[Ord. 1988, 4/16/2012, Section 1]
a.
Title. This ordinance shall be known and may be cited as the "State
College Noise Abatement Ordinance."
b.
Purpose and Intent. Changes in air conditioning technology have resulted
in the introduction of new types of large air conditioning units.
These new types of units, which typically use screw or scroll type
compressors, operate at higher pressure and are more economical than
older units. These efficiencies will lead to the increased use of
these newer technologies in the larger unit applications that service
commercial buildings and apartment buildings.
An undesirable by-product of the operation of these units is
the emission of a high frequency noise that is qualitatively different
from earlier technology air conditioners. The distance that this noise
carries is considerable and often varies with time of day and weather
conditions. Because this high-frequency noise carries considerable
distances, is often continuous or semi-continuous in nature, and fluctuates
in loudness and pitch, it can be extremely annoying when "plainly
audible" even though its decibel level may not be high.
Furthermore, the magnitude and characteristics of the noise
emitted by these units varies by type, model, location, and/or installation.
While some units may operate in a manner that does not disturb neighborhood
residents, other units produce noise that is "plainly audible" beyond
the property boundary. This noise can be particularly annoying during
nighttime hours when persons are attempting to sleep, but cannot because
of the magnitude and characteristics of the sound emitted. Under these
circumstances such noise is a nuisance and constitutes a "noise disturbance"
as defined in the noise ordinance.
Therefore, the purpose of this section is to require noise abatement
devices to be installed and or techniques used when the noise emitted
from these units is "plainly audible" beyond the property boundary
and causes a noise disturbance. The type and location of abatement
devices required and or techniques used shall be based on the application
of "best engineering practices" for sound mitigation techniques as
established by acoustical and mechanical experts in their respective
fields. The approach used is to achieve abatement by requiring the
simplest and least expensive techniques, as recommended by experts
in the field, to be employed first. Additional mitigation techniques
shall be required to the extent that is reasonable when the initial
response (step) fails to abate the noise disturbance. It is recognized
that in some situations total abatement of noise beyond the property
line cannot be reasonably achieved. In such circumstances, the intention
is to reduce the noise emitted beyond the property line to the greatest
extent that is reasonably feasible by applying "best engineering practices."
It is implicit that best engineering practice relies on the judgment
of experts in the field to determine how much noise mitigation is
feasible within the bounds of reasonable cost and effort.
[Ord. 1988, 4/16/2012, Section 2]
Unless otherwise expressly stated or the context clearly indicates
a different intention, the following terms have the following meanings.
Definitions of technical terms used in this chapter which are not
herein defined shall be obtained from publications of acoustical terminology
issued by the American National Standards Institute (ANSI):
The Borough of State College, Centre County, Pennsylvania.
Any sound emitted by a person, an appliance, equipment, instrument,
other device or an animal other than a barking dog.
An individual, firm, association, organization, partnership,
trust, company, corporation or any other similar entity.
Any sound that can be detected by a person of normal sensibilities
using his or her unaided hearing facilities.
An imaginary line along the ground surface, and its vertical
extension, which separates the real property owned by one person from
that owned by another person, but not including intra-building real
property divisions.
Something audible: something that can be heard; vibrations
sensed by ear: vibrations traveling through air, water, or some other
medium, especially those within the range of frequencies that can
be perceived by the human ear. The description of sound may include
any characteristic of such sound, including duration, intensity and
frequency.
Sound that is of a volume, frequency, or pattern that prevents,
disrupts, injures, or endangers the health, safety, welfare, prosperity,
comfort or repose of reasonable persons of ordinary sensitivities
within the Borough of State College, given the time of day, day of
week, location, and/or other relevant factors in which and where the
sound is made.
[Ord. 1988, 4/16/2012, Section 3]
a.
Abatement as required by this subsection is applicable to all air
conditioners, ventilation, heating units, and similar devices of eight
tons or greater heating or cooling capacity that have been installed
or first routinely operated on or after January 1, 2000.
(1)
When such units emit noise that is "plainly audible" beyond
the property boundary and such noise causes a noise disturbance, noise
abatement devices shall be installed and or techniques used in accordance
with the procedures prescribed in Subsection d. to the extent necessary
to cause abatement. The type and location of abatement devices required
and or techniques used shall be based on the application of "best
engineering practices" for sound mitigation techniques as recommended
by acoustical and mechanical experts in their respective fields.
(2)
Abatement shall be deemed to occur when either (a) the noise
disturbance is eliminated or, (b) where in the judgment of experts
in the field the noise cannot be further reduced except at prohibitive
or unreasonable cost and the noise emitted beyond the property boundary
has been reduced to the extent that is reasonably feasible using "best
engineering practices" for sound mitigation.
(3)
Upon complaint from a resident that the noise is a nuisance
and upon verification by the Borough of State College that such noise
is "plainly audible" and disturbing, the Borough shall send the landowner
written notice that the noise is plainly audible beyond the property
line and is causing a nuisance by disturbing persons and is therefore
deemed to be a "noise disturbance." Upon receiving the notice, it
shall be the landowner's duty to provide a noise abatement plan to
the Borough of State College that is based on "best engineering practices"
for sound mitigation and to install noise abatement devices on or
before the compliance dates as established in the notice.
(4)
It shall be a violation of this ordinance to operate air conditioners
or other units as described above beyond the compliance date without
having employed abatement devices and or techniques based on "best
engineering practices" sound mitigation techniques that actually eliminated
the noise disturbance or are otherwise designed to reduce the noise
emitted beyond the property boundary to the greatest extent that is
reasonably feasible.
b.
Content of Written Notice. The written notice shall at a minimum
state the following:
(1)
The name of the owner of record and any other person or entity
against whom the Borough intends to take action.
(2)
The location of the property in violation.
(3)
A description of the violation and the citation of the applicable
provisions in the ordinance.
(4)
The date before which a Noise Mitigation Plan shall be submitted
to the Borough of State College.
(5)
The date before which initial abatement devices and or techniques
shall be employed.
(6)
The final date before which abatement shall occur.
c.
Procedure for Abatement.
(1)
A Noise Mitigation Plan prepared by a licensed acoustical or
mechanical engineer with working knowledge of "best engineering practices"
for sound mitigation techniques shall be submitted to the Borough
of State College within 45 days of receipt of the written notice.
(2)
The plan shall describe in detail the types of devices and or
techniques based on "best engineering practices" for sound mitigation
that can be employed to abate the noise disturbance and shall set
forth a schedule that describes and recommends which approach to use
first followed by additional recommendations of sound mitigation techniques
to be pursued should the initial devices or techniques as recommended
fail to abate the noise disturbance. The plan shall also provide the
estimated cost of employing the various mitigation devices and or
techniques recommended.
(3)
Upon review of the plan, the Borough shall communicate in writing
to the landowner either authorization to proceed with the sound mitigation
techniques as described and recommended in the plan or shall require
modification of the plan.
(4)
Once authorized by the Borough, abatement devices or techniques
described and recommended in the plan shall be installed within 30
days following authorization unless extended by the Borough for just
cause.
(5)
Should the initial abatement devices and or techniques used
and relied upon fail to abate the noise disturbance, the landowner
shall follow the schedule and pursue other recommended abatement techniques,
as needed, until abatement is effected to the extent that is feasible
within the bounds of reasonable cost and effort.
(6)
Any contention that the noise emitted beyond the property line
cannot be further mitigated after having pursued reasonable means
to do so as described and recommended in the noise mitigation plan
shall be documented by experts in the field. The Borough of State
College shall consider with great weight expert opinion and the documentation
in judging reasonableness and whether further mitigation is feasible
and therefore warranted.
d.
Right to Enter and Inspect. Enforcement officers, as designated by
the Borough Manager, and associated technical advisors, shall have
the right to enter the property to determine if "best engineering
practices" for noise mitigation techniques have been properly applied.
Failure to allow entry after receiving proper notice from the Borough
of State College shall be deemed a violation of this ordinance.
[Ord. 1988, 4/16/2012, Section 4]
The provisions of this ordinance 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 regulation shall apply.
[Ord. 1988, 4/16/2012, Section 5]
a.
Any person found guilty of violating provisions of this ordinance,
shall be fined not less than $300 nor more than $1,000 for the first
offense, and not less than $600 nor more than $1,000 for the second
offense, and $1,000 for the third and subsequent offense in any one-hundred-eighty-day
period and, upon failure to pay such fine, shall be sentenced to jail
for a term not to exceed 30 days for each offense.
b.
A penalty provided for under this ordinance may be imposed in addition
to any penalty that may be imposed for any other criminal offense
arising from the same conduct.
c.
Each act of violation and every day upon which such violation occurs
shall constitute a separate offense.
[Ord. 1988, 4/16/2012, Section 6]
The provisions of this ordinance shall be enforced by Borough
Police Officers, Borough Ordinance Enforcement Officers, and others
designated by the Borough Manager.
[Ord. 1988, 4/16/2012, Section 7]
A temporary waiver from strict compliance with the noise standards
specified herein may be granted to persons for emergencies, as determined
by the Borough Manager, to protect health and safety or to comply
with other lawful rules, regulations and ordinances.
[Ord. 1988, 4/16/2012, Section 8]
If any section, subsection, sentence, clause, phrase, word,
or other portion of this ordinance is, for any reason, held to be
unconstitutional or invalid, in whole, or in part, by any court of
competent jurisdiction, such portion shall be deemed severable, and
such unconstitutionality or invalidity shall not affect the validity
of the remaining portions of this ordinance, which remaining portions
shall continue in full force and effect.
