[HISTORY: Adopted by the Board of Commissioners of the Borough of Longport 9-7-2005 by Ord. No. 2005-09. Amendments noted where applicable.]
Editor's Note: This ordinance also repealed former Ch. 116, Noise and Vibration, adopted 1-6-1993 by Ord. No. 92-15, as amended.
It is hereby found and declared that it is the public policy of the Borough of Longport to significantly reduce the ambient noise, vibration, fume, odor and glare levels in the Borough of Longport, 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 Longport are entitled.
As used in this chapter:
All acoustical words and terms shall have the meanings set forth in the publication of the American National Standards Institute, New York, New York, entitled "Acoustical Terminology," USASI SL 1-1960.
All equipment used in making acoustical measurements shall meet or exceed the requirements set forth in the publication of said Institute, entitled "Specification for General Purpose Sound Level Meters," USASI SL 4-1961.
All such measurements so made shall be made in full accordance with the methods and procedures set forth in USASI SL 2-1962, entitled "Methods for the Physical Measurement of Sound."
The following terms shall have the meanings indicated:
- Any work done pursuant to a building permit or for which a building permit should have been issued.
- FUMES AND ODORS
- Any fumes or odors caused by engines or other sources, including diesel and restaurant exhausts and the like.
- Any vehicle which is primarily operated on water or which does operate on water, such as boats, barges, amphibious craft or Hovercraft, and which is propelled by mechanical power.
- REAL PROPERTY BOUNDARY
- Any imaginary line along the ground surface and its vertical extension, which separates the real property owned by one person from that owned by another person, but not including intrabuilding real property divisions.
- SOUND LEVEL
- The weighted sound-pressure level obtained by the use of a sound-level meter and frequency weighting network, such as A, B or C, as specified in American National Standards Institute specifications for sound-level meters (ANSI SL 4-1971, or the latest approved revision thereof). If the frequency weighting employed is not indicated, the A-weighting shall apply.
It shall be unlawful for a person to make, continue or cause to be made or continued any unreasonable noise, vibration, fume, odor or glare of such character, intensity or duration as to be detrimental to the life, health or welfare of any individual or which annoys, disturbs, injures or endangers the comfort, repose, peace or safety of any individual.
The following specific acts are declared to be loud, disturbing and unreasonable noise, odor, fume, and glare in violation of this chapter, but said enumeration shall not be deemed to be exclusive:
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 place, except as a warning permitted by the motor vehicle laws, whistle or other device operated by engine exhaust and the use of any such signaling device when traffic is held up for any reason.
Radio and television sets, phonographs, etc.: the use of radio or television receiving sets, musical instruments, phonographs or any other machines or devices for the producing or reproducing of sound in such a manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or visitors to the Borough or its beaches at any time, with volume louder than is necessary for convenient hearing of the person or persons who are in the room or vehicle or on the street or beach in or on which such machine or device is operated and who are voluntary listeners thereto. The operation of any such device in such a manner as to be plainly audible at a distance of 50 feet from the building, structure, vehicle or place 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 be prima facie evidence of a violation of this section.
Loudspeakers and amplifiers for advertising: the use of any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purposes of commercial advertising.
Animals, birds, etc.: the keeping of any animal or bird which, by causing frequent or long-continued noise, disturbs the comfort, repose, peace or quiet of persons residing in the vicinity.
Exhaust: the discharge into the open air of the exhaust of any internal-combustion engine except through an adequate muffler or other device which will effectively prevent loud or explosive noises therefrom. This restriction includes by way of example and not by way of limitation internal-combustion engines powering motor vehicles, motorcycles, motorboats, watercraft, vessels, chain saws and lawn mowers.
Loading and unloading: the creation of a loud and excessive noise in connection with loading and unloading any vehicle or the opening or destruction of bales, boxes, crates and containers.
Construction or repairing of buildings: Three rules and an emergency exception apply to the erection (including excavation), demolition, alteration or repair of any buildings.
Year-round rule: Construction shall be permitted Monday through Friday throughout the year between the hours of 8:00 a.m. and 6:00 p.m. No construction shall be permitted on Sundays or the following holidays: New Year's Day; Memorial Day weekend (Saturday, Sunday and Monday); July 4 (If July 4 falls on a Monday or Friday, then Saturday is also a prohibited day.); Labor Day weekend (Saturday, Sunday and Monday); Thanksgiving Day; Christmas Day.
[Amended 12-18-2013 by Ord. No. 2013-24]
Summer Saturday rule: Saturday construction shall be permitted during the period June 15 to September 15, between the hours of 9:00 a.m. and 4:00 p.m. strictly, provided that no courtesy parking shall be permitted and all vehicles must be parked in a legal parking space; and construction noise shall not disturb neighboring property owners or residents.
Winter Saturday rule: Saturday construction shall be permitted during the period September 16 to June 14 between the hours of 8:30 a.m. and 4:30 p.m., and courtesy construction parking may be permitted on one side of the street only.
Emergency exception: in the case of urgent necessity in the interest of public health and safety, and then only with a permit from the Construction Code Official, which permit may be granted for a period not to exceed three days while the emergency continues and which permit may be renewed for a period of three days or less while the emergency continues or except as otherwise directed by the Police Department.
Blowers, fans and pumps: the use of any blower, fan or pump engine or motor in connection therewith, including, by way example and not by way of limitation, air-conditioning systems, compression devices and pool filter systems, if such use creates loud, penetrating or continuous noises that disturb the comfort or repose of persons residing in the vicinity.
Schools, courts, churches and hospitals: the creation of any excessive noise adjacent to any school, institution of learning, house of worship or judicial court while the same is in use, or adjacent to any hospital, which unreasonably interferes with the workings of such institutions or which disturbs or unduly annoys patients in the hospital, provided that conspicuous signs are displayed on the adjacent streets indicating that the same is a school, hospital, church or court street.
Hawkers and peddlers: the shouting and crying of peddlers, hawkers and vendors which disturbs the peace and quiet of the neighborhood.
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.
Mobile loudspeakers: the use of mechanical loudspeakers or amplifiers on vehicles or aircraft for commercial advertising purposes.
Yelling, shouting and the like: 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.
Lawn mowers and chain saws: the use of lawn mowers and chain saws, powered by internal-combustion engines, between the hours of 9:00 p.m. and 8:00 a.m.
Motorboats, vessels or watercraft: operating or permitting the operation of any motorboat, vessel or watercraft in any lake, river, stream or other waterway in such a manner as to exceed the sound level of 50 dBA at 50 feet (15 meters) or the nearest shoreline, whichever distance is less.
Exhausts of fumes and odors: operating any diesel engine for more than three minutes at idle, or for more than three minutes in a 500-foot radius in the case of a floating vessel, or allowing the emission of obnoxious odors or fumes to be released into the atmosphere for more than a three-minute duration. Should any law or regulation be more restrictive regarding the emission of fumes and odors, such law or regulation shall apply.
Power washing: operating a power washing unit at any time which creates loud, disturbing or unreasonable noise or, if a commercial user, operating a power washer on Sundays.
Glare: creating any glare or light washover from a light source to another or receiving property whenever the light-emitting element such as the bulb is visible at any location of the other or receiving property.
If any person who is not exempted under the provisions of this chapter shall cause to be made any of the noises generally or specifically prohibited under this section, and if the noise shall be proved to be in violation of the sound levels prescribed under § 116-5 below, said proof shall be sufficient to provide a presumptive violation under this chapter.
If acoustical sound equipment is utilized and the measured sound level exceeds the sound level limits set forth for the receiving land use category in the following table when measured at or within the property boundary of the receiving land use, a presumptive violation of this noise ordinance shall be proven.
The prohibitions contained in this chapter shall not apply to persons:
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 is for an actual emergency purpose or for practice or drilling purposes.
Who are engaged in a 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 Longport, upon written application, setting forth the sponsorship, date, hours and routes of such activity. The Board of Commissioners shall not issue such permit unless, having considered the date, time and route, it shall determine that the noise created by such activity shall not cause undue discomfort to the public.
Who are engaged in any activity specifically permitted or required by any ordinance, resolution, statute or governmental regulation.
Employed by public utility companies engaged in emergency repair services between the hours of 6:00 p.m. and 8:00 a.m.; provided, however, that such noise does not exceed levels reasonably necessary to accomplish such work.
The governing body of the Borough of Longport may, by adoption of a resolution, establish modified hours of construction or variances from such regulations and the time limitations for such exception as contained within this chapter for publicly funded construction projects.
[Added 7-19-2017 by Ord. No. 2017-18]
To the extent that the application of any law or regulation of the State of New Jersey or of the United States is more protective of the public from ambient noise, vibration, fumes and odor levels, such laws or regulations shall apply.
Any person who shall violate any of the provisions of this chapter or any order promulgated hereunder shall, upon conviction, be punished by a fine not to exceed $1,000 or by imprisonment in the county jail for a period not to exceed 90 days, or by both such fine and imprisonment. Each violation of any of the provisions of this chapter and each day that such violation shall continue shall be deemed to be a separate and distinct offense.