[HISTORY: Adopted by the Township Committee of the Township of Little Egg Harbor 11-9-2023 by Ord. No. 2023-35.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 242, Noise, adopted 5-10-2007 by Ord. No. 2007-08.
The purpose of this chapter is to limit excessive sound and vibration that may jeopardize the health, safety or welfare or degrade the quality of life.
It shall be unlawful for any person to make, continue or cause to be made or continued any unreasonably loud, unnecessary or unusual noise which either unreasonably disturbs or endangers the comfort, repose, health, peace or safety of others within the limits of the Township.
A. 
The following acts are hereby declared to be examples of unlawful noise that annoy, disturb, injure, or endanger the comfort, repose, health, peace or safety of others and are in violation of this chapter:
(1) 
Radios; televisions; phonographs. The using, operating or permitting to be played, used or operated any radio receiving set, television, musical instrument, phonograph or other machine or device for the producing or reproducing of sound at any time, in such manner as to disturb the peace, quiet and comfort of neighboring inhabitants [including neighboring inhabitants in attached residential units sharing a common wall(s)]. The operation of any such set, instrument, phonograph, machine or device between the hours of 10:00 p.m. and 8:00 a.m. in such manner as to be plainly audible at a distance of 50 feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this chapter.
(2) 
Yelling; shouting. Yelling, shouting, hooting, whistling or singing on the public streets, particularly between the hours of 10:00 p.m. and 7:00 a.m., or 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.
(3) 
Animals; birds. The keeping of any animals or birds which, by causing frequent or long-continued noise, disturbs the comfort or repose of any person in the vicinity.
(4) 
Horns. The sounding of any horn or warning device on any automobile, motorcycle, bus or other vehicle except when required by law or when necessary to give timely warning of the approach of the vehicle or as a warning of impending danger to persons driving other vehicles or to persons upon the street. No person shall sound any horn or warning device on any automobile, motorcycle, bus or other vehicle which emits an unreasonably loud or harsh sound or for any unreasonable period of time.
(5) 
Exhaust. The discharge into the open air of the exhaust/engine noise of any engine, stationary internal-combustion engine or motor vehicle or motorcycle except through a muffler or other device which effectively prevents loud or explosive noises therefrom.
(6) 
Construction, landscaping, or lawn-cutting activities. In no event shall construction, landscaping or lawn-cutting activities occur except between the hours of 7:00 a.m. and 6:00 p.m., Monday through Friday, and between the hours of 9:00 a.m. and 6:00 p.m. on Saturday, Sunday or any state or federal holiday.
(a) 
Construction, landscaping, or lawn-cutting activities within the meaning of this chapter shall include, but are not limited to, any excavation, demolition, construction, repair, alteration, landscaping, or lawn-cutting work and work performed by plumbing, electrical, landscaping, carpentry, masonry, tile, pool installation and painting contractors. "Landscaping or lawn-cutting activities" shall include, but not be limited to, the use or operation of power lawn mowers, leaf blowers, and any noise-creating blower or power fan or any internal-combustion engine, the operation of which causes noise due to the explosion of operating gases or fluids.
(7) 
Defect/modification in vehicle or load. The use of any automobile, motorcycle or vehicle so out of repair, so loaded or specifically modified in such manner as to create loud and unnecessary grating, grinding, rattling, combustion or other noise.
(8) 
Schools; courts; churches. The creation of any excessive noise on any street adjacent to any school, institution of learning, church or court while the same is in use, or which unreasonably interferes with the working of such institution, provided that conspicuous signs are displayed in such street indicating that the same is a school, hospital or court street.
B. 
The above enumeration is intended to give typical illustrations of noise prohibited pursuant to this chapter and shall not be construed as exclusive.
The following are exempt from the noise regulations contained herein.
A. 
Sounds from any municipality-sponsored or -approved celebrations or events.
B. 
Sounds from any police, fire, ambulance or other emergency vehicles in the discharge of their official duties, garbage trucks or such other vehicles used for the removal of residential or commercial garbage, together with the removal of snow and ice from Township and county roadways and from residential, commercial and office properties located within the Township.
C. 
Sounds emanating from the performance of any municipal, county or state generators, construction, or improvements project(s).
D. 
Sound from bells and chimes when a part of religious observance or service.
E. 
Sound emanating from approved commercial activities as reasonably anticipated in the regular course of business operating under any conditions of approval of the Township Planning Board or Zoning Board of Adjustment, or any other state or county regulations.
A. 
Any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be punishable by a fine of no less than $100 and no more than $2,000, by imprisonment not to exceed 90 days, or by community service of not more than 90 days, or any combination of fine, imprisonment and community service, as determined in the discretion of the Municipal Court Judge. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
B. 
The violation of any provision of this chapter shall be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.