Township of Harrison, NJ Noise

Excessive sound is a serious hazard to the public health, welfare, safety, and the quality of life. The residents of the Township of Harrison have a right to, and should be ensured of, an environment free from excessive sound. It is hereby a policy of the Township of Harrison to prevent excessive sound that may jeopardize the health, welfare, or safety of its citizens or degrade their quality of life.

[1]

Editor's Note: This ordinance also provided for the renumbering of former §§ 145-1 through 145-7 as §§ 145-3 through 145-9, respectively.

§ 145-2 Definitions.

[Added 12-2-2013 by Ord. No. 42-2013]

For purposes of this chapter the following words or terms shall have the meanings set forth in this section.

CONSTRUCTION

Any site preparation, excavation, grading, assembly, erection, paving, substantial repair, alteration or similar action, but excluding demolition, for or of any structures, utilities, public or private rights-of-way or other property.

DEMOLITION

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

MOTOR VEHICLE

Any vehicle (except an interstate commercial carrier) which is propelled or drawn on land by a motor, such as, but not limited to, passenger cars, trucks, truck-trailers, semi-trailers, campers, tractors, motorcycles, motor scooters, minibikes, go-carts, mopeds, snowmobiles, amphibious craft on land, dune buggies or racing vehicles.

NOISE or NOISE DISTURBANCE

Any sound which:

Endangers or injures the safety or health of humans or animals; or

Annoys or disturbs the comfort, peace or repose of a reasonable person of normal sensitivities; or

Causes or tends to cause an adverse psychological or physiological effect on a person.

PERSON

Any individual, association, partnership or corporation, and any officer, employee, department, agency or instrumentality of a state or any political subdivision of a state or federal agency not associated with national defense.

REAL PROPERTY BOUNDARY

Either the vertical boundary that separates one parcel of property (i.e., lot and block) from another residential or commercial property; the vertical and horizontal boundaries of a dwelling unit that is part of a multi-dwelling unit building; or on a multi-use property, the vertical or horizontal boundaries between the two portions of the property on which different categories of activity are being performed (e.g., if the multi-use property is a building which is residential upstairs and commercial downstairs, then the real property line would be the interface between the residential area and the commercial area, or if there is an outdoor sound source such as an HVAC unit on the same parcel of property, the boundary line is the exterior wall of the receiving unit). Note: this definition shall not apply to a commercial source and a commercial receptor which are both located on the same parcel of property (e.g., a strip mall).

WEEKDAY

Any day that is not a federal holiday, and beginning on Monday at 8:00 a.m. and ending on the following Friday at 5:00 p.m.

WEEKENDS

Beginning on Friday at 5:00 p.m. and ending on the following Monday at 8:00 a.m.

§ 145-3 Noise disturbances prohibited.

[Amended 4-2-2007 by Ord. No. 11-2007]

It shall be unlawful for any person, firm or corporation, whether as principal, agent or employee, to cause to be emitted in the Township of Harrison any loud, raucous or disturbing noises by whatsoever instrumentality such noises may be emitted. Noise of such character, intensity and/or duration as to be detrimental to life, health or welfare, or any noise which does or is likely to annoy, disturb, injure or endanger the comfort, repose or peace of any individual is prohibited, and no person shall unreasonably make, continue, or cause to be made or continue, any noise disturbance across a residential real property boundary.

§ 145-4 Enumeration of prohibited noises.

[Amended 10-20-2008 by Ord. No. 28-2008; 9-16-2013 by Ord. No. 34-2013; 12-2-2013 by Ord. No. 42-2013]

Without in any way limiting or affecting the general provisions of § 145-3, the following acts, among others, are declared to be prohibited noise disturbances in violation of this chapter, but said enumeration shall not be deemed to be exclusive, if such noises cause excessive sound which may jeopardize the health, welfare, peace, repose or safety of the citizens or degrade their quality of life within the Township of Harrison:

Radios, televisions, phonographs, etc. The using, operating or permitting to be played, used or operated of any radio receiving set, television, musical instrument, phonograph or other machine or device for the producing or reproducing of sound in such a manner as to disturb the peace, quiet and comfort of the neighborhood inhabitants or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle or chamber in which such machine or device is operated and who are voluntary listeners thereto. The operation of any such set, instrument, phonograph, machine or device between the hours of 9:00 p.m. and 7:00 a.m. in such a manner as to be plainly audible at a distance of 25 feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this chapter.

Loudspeakers or amplifiers for advertising. The using, operating or permitting to be played, used or operated 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 or for any other purpose.

Yelling, shouting, etc. Yelling, shouting, hooting, whistling or singing on the public streets so as to annoy or disturb the quiet, comfort or repose of persons in any office or in any dwelling, apartment or other type of residence or of any persons in the vicinity.

Construction or repairing of buildings. The erection (including excavating), demolition, alteration or repair of any building other than between the hours of 8:00 a.m. and 5:00 p.m. on weekdays and between 9:00 a.m. and 1:00 p.m. on Saturday, except in case of urgent necessity in the interest of public health and safety, and then only with a permit from the Township Engineer, Public Works Superintendent and/or their designee, which permit may be granted for a period not to exceed three days or less while the emergency continues and which permit may be renewed for periods of three days or less while the emergency continues. If the Township Engineer, Public Works Superintendent and/or their designee should determine that the public health and safety will not be impaired by the erection, demolition or repair of any building or the excavation of streets and highways between the hours of 5:00 p.m. and 8:00 a.m. and if he shall further determine that loss or inconvenience would not result to any party in interest, he may grant permission for such work to be done between the hours of 5:00 p.m. and 8:00 a.m. upon applications being made at the time the permit for the work is awarded or during the progress of the work. Nothing in this subsection shall prevent the occupant or owner of premises at any time from making or causing to be made minor repairs or improvements to or on or about the premises, provided that the same shall be done without undue noise or disturbance and shall not cause a nuisance or disturb the peace and quiet of the neighborhood.

Schools, courts, churches, hospitals. 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 adjacent to any hospital, which unreasonably interferes with the workings of such institution or which disturbs or unduly annoys patients in the hospital, provided that conspicuous signs are displayed in such streets indicating that the same is a school, hospital or court street.

Drums. The use of any drum or other instrument or device for the purpose of attracting attention by creation of noise to any performance, show or sale.

Hawkers or peddlers. The shouting and crying of peddlers, hawkers and vendors which disturbs the peace and quiet of the neighborhood.

Pile drivers, hammers, etc. The operation other than between the hours of 8:00 a.m. and 5:00 p.m. weekdays and between 9:00 a.m. and 1:00 p.m. on Saturday of any pile driver, steam shovel, bulldozer or other earth-moving machinery, pneumatic hammer, derrick, steam or electric hoist or other appliance, the use of which is attended by loud or unusual noise.

Quarrying and/or landfills. The carrying out of quarrying or landfills, or closure thereof, and/or similar like work, including the transportation and trucking of any materials to or from such quarry or landfill, other than between the hours of 7:00 a.m. and dusk on weekdays and 7:00 a.m. and 12:00 noon Saturdays, prevailing time.

§ 145-5 Sound equipment, loudspeakers and sound trucks.

Sound equipment prohibited. The use or operation of a sound truck, loudspeaker or amplifying system either from a stationary position or from a moving vehicle shall be unlawful within the Township limits for any purpose other than that of a civic nature directly pertinent to activities within the Township of Harrison or affecting the residents of this community. (Political activities at no time shall be considered under this chapter as civic in nature).

Permit necessary. Prior to the use of such sound equipment for the purposes specified, a permit shall be obtained from the Township Clerk. Application forms for this purpose shall be furnished by the Township Clerk and shall require the applicant to disclose:

(1)

The name and address of all persons and organizations for which such a permit is being sought.

(2)

The specific purpose of the application.

(3)

The number and type of equipment and vehicles to be used.

(4)

The projected hours and areas of the use of such equipment within the Township.

(5)

The person or official who shall be in charge of and responsible for compliance with the terms of this chapter.

(6)

In detail, the specific nature of the civic activity to be advertised.

Municipal emergency use. In addition to the allowance of sound devices for civic purposes, the municipality may utilize any device of this nature at any and all times that there may be a municipal emergency regardless of the provisions of this chapter.

Prohibited hours. The hours of limitation for operation of sound devices shall be not before 7:00 a.m. or after 9:00 p.m. every day of the week.

Fee required. No fee shall be required for making the aforesaid application or for issuance of the permit.

Type of use prohibited. The use of the aforesaid sound devices shall at no time cause injury to the health of any person or persons nor be otherwise detrimental to the general welfare and dignity of the community.

§ 145-6 Parades.

Parades may be permitted within Township limits, provided that a permit is issued for same by the Harrison Township Committee and the applicant has obtained all other permits and approvals from any other agency requiring approval of the parade activity. Application shall be made to the Township Clerk, who in turn will refer the same to the Chief of Police for investigation. The application must be made a minimum of 10 days prior to the parade, which application shall indicate the time, the approximate number of people in the parade, the desired route and the purposes of the parade. The Chief of Police shall have the right to reroute said parade if, in his opinion, it is apt to interfere with the free flow of vehicular traffic or create danger to life limb or property.

§ 145-7 Engine compression brake.

[Added 6-4-2012 by Ord. No. 29-2012[1]]

Definitions. The following definitions shall apply to this section:

ENGINE COMPRESSION BRAKE

Any device that utilizes air compression and/or rapid release of compressed air in the cylinders of engines to slow or retard vehicle speed. Examples include, but are not limited to, Jacobs Engine Brake®, also known as "Jake Brake®" engine retarder; Pacbrake® engine brake; Tec Brake® engine brake; D-Celerator® diesel exhaust brake; and similar devices that meet the definition.

NOISE BAFFLING DEVICE

A properly functioning muffler or engine exhaust silencer that eliminates the offensive and disturbing noise caused by use of engine compression brakes. The muffler or engine exhaust silencer must reduce the noise to levels meeting vehicle noise emission standards set or authorized by the Noise Control Act (42 U.S.C. § 4901 et seq.) and the United States Environmental Protection Agency, and must also comply with all other federal, state or local laws and regulations relating to vehicle noise levels.

PUBLIC SAFETY VEHICLE

Any vehicle operated by the Harrison Township Fire Department or the Harrison Township Police Department, or any other emergency vehicle operated by a state, county and/or local agency.

Use of engine compression brake prohibited. It shall be unlawful for the operator of a motor vehicle to engage, or allow to be engaged, operate or use an engine compression brake, or any similar mechanical exhaust device designed to aid in the deceleration of any vehicle which results in the emission of excessive and loud noise from the vehicle, while the vehicle is operated on any public roadway within the municipal limits of the Township of Harrison, County of Gloucester, State of New Jersey.

Exclusions. § 145-7B shall not apply to operators of any of the following:

(1)

A public safety vehicle; or

(2)

A vehicle involved in an emergency wherein the operator of said vehicle reasonably believes that use of the engine compression brake is necessary to avoid or mitigate a collision or accident.

[1]

Editor’s Note: This ordinance also provided for the renumbering of former §§ 145-5 and 145-6 as §§ 145-6 and 145-7, respectively.

§ 145-8 Exemptions.

Nothing herein contained shall be construed to apply to church bells or chimes. Nothing herein contained shall be construed to apply to farmers under the Right to Farm Act.[1]

[1]

Editor's Note: See N.J.S.A. 4:1C-1 et seq.

§ 145-9 Violations and penalties.

[Amended 12-6-2004 by Ord. No. 40-2004]

Any person who shall violate this chapter shall, upon conviction thereof, pay a fine not exceeding $1,250, imprisonment for a term not exceeding 90 days or a period of community service not exceeding 90 days for each offense.