[HISTORY: Adopted by the City Council of the City of Vineland 12-29-1953 by Ord. No. 102; amended in its entirety 10-9-2001 by Ord. No. 2001-74 (Ch. 322 of the 1990 Code). Subsequent amendments noted where applicable.]
The terms in this chapter shall be defined as follows:
- MOTOR VEHICLE
- Any vehicle designed for transportation of persons or property
and propelled by an internal-combustion engine or other type engine,
including electrically assisted bicycles and similar devices.[Added 5-10-2011 by Ord. No. 2011-19]
- Includes any individual, corporation, firm, association, club or partnership.
- PLAINLY AUDIBLE
- Any sound that can be detected by a person using unaided hearing faculties at a distance of 25 feet from the sound source. For 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. A law enforcement officer need not determine the title, specific words or artist performing the song.
[Amended 5-10-2011 by Ord. No. 2011-19]
No person shall play, use, operate or permit to be played, used or operated any radio, television, phonograph, jukebox, musical instrument or other device for the production or reproduction of sound with louder volume than is necessary and convenient for the hearing of the person so playing, using or operating such instrument or device and such persons who are voluntary listeners thereto or in such a manner as to disturb the peace, quiet and comfort of neighboring inhabitants. The use or operation of any such radio, television, phonograph, jukebox, musical instrument or other device between the hours of 10:00 p.m. and 7:00 a.m. that is plainly audible shall be prima facie evidence of a violation of this chapter.
Nothing herein shall be construed to prohibit a musical band or orchestra from performing in an authorized parade during a City-sponsored, community-sponsored or religious-sponsored event or during any lawful activity subject to the provisions of this chapter.
State noise control laws and regulations apply where appropriate.
No person, in an attempt to advertise or attract public attention, shall sound, play, operate or permit to be sounded, played or operated any radio, television, receiving set, musical instrument, jukebox, phonograph, loudspeaker, sound amplifier, sound truck or other machine or device that produces or reproduces sound that is plainly audible in any public space, public right-of-way or adjacent neighboring premises, unless a permit has been obtained from the Police Department or as provided in another City ordinance.
No person shall, from Monday through Saturday between the hours of 6:00 p.m. and 7:00 a.m. or on Sunday, in conducting any excavation, demolition, erection, alteration, repair or other building operation within 1,000 feet of any dwelling or business property, operate or use any steam shovels, tractors, excavators, pneumatic hammers, pile drivers, derricks, steam or electric hoists or any tools or equipment which shall make any plainly audible noise, except in cases of urgent necessity in the interests of public safety, and then only upon obtaining a permit from the Building Inspector.
No person shall create any plainly audible noise in connection with the loading or unloading of any vehicle or the opening or destruction of any bales, boxes, crates or other containers between the hours of 8:00 p.m. and 6:00 a.m.
No person shall create any plainly audible noise that is on any public space or public right-of-way adjacent to any school, hospital, library, house of worship, senior citizen center or any other area designated by City Council which unreasonably interferes with the workings of such institutions.
No person shall create any plainly audible noise that disturbs the peace, quiet and comfort of the neighboring inhabitants or persons in any public space or public right-of-way. Furthermore, noise of such character, intensity or duration detrimental to the life or health of any individual is prohibited.
This chapter shall not apply to the normal operation of any plant, factory or industry engaged in the business of manufacturing, processing of food or other industrial or commercial operation.