[Adopted 12-8-1966 by Ord. No. 12-66]
It is hereby found and declared that:
A. The making and creation of loud, unnecessary and unusual
noises within the limits of the Township of Hanover is a condition
that has existed for some time, and the extent and volume of noises
is increasing.
B. The making, creation or maintenance of loud, unnecessary,
unnatural or unusual noises which are prolonged, unusual and unnecessary
is a detriment to public health and the convenience, safety and welfare
of the residents of the Township of Hanover.
C. The necessity in the public interest for the provisions
and prohibitions hereinafter contained and enacted is for the purpose
of serving and promoting the public health, comfort, convenience,
safety and welfare of the peace and quiet of the Township of Hanover
and its inhabitants.
It shall be unlawful for any person to make,
continue, permit or cause to be made or continued, any loud, unnecessary
or unusual noise that either annoys, disturbs, injures or endangers
the comfort, repose, health, peace or safety of others within the
limits of the Township.
The following acts are declared to be loud,
unnecessary and unusual noises in violation of this article:
A. The sounding of any horn or signal device on any vehicle
of any type or description on any street or public place of this Township,
except as a danger warning; the creation of any unreasonably loud
or harsh sound by means of any signal device; and the sounding of
any such device for unnecessary or unreasonable periods of time, except
warnings required by emergency vehicles.
B. Using, operating or permitting to be played any radio
set, television set, musical instrument, phonograph or other machine
or device producing or reproducing of sound in such a manner as to
disturb the peace, quiet and comfort of the neighbors. The operation
of any such sets, instruments, machines or devices between the hours
of 10:00 p.m. and 8:00 a.m., prevailing time, in such a manner as
to be plainly audible at a distance of 50 feet from the building or
vehicle in which it is located shall be prima facie evidence of a
violation of this section.
C. Using, operating or permitting the use or operation
of the instruments set forth in the preceding subsection hereof for
the purpose of commercial advertising or attracting the attention
of the public to any building or structure.
D. Yelling, shouting, hooting, whistling or singing on
the public streets or in any dwelling, which shall disturb the comfort
or repose of any person in the vicinity, between the hours of 10:00
p.m. and 8:00 a.m., prevailing time.
E. The keeping of any animal or bird which, by causing
frequent or long constant noises, shall disturb the comfort or repose
of any person in the vicinity.
F. The use of any vehicle or motorcycle, of any kind
whatsoever, in such a manner as to create unnecessary grinding, grating
or rattling noises or in such a manner, during acceleration, deceleration
or negotiating turning movements, as to cause a shrill, piercing or
screeching noise from the tires of said vehicle or motorcycle during
said acceleration, deceleration or turning movement or to create an
unnecessary noise by the use of loud or noisy mufflers on any said
vehicle or motorcycle.
G. The creation of loud and excessive noises in the opening
or destruction of bales, boxes, crates and containers.
H. Building construction, repair or demolition.
(3) Emergency road and utility repairs shall be excepted
from this provision; provided, however, that any necessary permits
for the same shall be obtained within the time prescribed by any applicable
ordinance or regulation of the Township.
I. The creation of any excessive noise on any street
adjacent to any school, institution of learning, library, nursing
home, hospital, church or court while the same are in use or in any
residentially zoned properties.
[Amended 11-12-1987 by Ord. No. 31-87]
J. The shouting and crying of peddlers, hawkers and vendors.
[Added 11-12-1987 by Ord. No. 31-87]
This article shall be enforced and summonses
shall be issued by the Police Department of the Township of Hanover
for any violations of this article.
[Amended 7-11-1991 by Ord. No. 16-91]
Any person who violates any provision of this
article shall, upon conviction thereof, be subject to a fine not exceeding
$1,000 or to imprisonment not exceeding 90 days, or both.
[Adopted 5-26-2016 by Ord. No. 17-16]
As used in this chapter, the words and terms described below
shall have the following meanings, unless the context clearly indicates
otherwise. Terms not defined in this article have the same meaning
as those defined in N.J.A.C. 7:29.
CONSTRUCTION
Any site preparation, assembly, erection, repair, alteration
or similar action, including demolition of buildings or structures.
dBC
The sound level as measured against the "C" weighting network
with a sound level meter meeting the standards set forth in ANSI S1.4-1983
or its successors. The unit of reporting is dB(C). The "C" weighting
network is more sensitive to low frequencies than is the "A" weighting
network.
DEMOLITION
Any dismantling, destruction or removal of buildings, structures
or roadways.
DEPARTMENT
The New Jersey Department of Environmental Protection.
EMERGENCY WORK
Any work or action necessary at the site of an emergency
to restore or deliver essential public services, including but not
limited to repairing water, gas, electricity, telephone, sewer facilities
or public transportation facilities, removing fallen trees on public
rights-of-way, dredging navigational waterways or abating life-threatening
conditions or a state of emergency declared by a governing agency.
IMPULSIVE SOUND
Either a single pressure peak or a single burst (multiple
pressure peaks) that has a duration of less than one second.
MINOR VIOLATION
A violation that is not the result of the purposeful, reckless
or criminally negligent conduct of the alleged violator; and/or the
activity or condition constituting the violation has not been the
subject of an enforcement action by any authorized local, county or
state enforcement agency against the violator within the immediately
proceeding 12 months for the same or substantially similar violation.
MOTOR VEHICLE
Any vehicle that is propelled other than by human or animal
power on land.
MUFFLER
A properly functioning sound dissipative device or system
for abating the sound on engines or equipment where such a device
is part of the normal configuration of the equipment.
MULTI-DWELLING-UNIT BUILDING
Any building comprising two or more dwelling units, including
but not limited to apartments, condominiums, co-ops, multiple-family
houses, townhouses and attached residences.
MULTI-USE PROPERTY
Any distinct parcel of land that is used for more than one
category of activity. Examples include, but are not limited to:
A.
A commercial, residential, industrial or public service property
having boilers, incinerators, elevators, automatic garage doors, air
conditioners, laundry rooms, utility provisions or health and recreational
facilities or other similar devices or areas, either in the interior
or on the exterior of the building, which may be a source of elevated
sound levels at another category on the same distinct parcel of land;
or
B.
A building which is both commercial (usually on the ground floor)
and residential property located above, below or adjacent.
NOISE CONTROL INVESTIGATOR (NCI)
An employee of a municipality, county or regional health
commission that has a department-approved model noise control ordinance
and the employee has not received noise enforcement training as specified
by the department in N.J.A.C. 7:29. However, he/she is knowledgeable
about his/her model noise ordinance and enforcement procedures. A
noise control investigator may only enforce sections of the ordinance
that do not require the use of a sound level meter. The employee must
be acting within his or her designated jurisdiction and must be authorized
to issue a summons.
NOISE CONTROL OFFICER (NCO)
An employee of a local, county or regional health agency
which is certified pursuant to the County Environmental Health Act
(N.J.S.A. 26:3A2-21 et seq.) to perform noise enforcement activities
or an employee of a municipality with a department-approved model
noise control ordinance. All NCOs must receive noise enforcement training
as specified by the department in N.J.A.C. 7:29 and be currently certified
in noise enforcement. The employee(s) must be acting within his or
her designated jurisdiction and must be authorized to issue summons(es).
PLAINLY AUDIBLE
Any sound that can be detected by a NCO or NCI using his
or her unaided hearing faculties of normal acuity. As an 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. The NCO or NCI need not determine the title,
specific words or the artist performing the song.
PRIVATE RIGHT-OF-WAY
Any street, avenue, boulevard, road, highway, sidewalk, alley
or easement that is owned, leased or controlled by a nongovernmental
entity.
PUBLIC RIGHT-OF-WAY
Any street, avenue, boulevard, road, highway, sidewalk, alley
or easement that is owned, leased or controlled by a governmental
entity.
PUBLIC SPACE
Any real property or structures thereon that are owned, leased
or controlled by a governmental entity.
REAL PROPERTY LINE
Either: a) the vertical boundary that separates one parcel
of property (i.e., lot and block) from another residential or commercial
property; b) the vertical and horizontal boundaries of a dwelling
unit that is part of a multi-dwelling-unit building; or c) on a multi-use
property as defined herein, 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). 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).
SOUND PRODUCTION DEVICE
Any device whose primary function is the production of sound,
including but not limited to any musical instrument, loudspeaker,
radio, television, digital or analog music player, public address
system or sound-amplifying equipment.
SOUND REDUCTION DEVICE
Any device, such as a muffler, baffle, shroud, jacket, enclosure,
isolator, or dampener provided by the manufacturer with the equipment,
or that is otherwise required, that mitigates the sound emissions
of the equipment.
WEEKDAY
Any day that is not a federal holiday and beginning on Monday
at 7:00 a.m. and ending on the following Friday at 6:00 p.m.
WEEKENDS
Beginning on Friday at 6:00 p.m. and ending on the following
Monday at 7:00 a.m.