[HISTORY: Adopted by the Township Council of the Township of College as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Excessive dog barking — See Ch. 95.
Fireworks — See Ch. 109.
Conduct in parks — See Ch. 139.
Fees — See Ch. A203.
[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. 
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.
COMMERCIAL CONSTRUCTION
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.
COMMERCIAL PROPERTY MAINTENANCE SERVICES
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.
DECIBEL (dB)
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.
HEAVY CONSTRUCTION EQUIPMENT
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.
LAWN AND GARDEN EQUIPMENT
All motorized equipment used in the maintenance of lawn and gardens, including mowers, tractors, rototillers, leaf blowers, trimmers and edgers.
NOISE
Any sound emitted by a person, an appliance, equipment, instrument, other device or an animal other than a barking dog.
NOISE DISTURBANCE
Any noise which
(1) 
Endangers or injures the safety or health of humans or animals; or
(2) 
Is unusual for the time of day or location where it is produced or heard; or
(3) 
Jeopardizes the value of property or erodes the integrity of the environment; or
(4) 
Is in excess of the allowable noise level as set forth in § 93-5C.
PERSON
Includes an individual, firm, association, organization, partnership, trust, company, corporation or any other similar entity.
PLAINLY AUDIBLE
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.
POWER EQUIPMENT
Any power saw, hammer, sander, drill, grinder or tools of similar nature.
RESIDENTIAL DISTRICT
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.
SOUND LEVEL
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]
(1) 
C-1 General Commercial District: 62 dB(A);
(2) 
I-1 General Industrial District: 62 dB(A);
(3) 
All other zoning districts: 58 dB(A).
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.
M. 
All equipment and tools operated or used for the purpose of maintaining the exterior of one's own property by oneself. All equipment or tools operated by a for profit firm or business on said property shall be subject to § 93-5B(5), Construction noise.
N. 
Fireworks as permitted by Chapter 109, Fireworks, following all applicable state and local laws.
[Added 4-7-2005 by Ord. No. O-05-04]
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:
A. 
Emergencies as determined by College Township Manager to protect the health, safety and welfare, or to comply with other lawful rules, regulations and ordinances; or
B. 
Special events as approved by College Township Council or their designee.
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.