[Adopted 3-11-1998 by Ord. No. 98-08]
The following words and terms, when used in
this article, shall have the following meanings, unless the context
clearly indicates otherwise. Terms not defined in this article have
the same meaning as those defined in N.J.A.C. 7:29.
CONSTRUCTION
Any site preparation, assembly, erection, repair, alteration
or similar action, including demolition of buildings or structures.
DEMOLITION
Any dismantling, destruction or removal of buildings, structures
or roadways.
DEPARTMENT
The New Jersey Department of Environmental Protection.
EMERGENCY WORK
Any work or action necessary to deliver essential public
services including, but not limited to, repairing water, gas, electricity,
telephone, sewer facilities, or public transportation facilities,
removing fallen trees on public rights-of-way, dredging navigational
waterways, or abating life-threatening conditions.
IMPULSIVE SOUND
Either a single pressure peak or a single burst (multiple
pressure peaks) that has a duration of less than one second.
MOTOR VEHICLE
Any vehicle that is propelled other than by human or animal
power on land.
MUFFLER
A properly functioning sound-dissipative device or system
for abating the sound of escaping gasses on equipment where such a
device is part of the normal configuration of the equipment.
MULTIDWELLING UNIT BUILDING
Any building comprising two or more dwelling units, including
but not limited to apartments, condominiums, co-ops, multiple-family
houses, townhouses and attached residences.
MULTI-USE PROPERTY
Any distinct parcel of land that is used for more than one
category of activity. Examples include, but are not limited to:
A.
A commercial, residential, industrial or public
service property having boilers, incinerators, elevators, automatic
garage doors, air conditioners, laundry rooms, utility provisions,
or health and recreational facilities, or other similar devices or
areas, either in the interior or on the exterior of the building,
which may be a source of elevated sound levels at another category
on the same distinct parcel of land; or
B.
A building which is both commercial (usually
on the ground floor) and residential property located above, behind,
below or adjacent.
NOISE CONTROL OFFICER
The Township Health Officer, or his representative, who has
lead responsibility for the enforcement and administration of this
article.
PLAINLY AUDIBLE
Any sound that can be detected by a person using his or her
unaided hearing faculties. As an example, if the sound source under
investigation is a portable or personal vehicular sound amplification
or reproduction device, the detection of the rhythmic bass component
of the music is sufficient to verify plainly audible sound. The Noise
Control Officer need not determine the title, specific words or the
artist performing the song.
PRIVATE RIGHT-OF-WAY
Any street, avenue, boulevard, road, highway, sidewalk, alley
or easement that is owned, leased or controlled by a nongovernmental
entity.
PUBLIC RIGHT-OF-WAY
Any street, avenue, boulevard, road, highway, sidewalk, alley
or easement that is owned, leased or controlled by a governmental
entity.
PUBLIC SPACE
Any real property or structures thereon that are owned, leased
or controlled by a governmental entity.
REAL PROPERTY LINE
Either the imaginary line including its vertical extension
that separates one parcel of real property from another; the vertical
and horizontal boundaries of a dwelling unit that is part of a multidwelling
unit building; or (c) on a multi-use property, the interface between
the two portions of the property on which different categories of
activity are being performed (e.g., if the multi-use property is a
building which is residential upstairs and commercial downstairs,
then the real property line would be the interface between the residential
area and the commercial area).
WEEKDAY
Any day that is not a federal holiday, and beginning on Monday
at 7:00 a.m. and ending on the following Friday at 6:00 p.m.
WEEKENDS
Beginning on Friday at 6:00 p.m. and ending on the following
Monday at 7:00 a.m.
[Adopted 8-26-1998 by Ord. No. 98-23]
It shall be unlawful for a person to make, continue
or cause to be made or continued any loud or unnecessary or unusual
noise or any noise which does or is likely to disturb, annoy, injure
or endanger the comfort, proposed health, public peace or safety of
others.
Without intending to limit the generality of §
155-9, the following acts are hereby declared to be examples of loud and disturbing and unnecessary noise in violation of this article.
A. Radios, televisions and other music and noise devices.
The playing, use or operation of any radio, television, musical instrument,
phonograph 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, vehicle or
chamber in which the machine or device is operated and who are voluntary
listeners. The operation of such a set, instrument, phonograph, machine
or device between the hours of 11:00 p.m. and 8:00 a.m., so that it
is clearly audible at a distance of 100 feet or more from the building
or structure or vehicle in which it is located shall be a prima facie
evidence of violation of this section.
B. Yelling, shouting, etc. Yelling, shouting, hooting
or whistling or singing on the public streets, particularly between
the hours of 11:00 p.m. and 8:00 a.m. or at any time or place, which
annoys, disturbs the quiet comfort or peace of persons in any office,
dwelling, hotel, motel, school or other type of residence or school
or any person in the vicinity.
C. Animals and birds. Keeping of animals and birds which
by causing frequent and long continuing noise disturbs the comfort
or repose of any person in the vicinity; but nothing herein contained
is intended to apply to a dog pound or kennel licensed pursuant to
law.
D. Horns. The sounding of a horn or warning device on
an automobile, motorcycle, bus or other vehicle, except when required
by law or necessary to give timely warning of an approaching vehicle
or as a warning of an impending danger to the person 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 unusually loud or harsh sound for an unnecessary or
unreasonable period of time.
E. Exhaust. Discharge into the open air of 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.
F. Defect of vehicle on road. The use of an automobile,
motorcycle or vehicle so out of repair so that it creates loud and
unnecessary grating, clanging or rattling or other noise.
G. Schools, courts, churches, hospitals. The creation
of excessive noise on the street adjacent to a school, institution
of learning, church or court while in use or adjacent to a hospital
which reasonably interferes with the working of the institution which
disturbs unduly and annoys patients in the hospital, provided that
conspicuous signs are displayed in such street indicating that it
is a school or hospital or court street. The above enumerations are
intended to give typical illustrations of prohibited disturbances
and shall not be construed as exclusive.
Nothing herein contained shall be construed
to apply to:
A. Use of bells, chimes or sound amplifiers by churches
engaged in church activity.
B. Activities of municipal departments and performance
of their duties, drills or public demonstrations.
C. Activities in public parks, playgrounds or public
buildings under permission or authority of the municipal officials.
D. Playing by a band or orchestra in a hall or building
or open area where duly authorized.