[HISTORY: Adopted by the Mayor and Council of the Borough of Paulsboro 2-6-1968
by Ord. No. 485; amended in its entirety 10-3-2000
by Ord. No. 0.8.00. Subsequent amendments noted where applicable.]
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:
A duly authorized individual or corporate officer designated by the
owner.
A group of commercial facilities and the abutting public rights-of-way
and public spaces.
Any premises, property or facility involving traffic in goods or
furnishing of services for sale or profit, including but not limited to:
Any site preparation, assembly, erection, repair, alteration or similar
action, but excluding demolition of buildings or structures.
Any dismantling, intentional destruction or removal of buildings
or structures.
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.
Any activity and its related premises, property, facilities or equipment
involving the fabrication, manufacture or production of durable or nondurable
goods.
Any vehicle that is propelled or drawn on land by an engine or motor.
A sound-dissipating device system for abating the sound of escaping
gases of an internal combustion engine.
Any building wherein there are more than two dwelling units.
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.
The Borough of Paulsboro Chief of Police, who is designated as the
official liaison with all municipal departments, empowered to grant permits
for variances.
Police officers of the Borough and licensed Code Enforcement Officers
who are employees of the Borough.
Any sound that:
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.
Any individual, corporation, company, association, society, firm,
partnership, joint-stock company, the state or any political subdivision,
agency or instrumentality of the state.
Any street, avenue, boulevard, road, highway, sidewalk or alley that
is leased, owned or controlled by a governmental entity.
Any real property or structures thereon that are owned, leased or
controlled by a governmental entity.
Either:
A group of residential properties and the abutting public right-of-way
and public spaces.
Any property used for human habitation, including but not limited
to:
Any day, Monday through Friday, that is not a legal holiday.
A.
The provisions of this chapter shall be enforced by any
aggrieved citizen, agent or employee of the Borough by the noise control officers.
B.
The Noise Control Administrator shall have the power
to:
(1)
Coordinate the noise control activities of all municipal
departments and cooperate with all other public bodies and agencies to the
extent practicable.
(2)
Review the actions of other municipal departments and
advise such departments of the effect, if any, of those actions on noise control.
(3)
Review public and private projects, subject to mandatory
review or approval by other departments or boards, for compliance with this
chapter.
A.
All departments and agencies of the Borough shall carry
out their programs according to law and shall cooperate with the Noise Control
Administrator in the implementation and enforcement of this chapter.
B.
All departments charged with new projects or changes
to existing projects that may result in the production of noise shall consult
with the Noise Control Administrator prior to the approval of such projects
to ensure that such activities comply with the provisions of this chapter.
A.
No person shall cause, suffer, allow or permit to be
made, verbally or mechanically any noise disturbance. Noncommercial public
speaking and public assembly activities conducted on any public space or public
right-of-way shall be exempt from the enforcement of this section.
B.
No person shall cause, suffer, allow or permit the following
acts:
(1)
Sound reproduction or amplification systems. Operating,
playing or permitting the operation or playing of any radio, television, phonograph,
compact disc player, reel-to-reel tape player, cassette player, loudspeakers,
public address system and/or similar device that reproduces or amplifies sound
in such a manner as to create a noise disturbance at any time for any person
other than the operator of the device or that creates a noise disturbance
across a residential real property line at any time.
(2)
Animals and birds. Owning, possession or harboring any
pet animals or pet bird that frequently or for continued duration makes sounds
that create a noise disturbance across a residential real property line. (For
the purpose of this section, a noise disturbance from a barking dog occurs
continually for 10 minutes or intermittently for 30 minutes unless provoked.
(3)
Loading and unloading. Loading, unloading, opening, closing
or other handling of boxes, crates, containers, building materials, liquids,
garbage cans, refuse or similar objects, or the pneumatic or pumped loading
or unloading of bulk materials in liquid, gaseous, powder or pellet form,
or the compacting of refuse by persons engaged in the business of scavenging
or garbage collection, whether private or municipal, between the hours of
10:00 p.m. and 6:00 a.m. the following day except by permit, when the sound
therefrom creates a noise disturbance across a residential real property line.
(4)
Standing motor vehicles. Operating or permitting the
operation of any motor vehicle whose manufacturer's gross weight is in
excess of ten thousand pounds, or any auxiliary equipment attached to such
a vehicle, for a period of longer than five minutes in any hour while the
vehicle is stationary, for reasons other than traffic congestion or emergency
work, on a public right-of-way or public space within 150 feet (46 meters)
of a residential area between the hours of 8:00 p.m. and 5 a.m. of the following
day.
(5)
Construction and demolition. Operating or permitting
the operating of any tools or equipment used in construction, drilling, earthmoving,
excavating or demolition work between the hours of 8:00 p.m. and 7:00 a.m.
the following day on weekdays and between the hours of 8:00 p.m. and 9:00
a.m. the following day when the latter is a legal holiday or a weekend day
except by permit, when the sound therefrom creates a noise disturbance across
a residential real property line.
C.
No persons shall cause, suffer, allow or permit to be
made, verbally or mechanically, any noise disturbance in a noise-free zone.
Noncommercial public speaking and public assembly activities conducted on
any public space or public right-of-way shall be exempt from the enforcement
of this section.
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.
A.
The provisions of this chapter shall not apply to:
(1)
The emission of sound for the purpose of alerting persons to the existence of an emergency, except as provided in § 43-7B(5) and (6).
(2)
The emission of sound in the performance of emergency
work.
(3)
The emission of sound in situations within the jurisdiction
of the federal Occupational Safety and Health Act.
B.
Noise from municipally sponsored or approved celebrations,
events or emergency work shall be exempt from the provisions of this chapter.
[1]
Editor's Note: Former § 43-10, Conditions for variances;
application; fee, was repealed 10-17-2000 by Ord. No. 0.10.00.
A.
Abatement orders. In lieu of issuing a summons as provided,
a noise control officer may issue an order requiring abatement of any source
of sound alleged to be in violation of this chapter within a reasonable time
period and unless he/she has reason to believe there will not be compliance
with the abatement order.
A.
Any person who violates any provision of this chapter
shall be liable, upon conviction, to a fine not to exceed $500 for the first
offense and of no less than $250 and no greater than $1000 for each subsequent
offense. Each day any such violation continues shall be construed as a separate
offense.
B.
Any person who exercises dominion and/or control over
the premises or establishment where sound in violation of this chapter occurs
shall be presumed to be a violator of this chapter. Such presumption shall
be subject to rebuttal in a court of law.
C.
Other remedies. No provision of this chapter shall be
construed to impair any common law or statutory cause of action, or legal
remedy therefrom, of any person for injury or damage arising from any violation
of this chapter or from other law.
D.
Noise-free zones.
(1)
Any person who commits any offense defined in this chapter while in an area of the Borough of Paulsboro designated by ordinance of the Borough Council as a noise-free zone, as that term is defined by § 43-4, shall:
(2)
Each day any such violation continues shall be construed
as a separate offense.
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.
