[HISTORY: Adopted by the Township Council
of the Township of Logan as indicated in article histories. Amendments
noted where applicable.]
[Adopted 7-5-2005 by Ord. No. 16-2005]
This article shall apply to the control of all
sound and vibration originating within the limits of the Township
of Logan.
As used in this article, the following terms
shall have the meanings indicated:
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.
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, removal of fallen trees on public rights-of-way
or abating life-threatening conditions, including but not limited
to snow removal.
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.
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.
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, court, drive, road, highway,
sidewalk or alley that is leased, owned or controlled by a governmental
entity.
Any real property or structures thereon that are leased,
owned or controlled by a governmental entity.
A group of residential properties and the abutting public
right-of-way and public spaces.
Any day, Monday through Friday, including a legal holiday.
Saturday and Sunday.
A.Â
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.Â
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.Â
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.Â
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.Â
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.
A.Â
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.Â
Violation of any provision of this article shall be
cause for a summons to be issued.
C.Â
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.
A.Â
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.Â
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.Â
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.
[Adopted 9-18-2007 by Ord. No. 11-2007]
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."
As used in this article, the following terms
shall have the meanings indicated:
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.
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.
Sounds created by emergency equipment for emergency
purposes shall also be exempt.
The Township is hereby authorized to post at
reasonable locations with the Township, signs indicating the prohibition
of "engine braking."
