[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]
A.
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.
B.
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.
C.
No person or entity shall engage in the active collection of solid
waste or recycling, utilizing specialized vehicles or equipment, outdoors
between the hours of 9:00 p.m. to 6:00 a.m. in the Township, except
as otherwise permitted by contract between the Township and its solid
waste and recycling contractor(s). 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 7-17-2023 by Ord. No. 2023-3374]
[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."
A.
Findings.
(1)
Excessive sound is a serious hazard to the public health and welfare,
safety and the quality of life.
(2)
A substantial body of science and technology exists by which excessive
sound may be substantially abated.
(3)
The people have a right to and should be ensured an environment free
from excessive sound.
B.
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.
C.
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.
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."
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.
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.
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.
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.
Any street, avenue, boulevard, road, highway, sidewalk or
alley or similar place that is owned or controlled by a governmental
entity.
Any real property or structures thereon that are owned or
controlled by a governmental entity.
The imaginary line, including its planar extension, that
separates one parcel of real property from another.
Any property used for human habitation.
The sound pressure level measured in decibels with a sound
level meter set for A-weighting; sound level is expressed in "dBA."
An instrument for the measurement of sound levels as specified
in N.J.A.C. 7:29B.
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.
A.
The noise control program established by this article shall be administered
by the Police Department.
B.
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.
C.
The Noise Control Officer must be qualified according to N.J.A.C.
7:29B-1.11.
D.
Noise measurements made by the Noise Control Officer must be taken
according to procedures specified by N.J.A.C. 7:291B.
A.
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.
|
Table I
| ||||
|---|---|---|---|---|
|
Maximum Permissible Sound Levels from Motor Vehicles and
Motorcycles
| ||||
|
(Measured according to Department of Transportation, Bureau
of Motor Carrier Safety Regulations for Enforcement of Motor Carrier
Noise Emission Standards, Title 49, CFR Chapter II, Part 325, 40FR42437)
| ||||
|
Sound level in dBA at 50 feet (15 meters) from center
line of vehicle travel
| ||||
|
Vehicle Class
|
35 mph or Less
|
Speed Limit Over 35 mph
|
Stationary Run-Up
| |
|
Motor carrier vehicle engaged in interstate commerce of GVWR
or GCWR of 10,000 pounds or more
|
86
|
90
|
88
| |
|
All other motor vehicles of GVWR or GCWR of 10,000 pounds or
more
|
86
|
90
|
—
| |
|
Any motorcycle
|
82
|
86
|
—
| |
|
Any other motor vehicle combination of vehicles towed by any
motor vehicle
|
76
|
82
|
—
| |
|
Sound level in dBA at 15 feet from the edge of the lane
of vehicle travel
| ||
|---|---|---|
|
Vehicle Class
|
35 mph or Less
| |
|
Any motor vehicle or motorcycle with a GVWR less than 10,000
pounds
|
80
| |
(1)
Adequate mufflers.
(a)
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.
(b)
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.
(2)
Motor vehicle horns and signaling devices. The following acts and
the causing thereof are declared to be in violation of this article:
(a)
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.[1]
[1]
Editor's Note: Original Section 5.1.3, Standing motor vehicles,
which immediately followed, was repealed 12-10-1984 by Ord. No. 1738.
B.
Recreational motorized vehicles operating off public rights-of-way.
(1)
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.
(2)
Permits for motor vehicle racing events may be obtained from the Noise Control Officer according to procedures and criteria set forth in § 336-10.
|
Table II
| |||
|---|---|---|---|
|
Maximum Permissible Sound Levels for Recreational Motorized
Vehicles
| |||
|
Vehicle Type
|
Sound Level
(dBA)
| ||
|
Motorcycle
| |||
|
Unit manufactured before 1975
|
86
| ||
|
Unit manufactured after 1975
|
84
| ||
|
Any other vehicle
| |||
|
Unit manufactured before 1975
|
84
| ||
|
Unit manufactured after 1975
|
80
| ||
A.
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.
B.
The Noise Control Officer shall have the authority to grant special variances, which may be requested pursuant to § 336-9B(2).
C.
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.
A.
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.
B.
Abatement orders.
(1)
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.
C.
Penalties.
(1)
Any person who violates any provision of this article shall be subject
to a penalty for each offense of not more than $100.
(2)
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.
D.
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.
