[HISTORY: Adopted by the Board of Supervisors of the Township of Carroll 9-1-1987 by Ord. No. 85 (Ch. 10, Part 3, of the 1987 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 82.
Peddling and soliciting — See Ch. 182.
Solid waste collection — See Ch. 212, Art. II.
Zoning — See Ch. 260.
It is the purpose and scope of this chapter to provide regulations defining the maximum sound levels that vehicles, appliances and equipment shall be allowed to produce at specified distances from these devices and also to provide for the prohibition of other kinds of prohibited noises. These regulations and prohibitions are intended to protect the physical, mental and social well-being of the residents of the Township.
This chapter shall apply:
A. 
To all types of vehicles, appliances and equipment, whether privately or publicly owned.
B. 
To sounds of any time duration.
C. 
To both the owner and operator of vehicles, appliances, equipment, devices, animals or any other object creating noises.
The following devices are exempt from the provisions of this chapter:
A. 
Aircraft (except model aircraft).
B. 
Police, fire, ambulance and other governmental emergency vehicles.
C. 
Backup alarm devices on trucks and other equipment when installed and operated in accordance with Society of Automotive Engineers recommended practice J994, "Criteria for Backup Alarm Devices."
D. 
Governmental warning devices (i.e., civil defense or fire siren).
All acoustical terminology shall be that contained in ANSI S1.1, Acoustical Terminology.
ANSI
American National Standards Institute or its successors.
APPLIANCE
Any device or combination of devices used or capable of being used as a means of accomplishing a desired end, such as a window air-conditioning unit.
DAY
The twenty-four-hour period starting at local midnight.
DAYTIME
6:00 a.m. to 6:00 p.m.
DECIBEL (dB)
A unit of sound level which is a division of logarithmic scale used to express the ratio of the sound intensity of the source to the intensity of an arbitrarily chosen reference intensity. The ratio is expressed on the decibel scale by multiplying its "Base 10 logarithm" by 10.
EQUIPMENT
Any devices or combination of devices to accomplish a desired end, such as a chain saw, bulldozer, etc.
EXCESSIVE NOISE
Excessive noise is that sound which is:
A. 
Injurious or which unreasonably interferes with the comfortable enjoyment of life and property. Measured noise levels in excess of limits established in this chapter or those specified in valid permits are declared to be excessive noise.
B. 
Annoying to a person of ordinary sensibilities.
FLUCTUATING NOISE
A fluctuating noise is a noise whose sound level varies significantly with time.
IMPULSIVE NOISE
Impulsive noise is characterized by brief excursions of sound level. The duration of a single impulse is usually less than one second.
INTERMITTENT NOISE
An intermittent noise is a noise whose sound level exceeds the ambient noise levels at least twice during the period of observation, which is one minute or more. The period of time during which the level of the noise remains at an essentially constant value different from that of the ambient is on the order of one second or more.
NOISE
Noise is any sound emitted by a person, animal, vehicle, appliance, equipment or other device and its environmental interaction.
ORDINANCE ENFORCEMENT OFFICER
Any person appointed by the Township with responsibility to enforce municipal ordinances; any sworn member of the Township Police Department.
PERIOD OF OBSERVATION
The period of observation is the time interval during which acoustical data is obtained. The period of observation is determined by the characteristics of the noise being measured and the instrumentation being used. The period of observation must be at least as long as the response time of the instrumentation. The greater the variance in individual sound level, the longer must be the observation time for a given expected accuracy of measurement.
PERSON
Either the owner or operator of vehicles, appliances, equipment or devices.
S.A.E.
Society of Automotive Engineers.[1]
SOUND LEVEL (NOISE LEVEL)
Airborne sound levels are expressed in dB and obtained by the use of specific frequency-dependent weighting networks, as specified in the referenced standards. The specific weighting network used must be indicated by the proper notation. If the A-weighting is employed, the sound level is identified as dB(A).
SOUND LEVEL METER
A sound level meter is an instrument, or combination of instruments, which meets or exceeds the requirements for an ANSI Type S1A or Type S2A sound level meter.
STEADY NOISE
A noise whose level remains essentially constant (i.e., fluctuations are less than five dB) during the period of observation is a steady noise.
VEHICLE
Any device, or combination of devices, used for or capable of being used for transporting persons or property. Vehicles include, but are not limited to, the following: automobiles, trucks, buses, motorcycles, motorized bicycles, snowmobiles, scooters, all-terrain vehicles, go-carts, racers and like devices, farm machinery, industrial machinery, highway graders, trailers, graders and semitrailers.
[1]
Editor's Note: Now the SAE International.
A. 
Abatement. Any emission of noise from any source in excess of the limitation established in or pursuant to this chapter herein described shall be deemed and is hereby declared to be a public nuisance and may be abated, in addition to the administrative proceedings, fines and penalties herein provided. Such abatement may be made by any police officer or the Ordinance Enforcement Officer or may be made by order of the Court of Common Pleas of Washington County on complaint or petition filed on behalf of the Township of Carroll.
B. 
Nothing in this chapter shall be construed to impair any cause of 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 in such place or manner or at such levels which may give rise to such cause of action.
C. 
The noise enforcement officers of the Township shall:
(1) 
Be qualified by training and experience to perform the necessary measurements and procedures required to determine violations of the provisions of this chapter.
(2) 
File complaints with the Magisterial District Judge to prosecute violations of this chapter.
(3) 
Investigate complaints of violations of this chapter and make inspections and observations of noise conditions.
(4) 
Be authorized to issue a warning to persons considered in violation of this chapter, a warning which may allow an appropriate time, not to exceed 30 calendar days, for correction to bring the offending vehicle(s), appliance(s), equipment or other device(s) within the provisions of this chapter before enforcement by prosecution.
The Township of Carroll shall:
A. 
Have available in convenient form as in a unit the provisions of this chapter and the recommended practices, rules, regulations and standards which have been adopted. A copy of the information sources shall be kept on file in the Township offices.
B. 
Prepare and maintain records of all orders issued by the noise enforcement officers and the Appeals Board.
C. 
By the designated officials, issue all standards, permits, certificates, notices or other matters required under the provisions of this chapter and notify all persons concerned of any decisions rendered and provide such persons with an opportunity to be heard as herein set forth.
D. 
Establish an advisory committee to investigate and make recommendations from time to time to the Board of Supervisors with respect to needed additions or revisions of this chapter.
A. 
The Board of Supervisors shall establish an Appeals Board consisting of five members to hear and decide cases regarding interpretations of this chapter and variances for undue hardship situations.
B. 
The membership of the Appeals Board shall contain at least one member who is qualified by training and experience in the field of noise control and noise control regulations.
A. 
General. No person shall make, permit or cause to be made any excessive noise of any kind by crying, calling or shouting or by means of any whistle, rattle, bell, gong, clapper, hammer, drum, horn, hand organ, mechanically operated piano, other musical instrument, wind instrument, mechanical device, radio, phonograph, sound-amplifying or other similar electronic device unless said person has obtained a special permit from the Township Secretary as provided in this chapter.
B. 
Musical instruments. No person shall use or perform on any hand organ or other musical instrument or device, for pay or in expectation of payment, in any public way or public open space of the Township before 6:00 a.m. or after 6:00 p.m. of the day, unless said person has obtained a special permit from the Township Secretary.
C. 
Noise from premises. No person owning or in possession or control of any building or premises shall use the same, permit the use of the same, or rent the same to be used for any business or employment or residential use, or for any purpose of pleasure or recreation, if such use shall, by its boisterous nature, disturb or destroy the peace of the neighborhood as measured at the property line in which such building or premises is situated or be dangerous or detrimental to health.
D. 
Equipment noise. It shall be unlawful for any person to use any pile driver, shovel, hammer, derrick, hoist, tractor, roller or other mechanical equipment operated by fuel or electric power in building or construction operations from 7:00 p.m. to 7:00 a.m. of the following day, except for emergency work on public improvements, work of public service utilities, and municipal services, unless such equipment has been manufactured or modified for sound control and meets the provisions of this chapter.
E. 
Noise in handling refuse cans. No person shall make any unnecessary noise in the handling of ash, trash and garbage cans, either in loading or unloading, whether full or empty.
F. 
Noise in vicinity of hospitals, schools and churches. No person shall make any unnecessary noise in the vicinity of any hospital or church during hours of public worship or school during school hours.
G. 
Unlawful to keep noisy animals. No person shall keep or permit to be kept, harbor or otherwise maintain any animal which shall disturb the quiet of any public street or other public place or of any neighborhood; provided, however, that a noisy animal shall be defined as one or more animals which makes noises habitually so as to constitute annoyance to a person of ordinary sensibilities.
H. 
Noise by peddlers. No peddler or other person who plies a trade or calling of any nature on the streets of the Township of Carroll shall use any horn, bell or other sound instrument to make any noise tending to disturb the peace and quiet of the neighborhood for the purpose of directing attention to his wares, trade or calling.
I. 
Use of horns and other devices on vehicles. No person operating any vehicle, other than police, fire, public service or ambulance operators, shall sound any horn, bell, gong, siren or whistle, except for the ordinary horn installed on such vehicle by the manufacturer, or sound any type of horn except when reasonably necessary to prevent accidents or to otherwise comply with the Vehicle Code.
J. 
The operational performance standards established by this chapter shall not apply to any public performance being conducted in accordance with provisions of a special permit obtained from the designated officials for the conduct thereof.
K. 
Vehicles. No person shall operate either a motor vehicle of a type subject to registration, except in police, fire equipment, ambulances or other government emergency vehicles, at any time or under any condition of grade, load, acceleration or declaration in such a manner as to exceed the following noise limits for the category of minor vehicles, based on a distance of 50 feet from the center of the lane traveled on, within the speed limit specified in this section under test procedures established by § 173-10 of this chapter.
Type of Vehicle
Speed Limit
35 mph or Less
Speed Limit
More Than 35 mph
Any motor vehicle with a manufacturer's gross combination weight rating of 10,000 pounds or more and any combination of vehicles towed by such motor vehicle
86 dB(A)
90 dB(A)
Any other vehicle or any combination of vehicles towed by such motor vehicle
76 dB(A)
82 dB(A)
Any motorcycle or motor-driven cycle
78 dB(A)
82 dB(A)
(1) 
This section applies to the total noise from a vehicle or combination of vehicles and shall not be construed as limiting or precluding the enforcement of any other provisions of this Code relating to motor vehicle mufflers for noise control.
(2) 
No person shall modify or change the exhaust muffler, intake muffler or any other noise-abatement device of a motor vehicle so that the noise level is increased above that emitted by the vehicle as originally manufactured. Procedures used to establish compliance with this subsection shall be those used to establish compliance of a new motor vehicle with the requirements of this chapter.
(3) 
No person shall sell or lease or offer for sale or lease a new or secondhand vehicle that produces a maximum noise exceeding the noise limit at a distance of 50 feet from the center line of travel as stated in § 173-8K of this chapter. The manufacturer, distributor, importer or designated agent shall, if requested, certify in writing to the Township that his vehicles sold or leased within the Township comply with the provisions of this chapter.
L. 
Equipment.
(1) 
No person shall operate any powered equipment or powered hand tool that produces a maximum noise level exceeding the following noise limits at a distance of 50 feet, under test procedures established by § 173-10 of this chapter.
Type of Equipment
Noise Limit
Construction and industrial machinery, such as crawler-tractors, dozers, rotary drills and augers, loaders, power shovels, cranes, derricks, motor graders, paving machines, off-highway trucks, ditchers, trenchers, compactors, scrapers, pavement breakers, compressors and pneumatic power equipment, but not including pile drivers
86 dB(A)
Agricultural tractors and equipment
86 dB(A)
Powered commercial equipment of 2 horsepower or less, intended for infrequent use in residential areas, such as chain saws, pavement breakers, log chippers, powered hand tools, etc.
84 dB(A)
Powered equipment intended for repetitive use in residential areas, such as lawn mowers, small lawn and garden tools, riding tractors, snow removal equipment, etc.
70 dB(A)
(2) 
No person shall sell or lease or offer for sale or lease new or secondhand equipment that produces a maximum noise exceeding the noise limit at a distance of 50 feet as stated in this chapter. [See Subsection L(1) above.] The manufacturer, distributor, importer or designated agent shall, if requested, certify in writing to the Township that his equipment sold or leased within the Township complies with the provisions of this chapter.
A. 
Any property use established in a zoning district as defined and designated under the provisions of Chapter 260, Zoning, shall be such as to comply with the performance standards governing noise set forth hereinafter for the district in which such use shall be located.
B. 
Noise levels shall be measured in terms of the sound level in dB(A), using equipment which meets the requirements established by this chapter.
C. 
In all commercial and industrial zoning districts, at no point on the boundary of any residential zoning district shall the sound level of any individual operation or business, or the combined operations of any person, firm or corporation, exceed the dB(A) levels shown below for the zoning district indicated from 7:00 p.m. to 7:00 a.m. of the following day, as measured under the test procedures established by § 173-10B of this chapter.
(1) 
Maximum sound levels dB(A) along district boundaries as measured by conventional sound level meters on slow response:
Residential
Commercial/Industrial
A-scale levels
55 dB(A)
62 dB(A)
(2) 
In commercial zoning districts, all activities involving the production, processing, cleaning, servicing, testing, repair of materials, goods or products, or any property use shall conform with the performance standards stated above, provided that performance standards shall, in every case, be applied at the boundaries of the lot on which any such activities take place, except in such cases where the maximum permitted sound levels may be exceeded at a more distant point.
(3) 
In residential zoning districts, any property use shall conform with the performance standards stated above for residential district boundaries, provided that performance standards shall, in every case, be applied at the boundaries of the lot on which such use is established, except in such cases where the maximum permitted sound levels may be exceeded at a more distant point.
(4) 
The maximum sound levels established in this section to be applied to the boundaries of a lot shall not apply to construction sites and emergency operations. Construction site noise levels shall be regulated by § 173-8K of this chapter.
A. 
Test procedures to determine whether maximum noises emitted by new motor vehicles sold or offered for sale or lease meet the noise limits stated in § 173-8K of this chapter shall be in substantial conformity with standards and recommended practices established by the SAE International and the Pennsylvania Department of Environmental Protection as well as the United States Environmental Protection Agency and such other and further standards as may be propounded in the Code of Recommended Practices of the Township of Carroll.
B. 
Test procedures to determine whether maximum noises emitted by powered equipment or powered hand tools, sold or leased, or offered for sale or lease, meet the noise limits stated in § 173-8L of this chapter shall be in substantial conformity with standards and recommended practices established by the SAE International and the Pennsylvania Department of Environmental Protection as well as the United States Environmental Protection Agency and such other and further standards as may be propounded in the Code of Recommended Practices of the Township.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Amended 9-10-1996 by Ord. No. 1996-6]
Any person, firm or corporation who shall violate any provision of this chapter shall, upon conviction thereof, be sentenced to pay a civil fine in an amount of not less than $100 nor more than $600 in addition to costs and attorneys' fees. Every day that a violation of this chapter continues shall constitute a separate offense.