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Millcreek, PA Noise Ordinances: Vehicle Noise (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 2026

Key Facts

Vehicle stereos and radios
Not exempt on public rights-of-way; can be a noise disturbance
Vehicles on private property
Exemption does not extend to them
Mufflers and exhaust
Section 4523 of the Pennsylvania Vehicle Code prevails
Brake retarders
Prohibited on West 38th Street between Asbury Road and Zuck Road
First offense fine
$100 to $300 plus costs and fees

Summary

In Millcreek Township, Erie County, Pennsylvania, ordinary vehicle operation on public rights-of-way is exempt from the noise article, but stereos, radios and people inside vehicles are not, and the exemption does not reach vehicles on private property. Muffler noise follows Section 4523 of the Pennsylvania Vehicle Code.

§ 40-51. Exemptions. ... The following sounds are exempted from the provisions of this chapter: ... G. Operation of motor vehicles: sounds caused by the use, operation, or control of a motor vehicle on public rights-of-way; provided, however, that sounds emanating from stereos, radios, or from the persons inside of motor vehicles on public rights-of-way are not covered by this subsection and may constitute a noise disturbance per this article. The exemption of this subsection does not extend to motor vehicles located on private properties as opposed to those on public rights-of-way. Moreover, nothing contained in this subsection shall conflict with any provision of the Pennsylvania Vehicle Code (75 Pa.C.S.A. § 101 et seq.), including Section 4523 of the Pennsylvania Vehicle Code dealing with noise controls of mufflers and other exhaust systems. In the event of any conflict between the Pennsylvania Vehicle Code and this article, the Pennsylvania Vehicle Code shall prevail.

Full Breakdown

Section 40-51G of the Millcreek Township Noise Control Ordinance exempts sounds caused by the use, operation or control of a motor vehicle on public rights-of-way, then carves out three limits. Sounds emanating from stereos, radios, or from the persons inside of motor vehicles on public rights-of-way are not covered by the exemption and may constitute a noise disturbance. The exemption does not extend to motor vehicles located on private properties as opposed to those on public rights-of-way, so a car idling loudly in a driveway or parking lot gets no exemption. Nothing in the subsection conflicts with the Pennsylvania Vehicle Code, including Section 4523 dealing with noise controls of mufflers and other exhaust systems, and the Vehicle Code prevails in any conflict.

A stereo that crosses into a noise disturbance is measured under § 40-50. Table I sets 57 dB(A) by day and 52 dB(A) by night in the CR, R-1, R-2 and R-3 districts, 67 dB(A) in commercial districts and 77 dB(A) in industrial districts. Sound exceeding a limit by 15 dB at any moment is a noise disturbance. The Disorderly Houses article in § 40-42 separately lists operating or permitting a device that produces or amplifies sound so as to create a noise disturbance across a real property boundary.

Chapter 137 adds one engine-noise rule by location. Section 137-59 provides that no person shall use or operate a brake retarder on any vehicle traveling on West 38th Street (SR 4016) between Asbury Road and Zuck Road, and § 137-60 requires signs reading BRAKE RETARDERS PROHIBITED NEXT 3 MILES. The prohibition takes effect on completion of the required signage. The Millcreek Township Police Department enforces the Noise Control article.

Violations & Fines

The Millcreek Township Police Department enforces the noise article, and a noise disturbance is a summary offense. Under § 40-52E a first offense carries a fine of at least $100 and at most $300 plus the Township's costs and attorneys' fees. Second and later offenses carry at least $300 and at most $600 plus costs and fees, counted over a one-year period. Failure to stop when police direct is an additional violation with separate fines. Exhaust and muffler violations fall under the Pennsylvania Vehicle Code.

Frequently Asked Questions

Can I be cited for loud car speakers in Millcreek Township?
Yes. Section 40-51G says sounds emanating from stereos, radios, or from the persons inside of motor vehicles on public rights-of-way are not covered by the vehicle exemption and may constitute a noise disturbance. The Table I decibel limits in § 40-50 then apply, and the Police Department enforces.
Does the vehicle exemption apply in a parking lot or driveway?
No. Section 40-51G states that the exemption does not extend to motor vehicles located on private properties as opposed to those on public rights-of-way. Sound from a vehicle on private property is judged under the same noise rules as any other source, including the Table I limits.
Who controls muffler and exhaust noise?
The Pennsylvania Vehicle Code does. Section 40-51G says nothing in the subsection conflicts with the Vehicle Code, including Section 4523 on noise controls of mufflers and other exhaust systems, and that the Vehicle Code prevails over the Millcreek noise article in any conflict.
Where are engine brakes prohibited in Millcreek Township?
Section 137-59 prohibits using or operating a brake retarder on any vehicle on West 38th Street (SR 4016) between Asbury Road and Zuck Road. Section 137-60 requires posted signs reading BRAKE RETARDERS PROHIBITED NEXT 3 MILES, and the prohibition becomes effective once the signage is posted.

Sources & Official References

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