[HISTORY: Adopted by the Township Committee
of the Township of Carneys Point 9-13-1978 as Ord. No. 323. Amendments
noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
All areas defined as commercial in the Zoning Ordinance of
Carneys Point Township.[1]
Any site preparation, assembly, erection, substantial repair,
alteration or similar action, but excluding demolition, for or of
public or private rights-of-way, structures, utilities or similar
property.
A unit for measuring the volume of a sound, equal to 20 times
the logarithm to the base 10 of the ratio of the pressure of the sound
measured to the reference pressure, which is 20 micropascals [20 micronewtons
per square meter].
Any dismantling, intentional destruction or removal of structures,
utilities, public or private right-of-way surfaces or similar property.
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage which demands immediate
action.
Any work performed for the purpose of preventing or alleviating
the physical trauma or property damage threatened or caused by an
emergency.
The value 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.
New Year's Day, Easter, Memorial Day, Independence Day, Labor
Day, Thanksgiving and Christmas.
Any vessel which operates on water and which is propelled
by a motor, including but not limited to boats, barges, amphibious
craft, water-ski towing devices and hover craft.
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.
As in the Motor Vehicle Code of the State of New Jersey.
As in the Motor Vehicle Code of the State of New Jersey.
Any sound which annoys or disturbs humans or which causes
or tends to cause an adverse psychological or physiological effect
on humans.
Any sound which endangers or injures the safety or health
of humans or animals or annoys or disturbs a reasonable person of
normal sensitivities or endangers or injures personal or real property.
Any individual, association, partnership or corporation,
and includes any officer, employee, department, agency or instrumentality
of a state or any political subdivision of a state or federal agency
not associated with national defense.
Any self-propelled air-borne, waterborne or landborne plane,
vessel or vehicle, which is not designed to carry persons, including,
but not limited to, any model airplane, boat, car or rocket.
Any street, avenue, boulevard, highway, sidewalk or alley
or similar place which is owned or controlled by a governmental entity.
Any real property or structures there on which are owned
or controlled by a governmental entity.
Any imaginary line along the ground surface and its vertical
extension, which separates the real property owned by one person from
that owned by another person, but not including intrabuilding real
property divisions.
All areas defined as residential in the Zoning Ordinance
of Carneys Point Township.
An oscillation in pressure, particle displacement, particle
velocity or other physical parameter, in a medium with internal forces
that cause compression and rarefaction of that medium. The description
of sound may include any characteristic of such sound, including duration,
intensity and frequency.
The weighted sound-pressure level obtained by the use of
a sound-level meter and frequency-weighting network, such as A, B
or C, as specified in American National Standards Institute specifications
for sound-level meters (ANSI S1.4-1971, or the latest approved revision
thereof). If the frequency weighting employed is not indicated, the
A-weighting shall apply.
An instrument which includes a microphone, amplifier, r.m.s.
detector, integrator or time averager, output meter and weighting
networks used to measure sound-pressure levels and meets ANSI S-1.4.
Any day, Monday through Friday, which is not a legal holiday.
No person shall unreasonably make, continue
or cause to be made any noise or disturbance defined as follows:
A.
Construction: operating or permitting the operation
of any tools or equipment used in construction, drilling or demolition
work.
(1)
Between the hours of 10:00 p.m. and 7:00 a.m. the following day on weekdays and Saturdays or at any time on Sundays or holidays, such that the sound therefrom creates a noise of disturbance across a residential real property boundary. This subsection shall not apply to activities defined in § 138-5 of this chapter.
B.
Places of public entertainment: operating, playing
or permitting the operation or playing of any radio, television, phonograph,
drum, musical instrument, sound amplifier or similar device which
produces, reproduces or amplifies sound in any place of public entertainment
at a sound level greater than 86 dBA, as read by the slow response
on a sound-level meter at any point that is normally occupied by a
customer, unless a conspicuous and legible sign is located outside
of such place, near each public entrance, stating WARNING: SOUND LEVELS
WITHIN MAY CAUSE PERMANENT HEARING IMPAIRMENT.
C.
Powered model vehicles: operating or permitting the
operation of powered model vehicles so as to create a noise disturbance
across a residential real property boundary or in a public space between
the hours of 8:00 p.m. and 8:00 a.m. the following day.
D.
Domestic power tools: operating or permitting the
operation of any mechanically powered saw, drill, sander, grinder,
lawn or garden tool, snowblower or similar device used outdoors in
residential areas between the hours of 10:00 p.m. and 7:00 a.m. the
following day so as to cause a noise disturbance across a residential
real property boundary.
A.
Motor vehicles and motorcycles on public rights-of-way.
No person shall operate or cause to be operated a public or private
motor vehicle or motorcycle on a public right-of-way at any time in
such a manner that the sound level emitted by the motor vehicle or
motorcycle exceeds the level set forth in Table 1.
|
Table 1 Motor Vehicle and Motorcycle Sound
Limits
(measured at 50 feet or 15 meters)
| |||
|---|---|---|---|
|
Sound Level in dBA
| |||
|
Vehicle Class
|
Speed Limit 35 mph or Less
|
Speed Limit Over 35 mph
|
Stationary Runup
|
|
Motor carrier vehicle engaged in interstate
commerce of GVWR or GCWR of 10,000 pounds or more
|
86
|
90
|
88
|
|
All other motor vehicles of GVWR or GCWR of
10,000 pounds or more
|
86
|
90
|
—
|
|
Any motorcycle
|
82
|
86
|
—
|
|
Any other motor vehicle or any combination of
vehicles towed by any motor vehicle
|
76
|
82
|
—
|
B.
Refuse collection vehicles. No person shall:
(1)
On or after 2 1/2 years following the effective
date of this chapter, operate or permit the operation of the compacting
mechanism of any motor vehicle which compacts refuse and which creates,
during the compacting cycle, a sound level in excess of 86 dBA when
measured at 50 feet or 15 meters from any point on the vehicle.
(2)
Operate or permit the operation of the compacting
mechanism of any motor vehicle which compacts refuse between the hours
of 8:00 p.m. and 6:00 a.m. the following day in a residential area.
(3)
Collect refuse with a refuse collection vehicle between
the hours of 8:00 p.m. and 6:00 a.m. the following day in a residential
area.
C.
Standing motor vehicles. No person shall operate or
permit the operation of any motor vehicle with a gross vehicle weight
rating (GVWR) in excess of 10,000 pounds, or any auxiliary equipment
attached to such a vehicle, for a period longer than 10 minutes in
any hour while the vehicle is stationary, for reasons other than traffic
congestion, 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.
Engine compression brake.
[Added 10-19-2016 by Ord.
No. 921]
(1)
ENGINE COMPRESSION BRAKE
NOISE BAFFLING DEVICE
PUBLIC SAFETY VEHICLE
Definitions. The following definitions shall apply to this subsection.
Any device that utilizes air compression and/or rapid release
of compressed air in the cylinders of engines to slow or retard vehicle
speed. Examples include, but are not limited to, Jacobs Engine Brake™,
also known as Jack Brake™ engine retarder; Pacbrake™ engine
brake; TecBrake™ engine brake; D-Celebrator™ diesel exhaust
brake; and similar devices that meet the definition.
A properly functioning muffler or engine exhaust silencer
that eliminates the offensive and disturbing noise caused by use of
engine compression brakes. The muffler or engine exhaust silencer
must reduce the noise to levels meeting vehicle noise emission standards
set or authorized by the Noise Control Act (42 U.S.C. § 4901
et seq.) and the United States Environmental Protection Agency, and
must also comply with all other federal, state or local laws and regulations
relating to vehicle noise levels.
Any vehicle operated by the Carneys Point Township Fire Department
or the Carneys Point Township Police Department, or any other emergency
vehicle operated by a state, county and/or local agency.
(2)
Use of engine compression brake prohibited. It shall be unlawful
for the operator of a motor vehicle to engage, or allow to be engaged,
operate or use an engine compression brake, or any similar mechanical
exhaust device designed to aid in the deceleration of any vehicle
which results in the emission of excessive and loud noise from the
vehicle, while the vehicle is operated on any public roadway within
the municipal limits of the Township of Carneys Point, County of Salem,
State of New Jersey.
No person shall operate or cause to be operated
any recreational motorized vehicle off a public right-of-way in such
a manner that the sound level emitted therefrom exceeds the limits
set forth in Table 2 at a distance of 50 feet [15 meters] or more
from the path of the vehicle when operated on a public space or at
or across the boundary of private property when operated on private
property. This section shall apply to all recreational motorized vehicles,
whether or not duly licensed or registered, including but not limited
to commercial or noncommercial racing vehicles, motor vehicles, motorcycles,
go-carts, snowmobiles, amphibious craft, campers and dune buggies,
but not including motorboats.
|
Table 2 Recreational Motorized Vehicle
Sound Limits
(measured at 50 feet or 15 meters)
| |
|---|---|
|
Vehicle Type
|
Sound Level
(dBA)
|
|
Snowmobile
| |
|
Unit manufactured before 1975
|
82
|
|
Unit manufactured after 1975
|
78
|
|
Motorcycle
| |
|
Unit manufactured before 1975
|
86
|
|
Unit manufactured after 1975
|
84
|
|
Any other vehicle
| |
|
Unit manufactured before 1975
|
84
|
|
Unit manufactured after 1975
|
80
|
The provisions of this chapter shall not apply
to the following:
A.
The emission of sound for the purpose of alerting
persons to the existence of a fire or other emergency within the boundary
of the Township.
B.
The emission of sound from a vehicle operated by the
Police Department, Fire Department or rescue squad of this Township.
C.
The emission of sound in the performance of emergency
work by public utilities and private businesses performing the functions
of public utilities, including but not limited to public utilities
and private businesses which provide natural gas and other fuels,
sewerage, water, electricity and telephone service to the residents
of the Township.
D.
The emission of sound in the performance of all necessary
activities in the supply of natural gas and other fuels, sewerage,
water, electricity and telephone to the residents of Carneys Point
Township by public utilities and private businesses performing the
functions of public utilities.
E.
The emission of any sound relating to the construction
and repair of public streets, roads and highways, provided that the
Carneys Point Township Committee, by resolution, approves in advance
the construction or repair project, the hours during which said project
is permitted and subject to any limitations or conditions as may be
imposed by said resolution.
[Added 5-24-2000 by Ord. No. 677]
This chapter shall apply to the control of all
sound originating within the limits of Carneys Point Township.
A.
Any person who violates any provision of this chapter
shall be fined for each offense not more than $100.
B.
Any person who willfully or knowingly violates any
provision of this chapter shall be fined for each offense a sum of
not less than $50 and not more than $200.
C.
Each day of violation of any provision of this chapter
shall constitute a separate offense.
This chapter may be cited as the "Noise Control
Ordinance of Carneys Point Township."
[Added 12-14-1994 by Ord. No. 573]
No person shall cause, suffer, allow or permit
excessive noise by the use, playing or operation of any electronic
sound system such as a radio, television, tape player, boom box, amplifier
or similar device that reproduces or amplifies sound under the following
conditions:
[Added 12-14-1994 by Ord. No. 573]
It shall be prima facie evidence that the noise
generated is excessive or that an electronic sound system has been
improperly used under either of the following circumstances:
