[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]
[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."
American National Standards Institute or its successors.
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.
The twenty-four-hour period starting at local midnight.
7:00 a.m. to 7:00 p.m.
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.
Any devices or combination of devices to accomplish a desired
end, such as a chain saw, bulldozer, etc.
Excessive noise is that sound which is.
A fluctuating noise is a noise whose sound level varies significantly
with time.
Impulsive noise is characterized by brief excursions of sound
level. The duration of a single impulse is usually less than one second.
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 is any sound emitted by a person, animal, vehicle,
appliance, equipment or other device and its environmental interaction.
Any person appointed by the Township with responsibility
to enforce municipal ordinances; or, any sworn member of the Ferguson
Township Police Department.
Either the owner or operator of vehicles, appliances, equipment
or devices.
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.
Society of Automotive Engineers.
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).
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.
A noise whose level remains essentially constant (i.e., fluctuations
are less than five dB during the period of observation is a steady
noise.
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.
|
[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.
