[HISTORY: Adopted by the Township Council
of the Township of College as indicated in article histories. Amendments
noted where applicable.]
[Adopted 6-22-1976 by Ord. No. 55; amended
in its entirety 1-20-2005 by Ord. No. O-05-02]
Whoever willfully makes or causes to be made
any loud or boisterous and unseemly disturbance or noise disturbance
at, in, nearby or near to any public highway, road, street, land,
alley, park, square, common or any place of public accommodation,
convenience and resort, or near any dwelling place, of such nature
as would be an annoyance to peaceable citizens nearby or whereby the
public peace is broken and disturbed or the traveling public annoyed
or any peaceable resident within the vicinity is annoyed, is guilty
of the offense of disorderly conduct. Noise disturbances are further
defined in the following sections.
This article applies to all persons, property,
animals, equipment, appliances, instruments and other sound-emitting
devices as regulated herein.
The provisions of this article are not intended
to interfere with, abrogate or annul other rules regulations or ordinances,
including Title 18, Crimes Code, and Title 75, Vehicle Code, Pennsylvania
Consolidated Statutes. If more stringent requirements concerning noise
abatement are contained in the other rules, regulations or ordinances,
the more stringent shall apply.
A.
Words used in the present tense include the future
tense; the singular number includes the plural and the plural number
includes the singular; words of masculine gender include feminine
gender and words of feminine gender include masculine gender; the
word "includes" or "including" shall not limit the term to the specific
example, but is intended to extend its meaning to all other instances
of like kind and character; the words "shall" and "must" are mandatory;
the words "may" and "should" are permissive; the words "used" or "occupied"
include the words "intended, designed maintained or arranged to be
used or occupied."
B.
COMMERCIAL CONSTRUCTION
COMMERCIAL PROPERTY MAINTENANCE SERVICES
DECIBEL (dB)
HEAVY CONSTRUCTION EQUIPMENT
LAWN AND GARDEN EQUIPMENT
NOISE
NOISE DISTURBANCE
(1)
(2)
(3)
(4)
PERSON
PLAINLY AUDIBLE
POWER EQUIPMENT
RESIDENTIAL DISTRICT
SOUND LEVEL
The following words and phrases, when used in this
article, shall have, unless the context clearly indicates otherwise,
the meanings given to them in this section. All other words and terms
not defined herein shall be used with a meaning of standard usage.
On-site erection, fabrication, installation, alteration,
demolition or removal of any structure, facility or addition thereto,
including all related activities including but not limited to clearing
of land, earth moving, blasting and landscaping performed by a firm
or person(s) for profit except that done at the behest of a municipality,
Commonwealth of Pennsylvania other public agency or public utility.
Commercial construction shall include the use of all heavy construction
equipment, power equipment and lawn and garden equipment for commercial
construction purposes.
Maintenance performed on the exterior of the property by
a firm or person(s) for profit except that done at the behest of a
municipality, Commonwealth of Pennsylvania other public agency or
public utility. This shall include but not be limited to landscaping,
lawn and garden maintenance, pool cleaning and pressure washing.
A unit of sound level which is a division of a logarithmic
scale used to express the ratio of the sound pressure of the source
to the pressure of an arbitrarily chosen reference pressure; the ratio
is expressed on the decibel scale by multiplying its base 10 logarithm
by 20.
Includes pile drivers, backhoes, crawler-tractors, bulldozers,
rotary drills and augers, loaders, power shovels, cranes, derricks,
motor graders, paving machines, ditchers, trenchers, compactors, scrapers,
crushers and like mining equipment, pavement breakers, compressors,
pneumatic power equipment and similar devices.
All motorized equipment used in the maintenance of lawn and
gardens, including mowers, tractors, rototillers, leaf blowers, trimmers
and edgers.
Any sound emitted by a person, an appliance, equipment, instrument,
other device or an animal other than a barking dog.
Any noise which
Endangers or injures the safety or health of
humans or animals; or
Is unusual for the time of day or location where
it is produced or heard; or
Jeopardizes the value of property or erodes
the integrity of the environment; or
Is in excess of the allowable noise level as set forth in § 93-5C.
Includes an individual, firm, association, organization,
partnership, trust, company, corporation or any other similar entity.
Any sound that can be detected by a person using his or her
unaided ear. As an example, if the sound source under investigation
is emitted from a stereo or TV, the enforcement officer need not determine
the title of a song or TV show, specific words or the artist or actors
performing the song. The detection of any sound coming from the operation
of such a device is sufficient to constitute a plainly audible sound.
Any power saw, hammer, sander, drill, grinder or tools of
similar nature.
The following zoning districts as defined in Chapter 200, Zoning of the College Township Code shall be considered residential districts: R-1 Single-Family Residential District, R-2 Two-Family Residential District, R-3 Multifamily Residential District, V Village District, MHP Mobile Home Park District and PRD Planned Residential Development District.
The sound pressure level (SPL) obtained by the use of a sound
level meter and frequency weighting network, such as A, B or C, as
specified in American National Standards Institute specifications
for sound level meters (ANSI SI 4-1971, or the latest approved version
thereof). The unit of measurement is the decibel. If the frequency
weighting employed is not indicated, the A-weighting shall apply.
The following noise disturbances are prohibited
as follows:
A.
General prohibitions. It shall be unlawful for any
person(s) to make or cause to be made a noise disturbance within the
limits of the Township of College except as provided in this article.
All such disturbances are declared to be disorderly conduct.
B.
Specific prohibitions. The following noise disturbances
are specifically prohibited except as otherwise provided in this article:
(1)
Radios, television sets, phonographs, compact discs,
CD-ROM, stereos, home theatre systems, musical instrument and computer-generated
musical instruments or sounds. These and other similar noise-producing
devices shall be operated and used within manufacturer's specifications
and shall not:
(a)
Cause a noise disturbance across real property
lines or partition walls common to two or more parties in a multiunit
building; or
(b)
Be operated in a manner as to be plainly audible
across real property lines or partition walls common to two or more
parties in a multiunit building between the hours of 9:00 p.m. and
8:00 a.m. the following day or plainly audible at 50 feet from such
device when operated within a motor vehicle on a public right-of-way
or public space.
(2)
Loudspeakers/sound amplifiers. The use of loudspeakers/sound
amplifiers shall be operated and used within manufacturer's specifications
and shall not:
(a)
Cause a noise disturbance across real property
lines or at 50 feet from such device when used in a public right-of-way;
or
(b)
Be plainly audible across real property lines
or at 50 feet from such device when used in a public right-of-way
between the hours of 9:00 p.m. and 8:00 a.m. the following day.
(3)
Street sales. Selling anything by shouting or by outcry
as to cause a noise disturbance shall be prohibited except by permit.
(4)
Loading operations. Loading, unloading, opening or
otherwise handling boxes, crates, containers or similar objects between
the hours of 9:00 p.m. and 7:00 a.m. the following day in such a manner
as to create a noise disturbance within a residential district except
during an emergency is prohibited.
(5)
Construction noise. Operating or causing to be operated
any vehicle or piece of equipment used in commercial construction
or the provision of commercial property maintenance services shall
be conducted in the following manner:
(a)
With sound control devices which have not been
tampered with;
(b)
Within regulations set forth by the United State
Environmental Protection Agency; and
(c)
Operated or performed in a manner as to not
be plainly audible across real property lines or partition walls common
to two or more parties in a multiunit building except between the
hours of 7:00 a.m. and 7:00 p.m. during the weekdays and Saturdays
and between the hours of 9:00 a.m. and 5:00 p.m. on Sundays.
(6)
Explosives, firearms or similar devices. The use of
or firing of explosives, firearms or similar devices which create
a noise disturbance plainly audible across real property lines or
partition walls common to two or more parties in a multiunit building
is prohibited unless used for construction purposes such as blasting
and is then governed by other provisions of this article.
(7)
Yelling and shouting. Yelling, shouting, or generally
creating a noise disturbance on public streets between the hours of
9:00 p.m. and 7:00 a.m. is prohibited.
(8)
All other noises emitted by any individual or device
controlled by an individual as to constitute a noise disturbance shall
be prohibited.
C.
Noise levels. Unless otherwise provided for or prohibited
under these regulations, noise shall be considered a noise disturbance
when exceeding the following noise levels:
[Amended 2-20-2014 by Ord. No. O-14-01]
Noise from the following sources shall be exempt
from the noise standards specified herein:
A.
All safety signals and warning devices (e.g. stationary
emergency signal devices, intrusion alarms, police/fire/ambulance
sirens) or any other device used to alert persons to an emergency
or used during the conduct of emergency work.
B.
The provision, repair and maintenance of municipal,
county or commonwealth facilities, services or public utilities.
C.
Bells, chimes, strike mechanisms and carillons used
for religious or public purposes or in conjunction with national celebrations
or public holidays.
D.
Snow removal equipment, operated within the manufacturer's
specification and with all standard noise-reducing equipment in use,
unmodified and in proper operating condition.
E.
Air conditioners, fans, heating units and similar
devices are exempt from the provisions of this article given that
they are in proper operating condition.
F.
Aircraft.
G.
Motor vehicles properly mufflered and operated within
established noise limits under Section 157.11, Vehicular Noise Limits,
of the Commonwealth of Pennsylvania Code.
H.
Train whistle or horns operated as required under
federal law for warning purposes.
I.
Motor vehicle horns operated for the purposes of warning
or of safety.
J.
Back-up signaling devices on motor vehicles except those used in conjunction with commercial construction activities and the provision of commercial property maintenance services outside of the times established in § 93-5B(5).
K.
All equipment used for the purposes of agricultural
pursuits.
L.
Musical, recreational and athletic events conducted
by a university, college, school, not-for-profit organization or a
local government including such outdoor practices as may be necessary
in preparation for such events.
The provisions of this article shall be enforced
by College Township Enforcement Officer, police officers and others
as designated by College Township Manager.
A temporary waiver from the strict compliance
with noise standards as specified herein may be granted to persons
for:
Any noise in violation of this article is hereby
declared disorderly conduct and may be abated by administrative proceedings,
fines and penalties herein provided. Nothing in this article shall
be construed to impair any cause or action or legal remedy thereof
of any person or the public for injury or damage arising from the
emission or release into the atmosphere or ground from any source
whatever of noise on such place or manner or such levels which may
give rise to cause of action.
A.
Procedure. If, in the enforcement of this article,
it is determined that a noise disturbance exists, a written warning
or a citation may be issued. Any warning shall be in effect for 120
days. If within the 120 days another violation occurs, a citation
shall be issued. A citation shall be issued for each subsequent violation
that occurs during the one-hundred-twenty-day period.
B.
Penalties. Any person found guilty of violating the
provisions of this article shall be subject to fines set and amended
from time to time by resolution.
