Township of Harding, NJ Chapter 258 Noise

[HISTORY: Adopted by the Township Committee of the Township of Harding 12-12-1967 by Ord. No. 3-67; amended in its entirety 9-10-1979 by Ord. No. 9-79 (Ch. 127 of the 1990 Code). Subsequent amendments noted where applicable.]

GENERAL REFERENCES

Animals — See Ch. 90.

Firearms and weapons — See Ch. 177.

Peace and good order — See Ch. 285.

Nuisances — See Ch. 417.

§ 258-1 Applicability.

This chapter shall apply to the control of all sound and vibration originating within the Township of Harding.

§ 258-2 Definitions and word usage.

A. All terminology used in this chapter not herein defined shall be construed in accordance with applicable standards set forth in publications of the American National Standards Institute (ANSI) or its successor body.

B. As used in this chapter, the following terms shall have the meanings indicated:

CONSTRUCTION

Any site preparation, assembly, erection, substantial repair, alteration or similar action, but excludes emergency work on public rights-of-way, structures, utilities or similar property.

DECIBEL (dB)

A dimensionless unit for measuring the volume of sound. It is the logarithm of the ratio of a measured quantity to a reference quantity. Noise measurements herein described shall be expressed in decibel units.

DEMOLITION

Any dismantling, intentional destruction or removal of structures, utilities, public or private rights-of-way or similar property.

EMERGENCY

Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage or obstruction of public roads or private driveways threatened or caused by an emergency.

EMERGENCY WORK

Any work performed for the purpose of preventing or alleviating property damage or maintaining open public roads or private driveways threatened or caused by an emergency.

EXCAVATION

The movement of land or material by other than hand tools.

HOURS

Prevailing time, Eastern standard time or daylight saving time.

IMPULSIVE SOUND

A sound of short duration, less than one second, with an abrupt onset and rapid decay. Examples of sources of impulsive sound include explosions, drop forge impacts and the discharge of firearms.

MOTORCYCLE

An unenclosed motor vehicle having a saddle for the use of the operator and two or three wheels in contact with the ground, including but not limited to motor scooters and minibikes.

MOTOR VEHICLE

Any vehicle which is propelled or drawn on land by a motor, such as but not limited to passenger cars, trucks, truck-trailers, semitrailers, campers, carts, snowmobiles, amphibious craft on land, dune buggies or racing vehicles, but not including motorcycles.

MUFFLER or SOUND-DISSIPATIVE DEVICE

A device for abating the sound of escaping gases of an internal combustion engine.[1]

[1] Editor's Note: The definitions of "Noise Control Officer," "noise disturbance," "sound-level meter," "sound level (noise level)," and "sound pressure level," which immediately followed this definition, were deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 258-3 Prohibited acts.

No person shall make, continue or cause to be made or continued any loud, unnecessary or unusual noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others within the Township.

§ 258-4 Enumeration of prohibited acts.

The following acts are declared to be loud, disturbing and unnecessary noise in violation of this chapter, but this enumeration shall not be deemed to be exclusive or in any way limiting or affecting the provisions of § 258-3:

A. Noise associated with motor vehicles.

(1) Horns: the sounding of any horn or warning device on any motor vehicle, except when required by law or when necessary to give timely warning of the approach of the motor vehicle or of impending danger created by the motor vehicle; the sounding of any horn or warning device on any motor vehicle which emits an unreasonably loud or harsh sound; the sounding of any horn or warning device on any motor vehicle for any unnecessary or unreasonable period of time.

(2) Mufflers: the operating of a motor vehicle unless it is equipped with a muffler or other sound-dissipative device in good working order and in constant operation, which muffler or device effectively prevents loud or explosive noises from the motor vehicle and, regardless of where operated, meets any and all requirements of law applicable to the motor vehicle.

(3) Commercial transport: the making of excessive, unnecessary and avoidable noises in the operation of any motor vehicle.

(4) Loading and unloading: creating loud, excessive and unnecessary noise in connection with the loading or unloading of any motor vehicle or in the opening or destruction of bales, crates or containers delivered by any motor vehicle.

(5) Refuse collection: collecting, loading or transporting garbage, trash, cans, bottles or other refuse by persons engaged in the business of garbage or refuse collection, whether private or municipal, at any time on Sundays or any time other than between the hours of 7:00 a.m. and 7:00 p.m. on any other days.

(6) Miscellaneous night noises: the warming up or idling of any motor vehicle, and the unnecessary and repeated idling, acceleration and deceleration or starting and stopping of any motor vehicle, between the hours of 11:30 p.m. and 7:00 am.

B. Construction or demolition work: the carrying on of any construction or demolition work at any time on Sundays, or at any time other than between the hours of 7:00 a.m. and 7:00 p.m. The provisions of this subsection shall not apply to interior or exterior repairs or interior alterations when the work is actually performed entirely by a homeowner or occupant between the hours of 7:00 a.m. and 10:00 p.m., provided that the work is done without creating any noise disturbance across a residential real property boundary. The provisions of this subsection shall not apply to specific construction work in case of an emergency, provided that any such emergency is based upon a finding that the public health and safety will be impaired unless specific work is performed during the time prohibited by this subsection.

C. Domestic power tools: except for emergency work, operating any mechanically powered saw, drill, sander, grinder, lawn or garden tool, snowblower or similar device outdoors in residential areas at any time other than between the hours of 7:00 a.m. and 10:00 p.m.

D. Motors, engines, fans and pumps: except for emergency work, operating any motors, engines, fans, blowers or pumps, including, by way of example but not limitation, air-conditioning systems, compression devices and pool-filtering systems, which create a noise disturbance across a residential real property boundary or within a noise-sensitive zone.

E. Amplifiers, loudspeakers, radios, television sets, musical instruments and similar devices: using or operating, either indoors or in any vehicle, any amplifier, loudspeaker, radio receiving set, television set, musical instrument, phonograph, tape recorder or other equipment or device for the producing, reproduction or amplification of sound at any time with a volume louder than is necessary for the convenient hearing of persons who are in the room or vehicle where such equipment or device is operated and who are voluntary listeners thereto. The use or operation of any such equipment or device between the hours of 11:00 p.m. and 8:00 a.m. in such manner as to be plainly audible at a distance of 100 feet from the building or vehicle in which it is located or through a dwelling unit partition wall of a multifamily structure shall be prima facie evidence of a violation of this subsection. None of the equipment, instruments or devices hereinabove mentioned shall be used outdoors at any time in a manner that will create any noise disturbance across a residential real property boundary unless such operation is in connection with a public or other special event authorized by the Township Committee and such operation and use is in accordance with the specific terms and conditions set forth in the authorization.

F. Sounds by humans: yelling, shouting, hooting, whistling, singing or the use of fireworks or firearms or the creation of other impulsive sounds on the public streets or within residential areas or noise-sensitive zones between the hours of 11:00 p.m. and 8:00 a.m.

G. Animal and bird sounds: owning, keeping, possessing or harboring any dog or other animal or bird which frequently or for continued periods barks, howls, cries or squawks when such sounds are plainly audible beyond the limits of the property upon which the animal or bird is kept.[1]

[1] Editor's Note: Original § 127-5, Maximum sound pressure levels, which immediately followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 258-5 Exceptions.

The provisions of this chapter shall not apply to any of the following:

A. The emission of sound for the purpose of alerting persons to the existence of any emergency.

B. Church bells or chimes.

C. Celebrations and parades scheduled by a governmental entity.

D. Any activity exempt from the provisions of local control by state or federal law.

E. The emergency use of chain saws or other mechanized equipment in the interest of public health and safety.

§ 258-6 Enforcement. [1]

The provisions of this chapter are enforceable by members of the Police Department of the Township of Harding.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).