Township of Logan, NJ
Gloucester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Logan as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Alarm systems — See Ch. 56.
Disorderly conduct — See Ch. 80.
Dogs — See Ch. 81.
Street openings and excavations — See Ch. 134.
Vehicles and traffic — See Ch. 152.
[Adopted 7-5-2005 by Ord. No. 16-2005]

§ 112-1 Purpose.

This article shall apply to the control of all sound and vibration originating within the limits of the Township of Logan.

§ 112-2 Definitions.

As used in this article, the following terms shall have the meanings indicated:
COMMERCIAL ESTABLISHMENT
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.
B. 
Dining establishments.
C. 
Establishments providing retail services.
D. 
Establishments providing wholesale services.
E. 
Establishments for recreation and entertainment.
F. 
Office buildings/hotels/motels.
G. 
Transportation.
H. 
Warehouses.
CONSTRUCTION
Any site preparation, assembly, erection, repair, alteration or similar action.
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, removal of fallen trees on public rights-of-way or abating life-threatening conditions, including but not limited to snow removal.
MOTOR VEHICLE
Includes all vehicles propelled otherwise than by muscular power, excepting such vehicles run upon rails or tracks, and includes motorized bicycles, mopeds, motorcycles, motor-drawn vehicles and noncommercial trucks.
NOISE/NOISE DISTURBANCE
Any sound or a sound that is loud, unpleasant, unexpected, undesired or is a disagreeable auditory experience which may tend to be injurious to human health and welfare, disturbs a reasonable person of normal sensitivities or which unreasonably interferes with the enjoyment of life or property throughout the Township.
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, court, drive, 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 leased, owned or controlled by a governmental entity.
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 multidwelling building.
RESIDENTIAL AREA
A group of residential properties and the abutting public right-of-way and public spaces.
WEEKDAY
Any day, Monday through Friday, including a legal holiday.
WEEKEND
Saturday and Sunday.

§ 112-3 Prohibited acts.

A. 
It shall be unlawful for any person to operate or permit the operation thereof of any tools or equipment used in construction, drilling, earthmoving, excavation or demolition work between the hours of 10:00 p.m. and 7:00 a.m. the following day on weekdays and 10:00 p.m. and 8:00 a.m. the following day on weekends, except by permit and/or as a result of emergency work necessary to deliver essential services, including but not limited to repairing water, gas, electricity, telephone, sewer facilities, removal of fallen trees on public rights-of-way or abating life-threatening conditions, including but not limited to snow removal, when the sound therefrom creates a noise disturbance across a residential real property line at any time.
B. 
It shall be unlawful for any contracted solid waste disposal company to perform its contractual obligation of trash collection between the hours of 9:00 p.m. and 6:00 a.m. the following day.
C. 
No person shall cause, allow or permit the operation of any motor vehicle whose manufacturer's gross weight is in excess of 10,000 pounds or any auxiliary equipment attached to such 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 of a residential area between the hours of 9:00 p.m. and 6:00 a.m. the following day.
D. 
It shall be unlawful for any person, including but not limited to within a motor vehicle, to operate, play or permit the operation or playing of any radio, television, phonograph, compact disc player, reel-to-reel tape player, cassette player, musical instrument, 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 and to create a noise disturbance across a residential real property line at any time.
E. 
No person shall cause, permit or disturb a person of ordinary sensibilities so as to cause such person to react immediately in such a way as to threaten by physical violence the peace and order of the public and/or engage in a quarrel, fight, brawl, rumble or harass. A disturbance within the scope of this subsection is the making of unsolicited remarks of an offensive, disgusting or insulting nature which are calculated to annoy or disturb the person to whom or in whose hearing they are made.

§ 112-4 Enforcement.

A. 
Abatement orders. In lieu of issuing a summons as provided herein, a municipal law enforcement officer may issue an order requiring abatement of any source of sound alleged to be in violation of this article within a reasonable time period unless he/she has reason to believe there will not be compliance with the abatement order.
B. 
Violation of any provision of this article shall be cause for a summons to be issued.
C. 
Complaints shown to be unfounded by local law enforcement officials could subject complainant to charges under N.J.S.A. 2C:28-4 and/or N.J.S.A. 2C:33-4 and applicable fines and court costs.

§ 112-5 Violations and penalties.

A. 
Any person who violates any provision of this article shall be liable, upon conviction in Municipal Court, of a fine not to exceed $250 for the first offense and of not less than $500 and no greater than $1,000 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 article occurs, shall be presumed to be a violator of this article. Such presumption shall be subject to rebuttal in a court of law.
C. 
Other remedies: No provision of this article 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 article or other law.

§ 112-6 Exemptions.

A. 
Noise from municipally sponsored or municipally approved commercial establishment events and/or celebrations.
B. 
Fire sirens and/or any other emergency vehicle audible device.
C. 
Nothing herein contained shall be construed to apply to farmers under the Right to Farm Act.
[Adopted 9-18-2007 by Ord. No. 11-2007]

§ 112-7 Prohibition.

It shall be unlawful for the driver of any motor vehicle to use or operate or cause to be used or operated, at any time and on any road within the Township of Logan, any mechanical exhaust or decompression device which results in the practice known as "engine braking."

§ 112-8 Definitions.

As used in this article, the following terms shall have the meanings indicated:
ENGINE BRAKING
The use or operation of any mechanical exhaust device designed to aid in the breaking, decompression or deceleration of a motor vehicle, which results in the excessive, loud, unusual or explosive noise from such vehicle in excess of state or federal noise standards for said vehicle.
A. 
The provisions of this article shall not apply to the application of unmuffled compression brakes where necessary for the protection of persons and/or property, which cannot be avoided by application of an alternative braking system. Noise caused by the application of engine compression brakes, otherwise known as "engine braking," which is effectively muffled, or if the application is necessary for the safety, health and welfare of the community, shall be exempt from the provisions of this article.
B. 
Sounds created by emergency equipment for emergency purposes shall also be exempt.

§ 112-9 Post of signs.

The Township is hereby authorized to post at reasonable locations with the Township, signs indicating the prohibition of "engine braking."