[HISTORY: Adopted by the Board of Commissioners
of the Borough of Longport 9-7-2005 by Ord. No. 2005-09.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed
former Ch. 116, Noise and Vibration, adopted 1-6-1993 by Ord. No.
92-15, as amended.
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.
As used in this chapter:
A.
All acoustical words and terms shall have the meanings
set forth in the publication of the American National Standards Institute,
New York, New York, entitled "Acoustical Terminology," USASI SL 1-1960.
B.
All equipment used in making acoustical measurements
shall meet or exceed the requirements set forth in the publication
of said Institute, entitled "Specification for General Purpose Sound
Level Meters," USASI SL 4-1961.
C.
All such measurements so made shall be made in full
accordance with the methods and procedures set forth in USASI SL 2-1962,
entitled "Methods for the Physical Measurement of Sound."
D.
CONSTRUCTION
FUMES AND ODORS
MOTORBOAT
REAL PROPERTY BOUNDARY
SOUND LEVEL
The following terms shall have the meanings indicated:
Any work done pursuant to a building permit or for which
a building permit should have been issued.
Any fumes or odors caused by engines or other sources, including
diesel and restaurant exhausts and the like.
Any vehicle which is primarily operated on water or which
does operate on water, such as boats, barges, amphibious craft or
Hovercraft, and which is propelled by mechanical power.
Any 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 intrabuilding real
property divisions.
The weighted sound-pressure level obtained by the use of
a sound-level meter and frequency weighting network, such as A, B
or C, as specified in American National Standards Institute specifications
for sound-level meters (ANSI SL 4-1971, or the latest approved revision
thereof). If the frequency weighting employed is not indicated, the
A-weighting shall apply.
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.
A.
The following specific acts are declared to be loud,
disturbing and unreasonable noise, odor, fume, and glare in violation
of this chapter, but said enumeration shall not be deemed to be exclusive:
(1)
Horns, signaling devices, etc.: the sounding of any
horn or signaling device on any automobile, motorcycle, bus, truck
or other vehicle on any street, road or public place, except as a
warning permitted by the motor vehicle laws, whistle or other device
operated by engine exhaust and the use of any such signaling device
when traffic is held up for any reason.
(2)
Radio and television sets, phonographs, etc.: the
use of radio or television receiving sets, musical instruments, phonographs
or any other machines or devices for the producing or reproducing
of sound in such a manner as to disturb the peace, quiet and comfort
of the neighboring inhabitants or visitors to the Borough or its beaches
at any time, with volume louder than is necessary for convenient hearing
of the person or persons who are in the room or vehicle or on the
street or beach in or on which such machine or device is operated
and who are voluntary listeners thereto. The operation of any such
device in such a manner as to be plainly audible at a distance of
50 feet from the building, structure, vehicle or place in which it
is located or, in the case of such instruments operated in the open,
at a distance of 50 feet from the instrument shall be prima facie
evidence of a violation of this section.
(3)
Loudspeakers and amplifiers for advertising: the use
of any radio receiving set, musical instrument, phonograph, loudspeaker,
sound amplifier or other machine or device for the producing or reproducing
of sound which is cast upon the public streets for the purposes of
commercial advertising.
(4)
Animals, birds, etc.: the keeping of any animal or
bird which, by causing frequent or long-continued noise, disturbs
the comfort, repose, peace or quiet of persons residing in the vicinity.
(5)
Exhaust: the discharge into the open air of the exhaust
of any internal-combustion engine except through an adequate muffler
or other device which will effectively prevent loud or explosive noises
therefrom. This restriction includes by way of example and not by
way of limitation internal-combustion engines powering motor vehicles,
motorcycles, motorboats, watercraft, vessels, chain saws and lawn
mowers.
(6)
Loading and unloading: the creation of a loud and
excessive noise in connection with loading and unloading any vehicle
or the opening or destruction of bales, boxes, crates and containers.
(7)
Construction or repairing of buildings: Three rules
and an emergency exception apply to the erection (including excavation),
demolition, alteration or repair of any buildings.
(a)
Year-round rule: construction shall be permitted
Monday through Friday throughout the year between the hours of 8:00
a.m. and 6:00 p.m. No construction shall be permitted on Sundays or
the following holidays: New Year's Day; Memorial Day weekend (Saturday,
Sunday and Monday); July 4 (If July 4 falls on a Monday or Friday,
then Saturday is also a prohibited day. If July 4 falls on a weekend
then no construction shall be permitted on the day of observance whether
the Friday before or Monday after the weekend); Labor Day weekend
(Saturday, Sunday and Monday); Thanksgiving Day; Christmas Day.
[Amended 12-18-2013 by Ord. No. 2013-24; 8-18-2021 by Ord. No. 2021-17]
(b)
Summer Saturday rule: Saturday construction
shall be permitted during the period June 15 to September 15, between
the hours of 9:00 a.m. and 4:00 p.m. strictly, provided that no courtesy
parking shall be permitted and all vehicles must be parked in a legal
parking space; and construction noise shall not disturb neighboring
property owners or residents.
(c)
Winter Saturday rule: Saturday construction
shall be permitted during the period September 16 to June 14 between
the hours of 8:30 a.m. and 4:30 p.m., and courtesy construction parking
may be permitted on one side of the street only.
(d)
Emergency exception: in the case of urgent necessity
in the interest of public health and safety, and then only with a
permit from the Construction Code Official, which permit may be granted
for a period not to exceed three days while the emergency continues
and which permit may be renewed for a period of three days or less
while the emergency continues or except as otherwise directed by the
Police Department.
(8)
Blowers, fans and pumps: the use of any blower, fan
or pump engine or motor in connection therewith, including, by way
example and not by way of limitation, air-conditioning systems, compression
devices and pool filter systems, if such use creates loud, penetrating
or continuous noises that disturb the comfort or repose of persons
residing in the vicinity.
(9)
Schools, courts, churches and hospitals: the creation
of any excessive noise adjacent to any school, institution of learning,
house of worship or judicial court while the same is in use, or adjacent
to any hospital, which unreasonably interferes with the workings of
such institutions or which disturbs or unduly annoys patients in the
hospital, provided that conspicuous signs are displayed on the adjacent
streets indicating that the same is a school, hospital, church or
court street.
(10)
Hawkers and peddlers: the shouting and crying
of peddlers, hawkers and vendors which disturbs the peace and quiet
of the neighborhood.
(11)
Drums, bells and the like: the use of any drum,
bell, horn, loudspeaker or other instrument or device for the purpose
of attracting attention to any performance, show or sale or the display
of merchandise by any creation of noise or sound.
(12)
Mobile loudspeakers: the use of mechanical loudspeakers
or amplifiers on vehicles or aircraft for commercial advertising purposes.
(13)
Yelling, shouting and the like: yelling, shouting,
hooting, whistling or singing on the public streets at any time or
place so as to annoy or disturb the quiet, comfort or repose of persons
in any office, dwelling, hotel, motel or other type of residence or
of any persons in the vicinity.
(14)
Lawn mowers and chain saws: the use of lawn
mowers and chain saws, powered by internal-combustion engines, between
the hours of 9:00 p.m. and 8:00 a.m.
(15)
Motorboats, vessels or watercraft: operating
or permitting the operation of any motorboat, vessel or watercraft
in any lake, river, stream or other waterway in such a manner as to
exceed the sound level of 50 dBA at 50 feet (15 meters) or the nearest
shoreline, whichever distance is less.
(16)
Exhausts of fumes and odors: operating any diesel
engine for more than three minutes at idle, or for more than three
minutes in a 500-foot radius in the case of a floating vessel, or
allowing the emission of obnoxious odors or fumes to be released into
the atmosphere for more than a three-minute duration. Should any law
or regulation be more restrictive regarding the emission of fumes
and odors, such law or regulation shall apply.
(17)
Power washing: operating a power washing unit
at any time which creates loud, disturbing or unreasonable noise or,
if a commercial user, operating a power washer on Sundays.
(18)
Glare: creating any glare or light washover
from a light source to another or receiving property whenever the
light-emitting element such as the bulb is visible at any location
of the other or receiving property.
B.
If any person who is not exempted under the provisions of this chapter shall cause to be made any of the noises generally or specifically prohibited under this section, and if the noise shall be proved to be in violation of the sound levels prescribed under § 116-5 below, said proof shall be sufficient to provide a presumptive violation under this chapter.
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.
