[HISTORY: Adopted by the Township Committee of the Township
of Buena Vista as indicated in article histories. Amendments noted
where applicable.]
[Adopted 10-13-1998 by Ord. No. 14-1998 (Ch. 74, Art. I, of
the 1993 Code)]
It is hereby found and declared that it is the public policy
of the Township of Buena Vista to significantly reduce the ambient
noise level in the Township of Buena Vista 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 article are in pursuit of and
for the purpose of securing and promoting the comfort, peace and quiet
to which the residents of the Township of Buena Vista are entitled.
No person shall make, continue or cause to permit to be made
or continued any unnecessary noise.
A.
Unless exempted under the provisions of this article, no person shall
cause to be made, directly or indirectly, any loud noise which disturbs,
injures or endangers the health, comfort, safety or welfare of others
within the Township of Buena Vista.
B.
The following specific acts are declared to be loud, disturbing and
unnecessary noises in violation of this article, but said enumeration
shall not be deemed to be exclusive:
(1)
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 or private place (except as a warning,
pursuant to the provisions of N.J.S.A. 39:3-69), whistles or other
devices operated by engine exhaust and the use of any such signaling
device when traffic is held up for any reason.
(2)
Radio and television sets, etc. The use of radio or television receiving
sets, musical instruments, phonographs or any other machine or device
for the producing or reproducing of sound in such manner as to disturb
the peace, quiet and comfort of the neighboring inhabitants, or, at
any time, with volume louder than is necessary for the convenient
hearing of the person or persons who are in the room or vehicle in
which such machine or device is operated and who are voluntary listeners
thereto. The operation of any such device between the hours of 11:00
p.m. and 7:00 a.m. in such a manner as to be plainly audible at a
distance of 50 feet from the building, structure or vehicle 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 create a rebuttable
presumption of a violation of this section.
(3)
Loudspeakers, 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 purpose of commercial
advertising.
(4)
Hawkers, peddlers. The shouting and crying of peddlers, hawkers and
vendors which disturb the peace and quiet of the neighborhood.
(5)
Schools, courts, churches. The creation of any excessive noise adjacent
to any school, institution of learning, house of worship or judicial
court while the same are in use, provided that the conspicuous signs
are displayed on the adjacent streets indicating that the same is
a school, church or court street.
(6)
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.
(7)
Mobile loudspeakers. The use of mechanical loudspeakers or amplifiers
on vehicles or aircraft for commercial advertising purposes.
(8)
Yelling, shouting and the like: public streets. 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 of
any persons in the vicinity.
(9)
Yelling, shouting and the like: private residences. Yelling, shouting,
hooting, whistling or singing in private residences or places in such
manner as to disturb the peace, quiet and comfort of the neighboring
inhabitants. Any voluntary participant in such conduct, which creates,
in whole or in part, the proscribed conduct, shall be a violation
of this section to the same degree as the actual perpetrator. Yelling,
shouting, hooting, whistling or singing between the hours of 11:00
p.m. and 7:00 a.m. in such a manner as to be plainly audible at a
distance of 50 feet from the private residence or place shall create
a rebuttable presumption of a violation of this section.
(10)
Commercial establishment. Maintaining a commercial establishment
from which loud noises emanates as a result of mechanical, musical
devices, live entertainment or patrons. A rebuttable presumption of
a violation of this section shall be created if the noise is plainly
audible at a distance of 100 feet from the place where it emanates
between the hours of 11:00 p.m. and 7:00 a.m.
(11)
No person shall operate or cause to be operated on private property
any source of sound in such manner as to create a sound level which
exceeds 65 dBA from 7:00 a.m. to 11:00 p.m. and/or 50 dBA from 11:00
p.m. to 7:00 a.m. when measured at or within the property boundary
of the receiving land use.
The prohibitions contained in this article shall not apply to
persons:
A.
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 be for an actual emergency purpose or for practice
or drilling purposes.
B.
Who are engaged in 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 Township of Buena Vista, upon written application,
setting forth the sponsorship, date, hours and routes of such activity.
The Township Committee shall issue such permit unless, having considered
the date, time and route it shall determine that the noise created
by such activity shall cause undue discomfort to the public.
C.
Who are engaged in any activity specifically permitted or required
by any ordinance, resolution, statute or governmental regulation.
D.
Employed by public utility companies engaged in emergency repair
service; provided, however, that such noise does not exceed levels
reasonably necessary to accomplish such work.
[Adopted 12-27-2004 by Ord. No. 14-2004 (Ch. 74, Art. II,
of the 1993 Code)]
As used in this article, the following terms shall have the
meanings indicated:
The use or operation of any mechanical exhaust device designed
to aid in the braking, decompression or deceleration of any motor
vehicle which results in the excessive, loud, unusual or explosive
noise from such vehicle.
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 Buena Vista, any mechanical exhaust
or decompression device which results in a practice known as "engine
braking."
The provisions of this article 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 is exempt from the
provisions of this article. Sounds created by emergency equipment
for emergency purposes are also exempt.
The Township is hereby authorized to post at reasonable locations
within the Township signs indicating the prohibition of engine braking.
