This chapter may be cited as the "Noise Control Regulations of the Borough
of Paulsboro."
Whereas excessive sound and vibration are a serious hazard to the public
health and welfare, safety and the quality of life; and technology exists
by which excessive sound and vibration may be substantially abated; and whereas
the people have a right to and should be ensured an environment free from
excessive sound and vibration that may jeopardize their health or welfare
or safety or degrade the quality of life; it is the policy of the Borough
to prevent excessive sound and vibration which may jeopardize the health and
welfare or safety of its citizens or degrade the quality of life.
This chapter shall apply to the control of all sound and vibration originating
within the limits of the Borough.
As used in this chapter, the following terms shall have the meanings
indicated:
AGENT
A duly authorized individual or corporate officer designated by the
owner.
COMMERCIAL AREA
A group of commercial facilities and the abutting public rights-of-way
and public spaces.
COMMERCIAL FACILITY
Any premises, property or facility involving traffic in goods or
furnishing of services for sale or profit, including but not limited to:
A.
Banking and other financial institutions.
C.
Establishments for providing retail services.
D.
Establishments for providing wholesale services.
E.
Establishments for recreation and entertainment.
CONSTRUCTION
Any site preparation, assembly, erection, repair, alteration or similar
action, but excluding demolition of buildings or structures.
DEMOLITION
Any dismantling, intentional destruction or removal of buildings
or structures.
EMERGENCY WORK
Any work or action necessary to deliver essential services, including,
but not limited to, repairing water, gas, electricity, telephone, sewer facilities,
or public transportation facilities, removing fallen trees on public rights-of-way
or abating life-threatening conditions.
INDUSTRIAL FACILITY
Any activity and its related premises, property, facilities or equipment
involving the fabrication, manufacture or production of durable or nondurable
goods.
MOTOR VEHICLE
Any vehicle that is propelled or drawn on land by an engine or motor.
MUFFLER
A sound-dissipating device system for abating the sound of escaping
gases of an internal combustion engine.
NOISE
Any sounds of such level and duration as to be or tend to be injurious
to human health or welfare, or which would unreasonably interfere with the
enjoyment of life or property throughout the Borough or in any portions thereof,
but excludes all aspects of the employer-employee relationship concerning
health and safety hazards within the confines of a place of employment.
NOISE CONTROL ADMINISTRATOR
The Borough of Paulsboro Chief of Police, who is designated as the
official liaison with all municipal departments, empowered to grant permits
for variances.
NOISE CONTROL OFFICERS
Police officers of the Borough and licensed Code Enforcement Officers
who are employees of the Borough.
NOISE DISTURBANCE
Any sound that:
A.
Endangers the safety or health of any person; or
B.
Disturbs a reasonable person of normal sensitivities; or
C.
Endangers personal or real property.
NOISE-FREE ZONE
An area in the Borough of Paulsboro where, because of the history
of repeated or continuous noise violations occurring in the area, the Borough
Council, by ordinance, adopts a special enforcement area with clearly marked
boundaries established by signs, in which the penalties for violations of
noise regulations shall be doubled.
PERSON
Any individual, corporation, company, association, society, firm,
partnership, joint-stock company, the state or any political subdivision,
agency or instrumentality of the state.
PUBLIC RIGHT-OF-WAY
Any street, avenue, boulevard, road, highway, sidewalk or alley that
is leased, owned or controlled by a governmental entity.
PUBLIC SPACE
Any real property or structures thereon that are owned, leased or
controlled by a governmental entity.
REAL PROPERTY LINE
Either:
A.
The imaginary line, including its vertical extension that separates
one parcel of real property from another; or
B.
The vertical and horizontal boundaries of a dwelling unit that is one
in a multi-dwelling-unit building.
RESIDENTIAL AREA
A group of residential properties and the abutting public right-of-way
and public spaces.
RESIDENTIAL PROPERTY
Any property used for human habitation, including but not limited
to:
A.
Private property used for human habitation.
B.
Commercial living accommodations and commercial property used for human
habitation.
C.
Recreational and entertainment property used for human habitation.
D.
Community service property used for human habitation.
WEEKDAY
Any day, Monday through Friday, that is not a legal holiday.
The Borough Council may from time to time designate well-defined areas
within the Borough as noise-free zones. Such designations shall be for limited
or indefinite periods of time but shall be based upon findings of chronic
noise violations in the area. Such areas shall be clearly marked by appropriate
signage.
Should any section or part of this chapter be declared unconstitutional
or invalid by a court of competent jurisdiction, the other parts or sections
shall be separable and remain in full force and effect.