[HISTORY: Adopted by the Township Committee
of the Township of Hainesport 12-13-1994 by Ord. No. 1994-21-11. Amendments noted
where applicable.]
[Amended 11-28-2006 by Ord. No. 2006-12-10]
A.Â
It shall be unlawful for any person or entity to make,
continue or cause to be made or continued within the Township of Hainesport
any unreasonably loud and unnecessary noise (hereby declared to be
a nuisance), which noise annoys, disturbs, injures or endangers the
comfort, repose, health, peace or safety of others, with the exception
of the usual noises incident to civic or community-sponsored functions
such as celebrations of public events, fireworks and parades.
B.Â
Engine braking.
(1)Â
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 Hainesport, any
mechanical exhaust or decompression device which results in the practice
known as "engine braking."
(2)Â
Definition. "Engine braking" shall mean 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 vehicles.
(3)Â
Exceptions. The provisions of this subsection 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 health, safety and welfare of the
community, shall be exempt from the provisions of this subsection.
Sounds created by emergency equipment for emergency purposes shall
also be exempt.
(4)Â
Posting of signs. The Township is hereby authorized
to post at reasonable locations within the Township signs indicating
the prohibition of engine braking.
Where the creator of noise as defined above
cannot be determined or located, it shall be presumed that the owner
or, in the case of leased premises, the tenant in possession or other
person having control of the property from which the said noise has
emanated is responsible for the violation.
It shall be presumed that any noise louder than
the maximum volume limits imposed by the Noise Control Act of 1971
(N.J.S.A. 13:1G-1 et seq.) and the regulations promulgated pursuant
thereto (N.J.A.C. 7:29-1 et seq.) shall constitute a nuisance and
a violation of this chapter; however, exceeding the aforementioned
statutory and regulatory volume limits is not a necessary element
of the offense. An offense may be proved with or without reference
to the objective criteria set forth in the New Jersey Administrative
Code.
[Amended 5-23-2006 by Ord. No. 2006-5-4; 12-8-2020 by Ord. No. 2020-8]
