Township of Pemberton, NJ Article III Plainly Audible Noise

§ 132-9 Applicability.

This article shall cover any noise from any source location which is plainly audible in violation of the provisions of this article.

§ 132-10 Prohibited acts.

It shall be unlawful for any individual, company or entity to make, continue or cause to be made or continued any loud, unnecessary or unusual noise or any noise which does or is likely to annoy, disturb, injure or endanger the comfort, repose, health, peace or safety of others.

§ 132-11 Loud, disturbing and unnecessary noise.

A. Without intending to limit the generality of § 132-10, the following acts are hereby declared to be examples of loud, disturbing and unnecessary noise in violation of this article:

(1) Radios; televisions; sound amplifiers. The playing, use or operation of any radio receiving set, television, musical instrument, loudspeaker, amplifier or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of neighboring inhabitants or with louder volume than is necessary for convenient hearing for persons who are in the room or building in which the machine or device is operated and who are voluntary listeners. The operation of such a set, instrument, machine or device between the hours of 9:00 p.m. and 7:00 a.m. Sunday through Thursday and 11:00 p.m. and 7:00 a.m. Friday and Saturday so that it is clearly audible at a distance of 50 feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this article.

[Amended 10-19-2022 by Ord. No. 23-2022]

(2) Yelling; shouting. Yelling, shouting, hooting, whistling or singing on the public streets, particularly between the hours of 9:00 p.m. and 7:00 a.m. Sunday through Thursday and 11:00 p.m. and 7:00 a.m. Friday and Saturday, or at any time or place, which annoys or disturbs 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.

[Amended 10-19-2022 by Ord. No. 23-2022]

(3) Animals; birds. The keeping of animals or birds which, by causing frequent or long-continued noise, disturb the comfort or repose of any person in the vicinity, but nothing herein contained is intended to apply to a licensed dog pound or kennel.

(4) Horns. The sounding of a horn or warning device on an automobile, motorcycle, bus or other vehicle except when required by law, or when necessary to give timely warning of the approach of the vehicle, or as a warning of impending danger to persons driving other vehicles or to persons on the street. No person shall sound a horn or warning device on an automobile, motorcycle, bus or other vehicle which emits an unreasonably loud or harsh sound or for an unnecessary or unreasonable period of time.

(5) Exhaust. The discharge into the open air of the exhaust of a steam engine, stationary internal combustion engine or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises.

(6) Defect in vehicle or load. The use of an automobile, motorcycle or vehicle so out of repair or so loaded that it creates loud and unnecessary grating, grinding, rattling or other noise.

(7) Construction or repair. The carrying on of excavation, demolition, construction, repair or alteration work other than between the hours of 7:00 a.m. and 6:00 p.m., and the carrying on of construction, repair or alteration work by a homeowner on his own dwelling or property other than between the hours of 7:00 a.m. and 9:00 p.m. All motorized equipment used in construction and demolition activity shall be operated with a muffler.

(8) Schools; courts; houses of worship; hospitals. The creation of excessive noise on a street adjacent to a school, institution of learning, house of worship or court while in use or adjacent to a hospital which unreasonably interferes with the working of the institution or which disturbs or unduly annoys patients in the hospital, provided that conspicuous signs are displayed in such a street indicating that it is a school, hospital or court street.

(9) Drums. The use of any drum or other instrument or device for the purpose of attracting attention by creation of noise to any performance, show or sale.

(10) Metal rails, pillars and columns; transportation thereof. The transportation of rails, pillars or columns of iron, steel or other material over and along streets and other public places upon carts, drays, cars, trucks or in any other manner so loaded as to cause loud noises or as to disturb the peace and quiet of such streets or other public places.

(11) Pile drivers, hammers, etc. The operation, other than between the hours of 7:00 a.m. and 6:00 p.m. on weekdays, of any pile driver, steam shovel, bulldozer or other earthmoving machinery, pneumatic hammer, derrick, steam or electric hoist or other appliance, the use of which is attended by loud or unusual noise.

(12) Blowers. The operation of any noise-creating blower or power fan or any internal combustion engine, the operation of which causes noise due to the explosion of operating gases or fluids, unless the noise from such blower or fan is muffled and such engine is equipped with a muffler device sufficient to deaden such noises.

(13) Lawn mowers, snow blowers/throwers. The operation of any internal combustion engine lawn mower, or electric power lawn mower or of any snow blower or snow thrower before 7:00 a.m. or after dark on a weekday and before 8:00 a.m. or after dark on a weekend is prohibited.

(14) Electric generators. The residential use of any fuel-powered device that produces electricity and produces sound that is clearly audible from a distance of 50 feet from the device except at times when electric power is interrupted for reasons beyond the control of the property owner or occupant or for the maintenance or testing of the generator unit for a period not to exceed 30 minutes. Such maintenance and testing shall only be conducted between the hours of 8:00 a.m. and 7:00 p.m.

[Added 12-2-2020 by Ord. No. 26-2020]

B. The above enumeration is intended to give typical illustrations of prohibited noise and shall not be construed as exclusive.

§ 132-12 Exceptions.

Nothing herein contained shall be construed to apply to:

A. The use of bells, chimes or sound amplifiers by houses of worship engaged in house of worship activities.

B. Activities of municipal departments in the performance of their duties, drills or public demonstrations.

C. Police, fire, ambulance, air raid or other sirens which may be operated by the Township or civil defense or other governmental authorities.

D. Activities in public parks, playgrounds or public buildings under permission or authority of municipal officials.

E. The playing by a band or orchestra in a hall or building or in the open air, where duly authorized.

F. Activities of municipal or public utilities or municipal public works to respond to emergencies, public health or safety issues or to repair critical infrastructure.

[Added 10-19-2022 by Ord. No. 23-2022]

§ 132-13 Enforcement; violations and penalties.

A. The provisions of this article shall be enforced by the Pemberton Township Police Department.

B. Any person, firm or corporation violating any provision of this article shall upon conviction be subject to a fine not exceeding $2,000 or the maximum allowable under N.J.S.A. 40:49-5, a term of imprisonment not exceeding 90 days or a period of community service not exceeding 90 days or any combination thereof. If the violation is of a continuing nature, each day during which it occurs shall constitute an additional, separate and distinct offense.