[HISTORY: Adopted by the Mayor and Council
of the Borough of Folsom 5-10-1984 by Ord. No. 170. Amendments noted where
applicable.]
It is hereby found and declared that it is the
public policy of the Borough of Folsom to significantly reduce the
ambient noise level in the Borough of Folsom, so as to foster and
protect the public health, comfort, safety and welfare of its citizens.
As a matter of legislative determination and public policy, the provisions,
regulations and prohibitions of this chapter are in pursuance of and
for the purpose of securing and promoting the comfort, peace and quiet
to which the residents of the Borough of Folsom are entitled.
No person shall make, continue or cause to permit
to be made or continued any unnecessary noise.
A.
Unless exempted under the provision of this chapter,
no person shall cause to be made, directly or indirectly, any loud
noise which disturbs, injures or endangers the health, comfort, safety
or welfare of others within the Borough of Folsom.
B.
The following specific acts are declared to be loud,
disturbing, and unnecessary noises in violation of this chapter, but
said enumeration shall not be deemed to be exclusive:
(1)
Horns, signaling devices, etc. The sounding of any
horn or signaling device on any automobile, motorcycle, bus, truck
or other vehicle on any street, road or public or private place (except
as a warning, pursuant to the provisions of N.J.S.A. 39:3-69). Whistle
or other device operated by engine exhaust, and the use of any such
signaling device when traffic is held up for any reason.
(2)
Radio and television sets, phonographs, etc. The use
of radio or television receiving sets, musical instruments, phonographs
or any other machine or device for the producing or reproducing of
sound in such manner as to disturb the peace, quiet and comfort of
the neighboring inhabitants or, at any time, with volume louder than
is necessary for the convenient hearing of the person or persons who
are in the room or vehicle in which such machine or device is operated
and who are voluntary listeners thereto. The operation of any such
device between the hours of 11:00 p.m. and 7:00 a.m. in such a manner
as to be plainly audible at a distance of 50 feet from the building,
structure, or vehicle in which it is located, or in the case of such
instruments operated in the open, at a distance of 50 feet from the
instrument, shall create a rebuttable presumption of a violation of
this section.
(3)
Loudspeakers, amplifiers for advertising. The use
of any radio receiving set, musical instrument, phonograph, loudspeakers,
sound amplifier or other machine or device for the producing or reproducing
of sound which is cast upon the public streets for the purpose of
commercial advertising.
(4)
Hawkers, peddlers. The shouting and crying of peddlers,
hawkers and vendors which disturb the peace and quiet of the neighborhood.
(5)
Schools, courts, churches. The creation of any excessive
noise adjacent to any schools, institution of learning, house of worship
or judicial court while the same are in use, provided that the conspicuous
signs are displayed on the adjacent streets indicating that the same
is a school, church, or court street.
(6)
Drums, bells and the like. The use of any drum, bell,
horn, loudspeaker or other instrument or device for the purpose of
attracting attention to any performance, show or sale or the display
of merchandise by any creation of noise or sound.
(7)
Mobile loudspeakers. The use of mechanical loudspeakers
or amplifiers on vehicles or aircraft for commercial advertising purposes.
(8)
Yelling, shouting and the like in public streets.
Yelling, shouting, hooting, whistling, or singing on the public streets
at any time or place so as to annoy or disturb 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.
(9)
Yelling, shouting and the like in private residences.
Yelling, shouting, hooting, whistling or singing in private residences
or places in such manner as to disturb the peace, quiet and comfort
of the neighboring inhabitants. Any voluntary participant in such
conduct, which creates, in whole or in part, the proscribed conduct
shall be a violation of this section to the same degree as the actual
perpetrator. Yelling, shouting, hooting, whistling or singing between
the hours of 11:00 p.m. and 7:00 a.m. in such a manner as to be plainly
audible at a distance of 50 feet from the private residence or place
shall create a rebuttable presumption of a violation of this section.
(10)
Commercial establishments. Maintaining a commercial
establishment from which loud noises emanate as a result of mechanical,
musical devices, live entertainment or patrons. A rebuttable presumption
of a violation of this section shall be created if the noise is plainly
audible at a distance of 100 feet from the place where it emanates
between the hours of 11:00 p.m. and 7:00 a.m.
(11)
No person shall operate or cause to be operated
on private property any source of sound in such manner as to create
a sound level which exceeds 65 dBA from 7:00 a.m. to 11:00 p.m. and/or
50 dBA from 11:00 p.m. to 7:00 a.m. when measured at or within the
property boundary of the receiving land use.
(12)
Engine compression brakes.
[Added 6-12-2013 by Ord. No. 05-2013]
(a)
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 within the Borough of Folsom. An “engine compression
brake” shall mean any device that utilizes air compression and/or
rapid release of compressed air in the cylinders of engines to allow
or retard vehicle speed. Examples include, but are not limited to,
Jacobs Engine Brake®, also known as Jake brake® engine retarder;
Pacbrake® engine brake; TecBrakeTM engine
brake; D-Celeterator® diesel exhaust brake; and similar devices
that meet the definition. Its prohibition does not apply to any of
the following:
(b)
Appropriate traffic control signs shall be posted within the Borough
at appropriate locations advising motor vehicle operators of this
prohibition.
The prohibitions contained in this chapter shall
not apply to persons:
A.
Who are engaged in the performance of any public or
governmental function, such as the sounding of a church or school
bell or a police, fire, ambulance, air raid or like disaster warning,
alert or alarm, whether such alarm be for an actual emergency purpose
or for practice or drilling purposes.
B.
Who are engaged in religious, charitable, recreational,
civic or political activity by means of a sound truck or other amplifying
device for nonprofit purposes, provided that such persons shall have
first obtained a permit from the Borough of Folsom, upon written application,
setting forth the sponsorship, date, hours and routes of such activity.
The Borough Council shall issue such permit unless, having considered
the date, time and route, it shall determine that the noise created
by such activity shall cause undue discomfort to the public.
C.
Who are engaged in any activity specifically permitted
or required by any ordinance, resolution, statute or governmental
regulation.
D.
Persons employed by public utility companies engaged
in emergency repair service; provided, however, that such noise does
not exceed levels reasonably necessary to accomplish such work.
A.
Any person, firm or corporation violating any provision
of this chapter shall, upon conviction, be subject to a fine not exceeding
$1,250, a term of imprisonment not exceeding 90 days or a period of
community service not exceeding 90 days, or any combination thereof.[1]
B.
The Municipal Court of the Borough of Folsom shall
have jurisdiction over this chapter.
