[HISTORY: Adopted by the Township Committee of the Township of Middletown as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-4-1997 by Ord. No. 97-2479 as Ch. 182, Art. I, of the 1996 Township Code]
No person shall make, continue or cause to be made or continued or permit any loud, unusual or unnecessary noise which shall disturb the comfort, rest or repose of any person being in his place of abode.
[Amended 8-21-2006 by Ord. No. 2006-2887]
No person shall, within the hours of 10:00 p.m. and 7:00 a.m., within the limits of said Township, operate or use any television or radio-receiving set, phonograph, horn or other sound-producing instrument, device or apparatus in such manner that the sound thereof shall annoy any person or disturb the comfort, rest or repose of any person being in his place of abode.
No person or entity shall operate or allow to be operated outdoors upon any property in a residential zone any motorized construction or landscaping equipment, machinery, generators, compactors, or power tools, including but not limited to power drills, sander, grinder, leaf blower, lawn mower, or edger, between the hours of 9:00 p.m. to 7:00 a.m. on weekdays and 9:00 p.m. to 8:00 a.m. on Saturday, Sunday and federally designated holidays. This does not affect or preclude the legal driving of such any specialized vehicles on streets in the Township during the prohibited hours. This prohibition does not apply to a federal, state, county or municipal, or public utility employees or contractors performing emergency repairs, or persons or contractors performing emergency repairs on public or private property reasonably required to preserve property or safety or conducted pursuant to a waiver issued by the Township Construction Official. Construction or landscaping tools or equipment powered by an internal combustion engine must have a properly functioning muffler at all times.
No person or entity shall engage in the active collection of garbage or refuse, utilizing specialized vehicles or equipment, outdoors between the hours of 9:00 p.m. to 6:00 a.m. in the Township. This does not affect or preclude the legal driving of any such specialized vehicles on streets in the Township during the prohibited hours. This prohibition does not apply to emergency debris pickup or cleanup on public or private property reasonably required to preserve property or safety, or debris or refuse collection or cleanup pursuant to a directive or waiver issued by the Township Construction Official or other police or public health/safety official.
[Amended 8-4-1997 by Ord. No. 97-2479]
Any person aggrieved by an existing violation of this article shall first report such violation to a police officer of the Township. Said officer shall forthwith serve or cause to be served a notice upon the person or persons alleged to be violating this article, which shall contain a demand that the violation immediately cease and that, upon failure to do so, a complaint will be made in the Municipal Court and, upon conviction, said violator will be subject to a fine, imprisonment or period of service, or any combination thereof, as provided in § 336-4.
[Amended 8-4-1997 by Ord. No. 97-2479; 5-1-2006 by Ord. No. 2006-2876]
[Adopted 11-26-1984 by Ord. No. 1724 (Ch. 182, Art. II, of the 1996 Township Code)]
This article may be cited as the "Noise Control Ordinance for Mobile Sources."
Excessive sound is a serious hazard to the public health and welfare, safety and the quality of life.
A substantial body of science and technology exists by which excessive sound may be substantially abated.
The people have a right to and should be ensured an environment free from excessive sound.
It is the policy of Middletown Township to prevent excessive sound that may jeopardize the health and welfare or safety of the citizens or degrade the quality of life.
This article shall apply to the control of sound originating from mobile sources within the limits of Middletown Township.
As used in this article, the following terms shall have the meanings indicated:
- The abbreviation designating both the unit of measured sound level (the decibel) and the mode of measurement that uses the A-weighting of sound level meter.
- DECIBEL (dB)
- The practical unit of measurement for sound pressure level; the number of decibels of a measured sound is equal to 20 times the logarithm to the base 10 of the ratio of the sound pressure of the measured sound to the sound pressure of a standard sound [20 micropascals]; abbreviated "dB."
- GROSS VEHICLE WEIGHT RATING (GVWR)
- The value specified by the manufacturer as the recommended maximum loaded weight of a single motor vehicle. In cases where trailers and tractors are separable, the gross combination weight rating (GCWR), which is the value specified by the manufacturer as the recommended maximum loaded weight of the combination vehicle, shall be used.
- MOTOR CARRIER VEHICLE ENGAGED IN INTERSTATE COMMERCE
- Any vehicle for which regulations apply pursuant to Section 18 of the Federal Noise Control Act of 1972 (P.L. 92-574), as amended, pertaining to motor carriers engaged in interstate commerce.
- An unenclosed motor vehicle having a saddle for the use of the operator and two or three wheels in contact with the ground, including but not limited to motor scooters, mopeds and minibikes.
- MOTOR VEHICLE
- Any vehicle that is propelled or drawn on land by an engine or motor, such as but not limited to passenger cars, trucks, truck-trailers, semitrailers, campers, go-carts, snowmobiles, amphibious craft on land, dune buggies or racing vehicles, but not including motorcycles.
- A sound-dissipative device or system for abating the sound of escaping gases of an internal-combustion engine.
- Any sounds of such level and duration as to be or tend to be injurious to human health or welfare, or which would unreasonably interfere with the enjoyment of life or property.
- NOISE CONTROL OFFICER
- An officially designated employee of the Police Department trained in the measurement of sound and empowered to issue citations of violations of this article.
- Any corporation, company, association, society, firm, partnership and joint-stock company, as well as individual, and shall also include the state and all its political subdivisions and any agencies or instrumentalities thereof.
- PUBLIC RIGHT-OF-WAY
- Any street, avenue, boulevard, road, highway, sidewalk or alley or similar place that is owned or controlled by a governmental entity.
- PUBLIC SPACE
- Any real property or structures thereon that are owned or controlled by a governmental entity.
- REAL PROPERTY LINE
- The imaginary line, including its planar extension, that separates one parcel of real property from another.
- RESIDENTIAL PROPERTY
- Any property used for human habitation.
- SOUND LEVEL
- The sound pressure level measured in decibels with a sound level meter set for A-weighting; sound level is expressed in "dBA."
- SOUND LEVEL METER
- An instrument for the measurement of sound levels as specified in N.J.A.C. 7:29B.
- SOUND PRESSURE LEVEL
- The level of a sound measured in decibel units with a sound level meter which has a uniform response over the band of frequencies measured.
The noise control program established by this article shall be administered by the Police Department.
The Police Department shall be empowered to stop any motor vehicle or motorcycle operated on a public right-of-way or public space reasonably suspected of violating any provisions of this article.
The Noise Control Officer must be qualified according to N.J.A.C. 7:29B-1.11.
Noise measurements made by the Noise Control Officer must be taken according to procedures specified by N.J.A.C. 7:291B.
Motor vehicles and motorcycles on public rights-of-way. No person shall cause, suffer, allow or permit the operation of a public or private motor vehicle or motorcycle on a public right-of-way at any time in such a manner that the sound level emitted by the motor vehicle or motorcycle exceeds the level set forth in Table I.
No person shall cause, suffer, allow or permit the operation of any motor vehicle or motorcycle not equipped with original muffler or equivalent replacement in good working order and in constant operation.
No person shall remove or render inoperative or cause to be removed or rendered inoperative, other than for purposes of maintenance, repair or replacement, any muffler on a motor vehicle or motorcycle.
Motor vehicle horns and signaling devices. The following acts and the causing thereof are declared to be in violation of this article:
The sounding of any horn or other auditory signaling device in any motor vehicle or motorcycle on any public right-of-way or public space, except as a warning of danger.
Editor's Note: Original Section 5.1.3, Standing motor vehicles, which immediately followed, was repealed 12-10-1984 by Ord. No. 1738.
Recreational motorized vehicles operating off public rights-of-way.
Except as permitted in Subsection B(2), no person shall operate or cause to be operated any recreational motorized vehicle in such a manner that the sound level emitted therefrom exceeds the limits set forth in Table II at either a distance of 50 feet (15 meters) or more from the path of the vehicle when operated on a public space or at or across a real property line when operated on private property. This section shall apply to all recreational motorized vehicles whether or not duly licensed or registered.
The provisions of this article shall not apply to the emission of sound for the purpose of alerting persons to the existence of an emergency.
The Noise Control Officer shall have the authority to grant special variances, which may be requested pursuant to § 336-9B(2).
The Noise Control Officer shall establish regulations governing exceptions, variances and appeals; such regulations shall be subject to the approval of the appropriate local authority prior to promulgation thereof.
Notice of violations. Violation of any provision of this article shall be cause for a notice of violation to be issued by the Noise Control Officer according to procedures set forth in R. 3:3-2.
Except as provided in Subsection B(2), in lieu of issuing a notice of violation as provided in Subsection A, the Noise Control Officer may issue an order requiring abatement of any source of sound alleged to be in violation of this article within a reasonable time period and according to guidelines which the Noise Control Officer may prescribe.
Any person who violates any provision of this article shall be subject to a penalty for each offense of not more than $100.
Any person who willfully or knowingly violates any provision of this article shall be subject to a penalty for each offense of a sum of not less than $100 and not more than $500.
Other remedies. No provision of this article shall be construed to impair any common law or statutory cause of action, or legal remedy therefrom, of any person for injury or damage arising from any violation of this article or from other law.