[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.