It is hereby found and declared that it is the
public policy of the Borough of Longport to significantly reduce the
ambient noise, vibration, fume, odor and glare levels in the Borough
of Longport, so as to foster and protect the public health, comfort,
safety and welfare of its citizens. As a matter of legislative determination
and public policy, the provisions, regulations and prohibitions of
this chapter are in pursuance of and for the purpose of securing and
promoting the comfort, peace and quiet to which the residents of the
Borough of Longport are entitled.
It shall be unlawful for a person to make, continue
or cause to be made or continued any unreasonable noise, vibration,
fume, odor or glare of such character, intensity or duration as to
be detrimental to the life, health or welfare of any individual or
which annoys, disturbs, injures or endangers the comfort, repose,
peace or safety of any individual.
If acoustical sound equipment is utilized and
the measured sound level exceeds the sound level limits set forth
for the receiving land use category in the following table when measured
at or within the property boundary of the receiving land use, a presumptive
violation of this noise ordinance shall be proven.
Sound Level Presumption Limits (dBA)
|
---|
Sound-Receiving Property Category
|
---|
|
Another Dwelling Within a Multi-Dwelling-Unit
Building
|
Residential
|
Commercial
|
---|
|
7:00 a.m. to 10:00 p.m.
|
10:00 p.m. to 7:00 a.m.
|
7:00 a.m. to 10:00 p.m.
|
10:00 p.m. to 7:00 a.m.
|
All times
|
---|
Sound-Emitting Property Category
|
|
|
|
|
|
Any location within a multi-dwelling-unit building
|
45
|
40
|
55
|
50
|
65
|
Residential
|
|
|
55
|
50
|
65
|
Commercial or public spaces or rights-of-way
|
|
|
65
|
50
|
65
|
The prohibitions contained in this chapter shall
not apply to persons:
A. Who are engaged in the performance of any public or
governmental function, such as the sounding of a church or school
bell or a police, fire, ambulance, air raid or like disaster warning,
alert or alarm, whether such alarm is for an actual emergency purpose
or for practice or drilling purposes.
B. Who are engaged in a religious, charitable, recreational,
civic or political activity by means of a sound truck or other amplifying
device for nonprofit purposes, provided that such persons shall have
first obtained a permit from the Borough of Longport, upon written
application, setting forth the sponsorship, date, hours and routes
of such activity. The Board of Commissioners shall not issue such
permit unless, having considered the date, time and route, it shall
determine that the noise created by such activity shall not cause
undue discomfort to the public.
C. Who are engaged in any activity specifically permitted
or required by any ordinance, resolution, statute or governmental
regulation.
D. Employed by public utility companies engaged in emergency
repair services between the hours of 6:00 p.m. and 8:00 a.m.; provided,
however, that such noise does not exceed levels reasonably necessary
to accomplish such work.
E. The governing body of the Borough of Longport may, by adoption of
a resolution, establish modified hours of construction or variances
from such regulations and the time limitations for such exception
as contained within this chapter for publicly funded construction
projects.
[Added 7-19-2017 by Ord.
No. 2017-18]
To the extent that the application of any law
or regulation of the State of New Jersey or of the United States is
more protective of the public from ambient noise, vibration, fumes
and odor levels, such laws or regulations shall apply.
Any person who shall violate any of the provisions
of this chapter or any order promulgated hereunder shall, upon conviction,
be punished by a fine not to exceed $1,000 or by imprisonment in the
county jail for a period not to exceed 90 days, or by both such fine
and imprisonment. Each violation of any of the provisions of this
chapter and each day that such violation shall continue shall be deemed
to be a separate and distinct offense.