________________________ ______________________________

Secretary (SEAL)

______________________________

______________________________

______________________________

Approved or Vetoed this _____ day of ____________________, 2021

_____________________________

Mayor

LEGAL NOTICE

Be advised that at the Regular Meeting of Leechburg Borough Council to be held in the Municipal Building, 260 Market Street, Leechburg, PA on the on the 19st day of October, 2021 at 7:00 P.M., the following Ordinance (Ordinance 4 of 2021) shall be considered:

AN ORDINANCE OF THE BOROUGH OF LEECHBURG, ARMSTRONG COUNTY, PENNSYLVANIA PROHIBITING USE OF ENGINE BRAKING “JAKE BRAKE” FROM THE BOROUGH OF LEEHBURG BOUNTARY LINES ON ALL STREETS, HIGHWAYS, ROADS AND ALLEYS THROUGHOUT THE BOROUGH OF LEECHBURG AND PROSCRIBING PENALITIES FOR VIOLATION OF THE ORDINANCE.

Section 1 Purpose; Section 2 Authority; Section 3 Prohibited Activity use of “jake brake” prohibited on any streets within borough limits; Section 4 Enforcement and Penalty fine; Section 5 Nuisance repeated violations are deemed a nuisance; Section 6 Severability; Section 7 Repealer; Section 8 Effective Date

Full text of the Ordinance may be examined at the Borough Building during regular business hours, or at the Armstrong County Law Library. Full Text has also been provided to the Leader-Times.

Bernice Roberts, Secretary

James A. Favero, Solicitor