[Adopted by Ord. No. 86-26 (Sec. 15-2 of the 1975 Code)]
A. 
Findings and policy.
(1) 
Excessive sound is a serious hazard to the public health, welfare, safety and the quality of life. A substantial body of science and technology exists by which excessive sound may be substantially abated. The people have a right to, and should be ensured an environment free from excessive sound.
(2) 
It is the policy of Lower Township to prevent excessive sound that may jeopardize the health, welfare, or safety of the citizens or degrade the quality of life.
B. 
Scope. This article shall apply to the control of sound originating from mobile sources within the limits of the Township of Lower.
As used in this article, the following terms shall have the meanings indicated:
DECIBEL (dB)
The practical unit of measurement for sound pressure level; the number of decibels of a measured sound is equal to 20 times the logarithm to the base 10 of the ratio of the sound pressure of the measured sound to the sound pressure of a standard sound (20 micropascals); abbreviated dB.
EMERGENCY WORK
Any work or action necessary to restore essential services, including, but not limited to, repairing water, gas, electricity, telephone, sewer facilities, and public transportation, removing fallen trees on public rights-of-way, and abating life-threatening conditions.
GROSS VEHICLE WEIGHT RATING (GVWR)
The values specified by the manufacturer as the recommended maximum loaded weight of a single motor vehicle. In cases where trailers and tractors are separable, the gross combination weight rating (GCWR), which is the value specified by the manufacturer as the recommended maximum loaded weight of the combination vehicle, shall be used.
MOTOR CARRIER VEHICLE ENGAGED IN INTERSTATE COMMERCE
Any vehicle for which regulations apply pursuant to Section 18 of the Federal Noise Control Act of 1972 (P.L. 92-574), as amended, pertaining to motor carriers engaged in interstate commerce.
MOTORCYCLE
An unenclosed motor vehicle having a saddle for the use of the operator and two or three wheels in contact with the ground, including, but not limited to, motor scooters, mopeds, and mini-bikes.
MOTOR VEHICLE
Any vehicle that is propelled or drawn on land by an engine or motor, such as, but not limited to, passenger cars, trucks, truck-trailers, semitrailers, campers, go-carts, snowmobiles, amphibious craft on land, dune buggies, or racing vehicles, but not including motorcycles.
MUFFLER
A sound dissipative device or system for abating the sound of escaping gases of an internal combustion engine.
NOISE
Any airborne 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.
NOISE CONTROL OFFICER
An officially designated employee of the Police Department trained in the measurement of sound and empowered to issue citations of violations of this article.
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, alley, or similar place that is owned or controlled by a governmental entity.
PUBLIC SPACE
Any real property or structures thereon that are owned or controlled by a governmental entity.
REAL PROPERTY LINE
The imaginary line, including its vertical extension, that separates one parcel of real property from another.
RECREATIONAL MOTORIZED VEHICLE
Any motor vehicle used off public roads for recreational purposes.
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.
SOUND LEVEL
The sound pressure level measured in decibels with a sound level meter.
SOUND LEVEL METER
An instrument for the measurement of sound levels as specified in N.J.A.C. 7:29B, which provisions are incorporated herein by reference.
A. 
The noise control program established by this article shall be administered by the Police Department.
B. 
The Police Department shall be empowered to stop any motor vehicle or motorcycle operated on a public right-of-way or public space reasonably suspected of violating any provision of this article.
C. 
A person shall be qualified to be a Noise Control Officer if the person has satisfactorily completed any of the following:
(1) 
"Community Noise - A Short Course" offered by the Department of Environmental Science of Cook College, Rutgers, the State University; or
(2) 
Education or experience or a combination thereof certified as equivalent by the Department of Environmental Science.
A. 
Motor vehicles and motorcycles on public rights-of-way. No person shall cause suffer, allow, or permit the operation of a public or private motor vehicle or motorcycle on a public right-of-way at any time in such a manner that the A-weighted sound pressure level emitted by the motor vehicle or motorcycle exceeds the level set forth in Table I.
TABLE I
Maximum Permissible A-Weighted Sound Pressure
Levels From Motor Vehicles and Motorcycles
[A-weighted sound pressure level in dBA at 50 feet (15 meters)
from center line of vehicle travel]
(Measured according to Department of Transportation, Bureau of Motor Carrier Safety Regulations for Enforcement of Motor Carrier Noise Emission Standards, Title 49, Code of Federal Regulations, Chapter II, Part 325)
Vehicle Class
Speed Limit 35 m.p.h. or Less
Speed Limit Over 35 m.p.h.
Stationary Run-up
Motor carrier vehicle in interstate commerce of GVWR or GCWR of 10,000 pounds or more
86
90
88
All other motor vehicles or GVWR or GCWR of 10,000 or more
86
90
--
Any motorcycle
82
86
--
Any other motor vehicle or any combination of vehicles towed by any motor vehicle
76
82
--
A-Weighted sound pressure level on fast setting in dBA at 15 feet from the edge of the lane of vehicle travel
Any motor vehicle or motorcycle with a GVWR less than 10,000 pounds
80
B. 
Recreational motorized vehicles operating off public rights-of-way.
(1) 
Except as permitted in § 441-17B(2), no person shall operate or cause to be operated any recreational motorized vehicle in such a manner that the sound level emitted therefrom exceeds the limits set forth in Table II at either:
(a) 
A distance of 50 feet (15 meters) or more from the path of the vehicle when operated on a public space; or
(b) 
At or across a real property line when operated on private property.
(2) 
This section shall apply to all recreational motorized vehicles whether or not duly licensed or registered.
TABLE II
Maximum Permissible A-Weighted Sound Pressure Recreational Motorized Vehicles Operated Off Public Rights-Of-Way
Vehicle Type
A-Weighted Sound Pressure Level
Motorcycle
Unit manufactured before 1975
86
Unit manufactured after 1975
84
Any other vehicle
Unit manufactured before 1975
84
Unit manufactured after 1975
80
A. 
Adequate mufflers.
(1) 
No person shall cause, suffer, allow, or permit the operation of any motor vehicle or motorcycle not equipped with original muffler and other components or equivalent replacement in good working order and in constant operation, regardless of sound level permits.
(2) 
No person shall remove or render inoperative, or cause to be removed or rendered inoperative, other than for purposes of maintenance, repair, or replacement, any muffler or other exhaust component on a motor vehicle or motorcycle.
B. 
Motor vehicle horns and signaling devices. The following acts and the causing thereof are declared to be in violation of this article:
(1) 
The sounding of any horn or other auditory signaling device in any motor vehicle or motorcycle on any public right-of-way or public space, except as a warning of danger.
(2) 
The sounding of any horn or other auditory signaling device that produces a sound level in excess of 100 dBA at 25 feet (7.5 meters).
C. 
Standing motor vehicles. No person shall operate or permit the operation of any motor vehicle or any auxiliary equipment attached to such a vehicle, for a period longer than three 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 10:00 p.m. and 7:00 a.m. the following day.
D. 
Sound reproduction device. No person shall cause, suffer, allow or permit the operating or playing of any radio, tape player or similar device that reproduces or amplifies sound in such a manner as to create noise at 50 feet (15 meters) from such device, when operating in or on a motor vehicle on a public right-of-way or public space.
The provisions of this article shall not apply to the emission of sound for the purpose of alerting persons to the existence of an emergency, except as specified in § 441-17B(2).
Violation of any provision of this article shall be cause for a summons to be issued by the Noise Control Officer according to procedures set forth in New Jersey Court Rule 3.3-1.
If a summons is given for violation of § 441-17A of this article, the summons may be revoked by the Police Department if the offending vehicle's exhaust system is repaired within five days. The vehicle must be brought to the police station for an inspection of the exhaust system.
A. 
Any person who violates any provision of this article shall be subject to a penalty for each offense of not more than $500.
B. 
Any person who willfully or knowingly violates any provision of this article shall be subject to a penalty for each offense of a sum of not less than $25 and not more than $500.
No provisions of this article shall be construed to impair any common law or statutory cause of action, or legal remedy therefrom, nor any person for injury or damage arising from any violation of this article or from other law.