[Ord. 241, 9/28/1982, § 1]
It is the purpose and scope of this Part 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 wellbeing of the residents of the Township of Ferguson.
[Ord. 241, 9/28/1982, § 2]
1. 
This Part 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.
[Ord. 241, 9/28/1982, § 3]
1. 
The following devices are exempt from the provisions of these regulations:
A. 
Aircraft (except model aircraft).
B. 
Police, fire, ambulance and other governmental emergency vehicles.
C. 
Back-up alarm devices on trucks and other equipment when installed and operated in accordance with Society of Automotive Engineers recommended practice J 994, "Criteria for Back-up Alarm Devices."
D. 
Governmental warning devices (i.e., civil defense or fire siren).
[Ord. 241, 9/28/1982, § 4; as amended by Ord. 292, 4/2/1985, § 1]
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.
DAY-TIME
7:00 a.m. to 7:00 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 ten logarithm" by ten.
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.
(1) 
Injurious or which unreasonably interferes with the comfortable enjoyment of life and property. Measured noise levels in excess of limits established in these regulations or those specified in valid permits are declared to be excessive noise.
(2) 
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; or, any sworn member of the Ferguson Township Police Department.
PERSON
Either the owner or operator of vehicles, appliances, equipment or devices.
PERIOD OF OBSERVATION
The period of observation is the time interval during which acoustical data are 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.
S.A.E.
Society of Automotive Engineers.
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, and semi-trailers.
[Ord. 241, 9/28/1982, § 5; as amended by Ord. 669, 4/21/1997, § 2; and by Ord. 820, 12/8/2003]
1. 
Abatement. Any emission of noise from any source in excess of the limitation established in or pursuant to this Part 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 Centre County on complaint or petition filed on behalf of the Township of Ferguson.
2. 
Nothing in this Part 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.
3. 
The Zoning Administrator of the Township shall:
A. 
Be qualified by training and experience to perform the necessary measurements and procedures required to determine violations of the provisions of this Part.
B. 
File complaints with the District Justice to prosecute violations of this Part.
C. 
Investigate complaints of violations of this Part and make inspections and observations of noise conditions; and
D. 
Be authorized to issue a warning to persons considered in violation of these regulations, 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 these regulations before enforcement by prosecution.
[Ord. 241, 9/28/1982, § 6; as amended by Ord. 669, 4/21/1997, §§ 3, 4]
1. 
The Township shall:
A. 
Have available in convenient form as in a unit the provisions of this Part 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 Zoning Administrator and Zoning Hearing Board.
C. 
By the Township Manager, issue all standards, permits, certificates, notices or other matters required under the provisions of this Part and notify all persons concerned of any decisions rendered and provide such persons with an opportunity to be heard as herein set forth.
[Ord. 241, 9/28/1982, § 7; as amended by Ord. 398, 6/27/1989, § 1; and by Ord. 669, 4/21/1997, § 5]
The Zoning Hearing Board shall hear all cases that were formerly heard by the Noise Appeals Board.
[Ord. 241, 9/28/1982, § 8; as amended by Ord. 292, 4/2/1985, § 2; and by Ord. 820, 12/8/2003]
1. 
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 Manager as provided in this Part.
2. 
Musical Instruments. No person shall use or perform on any hand organ or other musical instrument or device, in any public way or public open space of the Township before 7:00 a.m. or after 7:00 p.m. of the day (except on Sunday, before 9:00 a.m. or after 7:00 p.m. of the day) unless said person has obtained a special permit from the Township Manager.
3. 
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 determined at the property line in which such building or premise is situated, or be dangerous or detrimental to health.
4. 
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 (Monday through Saturday), and all day Sunday until 7:00 a.m. Monday, except for emergency work on public improvements, work of public service utilities, and municipal services.
5. 
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.
6. 
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.
7. 
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.
8. 
Noise by Peddlers. No peddler or other person who plies a trade or calling of any nature on the streets of the Township 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.
9. 
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 law of motor vehicles.
10. 
The operational performance standards established by this Part shall not apply to any public performance being conducted in accordance with provisions of a special permit obtained from the Township Manager for the conduct thereof.
11. 
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 § 10-310 of this Part.
Type of Vehicle
Speed Limit of 35 MPH __ or less ___
Speed Limit of more than __ 35 MPH ___
(1)
Any motor vehicle with a manufacturer's gross combination weight rating of 10,000 lbs. or more and any combination of vehicles towed by such motor vehicle:
86 dB(A)
90 dB(A)
(2)
Any other vehicle or any combination of vehicles towed by such motor vehicle:
76 dB(A)
82 dB(A)
(3)
Any motorcycle or motor driven cycle:
78 dB(A)
82 dB(A)
A. 
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.
B. 
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 paragraph shall be those used to establish compliance of a new motor vehicle with the requirements of this Part.
C. 
No person shall sell or lease or offer for sale or lease a new or second-hand vehicle that produces a maximum noise exceeding the noise limit at a distance of 50 feet from the center line of travel as stated above. 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 Part.
12. 
Equipment. 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 § 10-308 of this Part.
Type of Equipment
Noise Limit
(1)
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)
(2)
Agricultural tractors and equipment:
86 dB(A)
(3)
Powered commercial equipment of 2HP or less intended for infrequent use in residential areas, such as chain saws, pavement breakers, log chippers, powered hand tools, etc.:
84 dB(A)
(4)
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)
A. 
No person shall sell or lease or offer for sale or lease new or second-hand equipment that produces a maximum noise exceeding the noise limit at a distance of 50 feet as stated in § 10-308, Subsection 11, of this Part. 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 Part.
[Ord. 241, 9/28/1982, § 9; as amended by Ord. 292, 4/2/1985, § 3]
1. 
Any property use established in a zoning district as defined and designated under the provisions of the Ferguson Township Zoning Chapter 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.
2. 
Noise levels shall be measured in terms of the sound level in dBA using equipment which meets the requirements established by this Part.
3. 
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. (except on Saturday from 7:00 p.m. to 9:00 a.m. Sunday) of the following day, as measured under the test procedures established by § 10-310, Subsection 2, of this Part.
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)
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.
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.
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 § 10-308, Subsection 11, of this Part.
[Ord. 241, 9/28/1982, § 10; as amended by Ord. 820, 12/8/2003]
1. 
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 § 10-308, Subsection 12, of this Part shall be in substantial conformity with standards and recommended practice established by the S.A.E., Incorporated 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.
2. 
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 § 10-308, Subsection 12, of this Part shall be in substantial conformity with Standards and Recommended Practices established by the S.A.E., Incorporated 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.
[Ord. 241, 9/28/1982, § 1; as amended by Ord. 820, 12/8/2003]
1. 
Any person found guilty of violating, disobeying or refusing to comply with, or resisting or opposing the enforcement of any of the provisions of this Part in any one-hundred-eighty-day period, except when otherwise specifically provided, upon conviction thereof, in a proceeding commenced before a district justice pursuant to the Pennsylvania Rules of Criminal Procedures, be sentenced to a fine of not less than $25 nor more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days.
2. 
A separate and distinct offense shall be committed each day that a violation of the terms of this Part continues to exist.