[HISTORY: Adopted by Ord. No. 1935-07. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any site preparation, assembly, erection, repair, alteration
or similar action, but excluding demolition of buildings or structures.
Any dismantling, intentional destruction, or removal of buildings
or structures.
Any vehicle that is propelled or drawn on land by an engine
or motor, such as, but not limited to, passenger cars, trucks, trailers,
semi-trailers, campers, go-carts, snowmobiles, amphibious craft on
land, dune buggies, or racing vehicles, but not motorcycles.
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 mini-bikes.
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 throughout the Township
or in any portions thereof, but excludes all aspects of the employer-employee
relationship concerning health and safety hazards within the confines
of a place of employment.
Any sound that:
Any individual, firm, corporation, partnership, association,
trust or other legal entity, or any combination thereof.
It shall be unlawful for a person to make, continue, or cause
to be made or continued any loud, unnecessary or unusual noise, or
any noise which does or is likely to annoy, disturb, injure or endanger
the comfort, repose, health, peace or safety of others.
The following acts are hereby declared to be examples of excessive,
loud, disturbing and unnecessary noise in violation of this chapter.
This enumeration is intended only to give typical illustrations of
prohibited noise and shall not be construed as exclusive:
A.
Radios; televisions; electronic sound reproduction devices. The playing,
use or operation of any radio receiving set, television, musical instrument,
phonograph, compact disc player or cassette tape player 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 neighboring inhabitants
by an unreasonable extent or with louder volume than is necessary
for convenient hearing for persons who are in the room, vehicle or
chamber in which the machine or device is operated and who are voluntary
listeners. The operation of such a set, instrument, phonograph, machine,
radio, or device so that it is clearly audible at a distance of 100
feet from the building, structure or vehicle in which it is located
shall be prima facie evidence of a violation of this chapter.
B.
Use of loudspeakers or amplifiers for advertising. The using, operating
or permitting to be played, used or operated of any radio receiving
set, musical instrument, loudspeaker, sound amplifier or other machine
or device for the producing or reproducing of sound between the hours
of 9:00 p.m. and 8:00 a.m. on the following day.
C.
Yelling; shouting. Yelling, shouting, hooting, whistling or singing
on the public streets, particularly between the hours of 9:00 p.m.
and 8:00 a.m., or at any time or place, which annoys or disturbs the
quiet, comfort or repose of a reasonable person in any office, dwelling,
hotel, motel or other type of residence or of any persons in the vicinity.
D.
Animals; birds. The keeping of animals or birds which, by causing
frequent or long-continued noise, disturbs the comfort or repose of
any person in the vicinity. (For the purpose of this chapter, a noise
disturbance from a barking dog shall be defined as that created by
a dog barking continually for 10 minutes or intermittently for 30
minutes unless provoked.)
E.
Horns. The sounding of any horn or warning device on any automobile,
motorcycle, bus or other vehicle, except when required by law or when
necessary to give timely warning of the approach of the vehicle, or
as a warning of impeding danger to persons driving other vehicles
or to persons upon the street. No person shall sound any horn or warning
device on any automobile, motorcycle, bus or other vehicle which shall
emit an unreasonably loud or harsh sound, or for any unnecessary or
unreasonable period of time.
F.
Muffler. The operation of any motor vehicle or motorcycle not equipped
with the original muffler and other components or equivalent replacement
in good working order and in constant operation; the removal or rendering
inoperative, other than for purposes of maintenance, repair, or replacement,
any muffler or other exhaust component on a motor vehicle or motorcycle
and such vehicle is emanating excessive noise.
G.
Standing motor vehicles. No person shall operate or permit the operation
of any motor vehicle or any auxiliary equipment attached to such a
vehicle, for a period longer than five minutes in any hour while the
vehicle is stationary, for reasons other than traffic congestion or
emergency work on a public right-of-way or public space within 100
feet of a residential area between the hours of 9:00 p.m. and 8:00
a.m. the following day.
H.
Steam whistles/sirens. The blowing of any steam whistle attached
to any stationary boiler or fire at a fixed location, except to give
notice of the time to begin or stop work or as a warning of danger
or as a signal or warning in connection with civil defense, fire or
ambulance calls.
I.
Bells. The sounding of any bell or gong or the blowing of any whistle
attached to a building or locomotive, except as a warning to prevent
injury to life or property. The sounding of any bell or gong includes
both the mechanical sound of a bell or gong as well as any electronic
reproduction or simulation of such sounds.
J.
Exhausts. The discharge into the open air of the exhaust of any steam
engine, stationary internal combustion engine or motor vehicle, except
through a muffler or other device which will effectively prevent loud
or explosive noises from the device.
K.
Defective vehicles or loads. The use of any automobile, motorcycle
or vehicle so out of repair, so loaded, or in such a manner as to
create loud and unnecessary grating, grinding, rattling or other noise.
L.
Loading or unloading. Loading, unloading, opening, closing or other
handling of boxes, crates, containers, building materials, liquids,
garbage cans, refuse or similar objects, or the pneumatic or pumped
loading or unloading of bulk materials in liquid, gaseous, powder,
or pellet form, or the compacting of refuse by persons engaged in
the business of scavenging or garbage collection, between the hours
of 9:00 p.m. and 8:00 a.m. the following day except by permit, when
the sound creates a noise disturbance across a residential real property
line.
M.
Domestic power tools. Operating or permitting the operation of any
mechanically powered saw, drill, sander, grinder, lawn or garden tool,
lawn mower or lawn tractor or similar device used outdoors in residential
areas between the hours of 9:00 p.m. and 8:00 a.m. the following day
as to cause a noise disturbance across a residential real property
boundary. The operation of such mechanically powered saw, drill, sander,
grinder, lawn or garden tool or similar device used outdoors in residential
areas so that it is clearly audible at a distance of 100 feet from
the source from which it is located shall be prima facie evidence
of a violation of this chapter.
(1)
The operation of snow blowers is permitted between the hours of 9:00
p.m. to 8:00 a.m. under this section if there is an accumulation of
snow and/or ice that would require their use.
N.
Construction operations. Excavation, demolition, construction, repair
or alteration work in connection with any building, structure or other
improvement between the hours of 9:00 p.m. and 8:00 a.m. the following
day, Monday through Saturday. Excavation, demolition, construction,
repair or alteration work may be conducted on Sundays between the
hours of 9:00 a.m. to 9:00 p.m. so as long as such excavation, demolition,
construction, repair or alteration work in connection with any building,
structure or other improvement is not clearly audible at a distance
of 100 feet from the excavation, demolition, construction, repair
or alteration source from which it is located. The operation of such
demolition, construction, repair or alteration work which can be detected
100 feet from its source from which it is located on Sundays between
the hours of 9:00 a.m. to 9:00 p.m. shall be prima facie evidence
of a violation of this chapter.
(1)
In the case of an urgent necessity or in the interest of public health
or safety, the Township Manager may grant a permit for excavation,
demolition, construction, repair, or alteration work for a period
not to exceed three days during which the emergency continues, and
the permit may be renewed for an additional period of three days where
the emergency continues.
(2)
If the construction official or Township Engineer, as the case may
be, shall determine that the public health or safety will not be impaired
by the excavation, demolition, construction, repair or alteration
work of any building, structure or other improvement between the hours
of 9:00 p.m. and 8:00 a.m., and/or, if he shall further determine
that substantial loss or inconvenience would result to any party in
interest, he may grant permission for such work to be done between
the hours of 9:00 p.m. and 8:00 a.m., upon application being made
at the time the permit for the work is awarded or during the progress
of the work.
O.
Drums. The use of any drums or other instrument or device for the
purpose of attracting attention by creation of noise to any performance,
show, or sale.
P.
Hawkers and peddlers. The shouting and crying of peddlers, hawkers
and vendors, which disturbs the peace and quiet of the neighborhood
between the hours of 9:00 p.m. and 8:00 a.m., or at any time on Sundays
and holidays.
Q.
Transportation of metal rails, pillars and columns. The transportation
of rails, pillars or columns of iron, steel or other material over
and along streets, other public places, upon carts, drays, cars or
trucks or in any other manner so as to cause loud noises or as to
disturb the peace and quiet of such streets or other public places.
R.
Pile drivers and hammers. The operation between the hours of 9:00
p.m. and 8:00 a.m. the following day, Monday through 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 which is attended by loud or unusual noise.
S.
Blowers. The operation of any noise-creating blower or power fan
or any internal combustion engine, the operation of which causes noise
due to the explosion of operating gases or fluids, unless the noise
from such blower or fan is muffled and such engine is equipped with
a muffler device sufficient to deaden such noises.
The creation of any excessive noise on any street adjacent to
any school, institution of learning, church or court, while the premises
are in use, or adjacent to any hospital, which unreasonably interferes
with the working of such institution or which disturbs or unduly and
reasonably annoys patients in the hospital, is prohibited, provided
conspicuous signs are displayed in such street indicating that the
street is a school, hospital or court street.
Nothing contained in this chapter shall be construed to apply
to:
A.
The use of bells, chimes, or sound amplifiers by churches in church
activities.
B.
Activities of the municipal, county, state, or federal government
departments, or their agents or contractors, in the performance of
their duties, drills, or public demonstrations.
C.
Activities in the public parks, playgrounds or public buildings under
the permission or authority of the municipal officials.
D.
The use of all farm equipment and farming activities for the purpose
of agricultural means.
E.
Any public utility as defined in N.J.S.A. Title 48 or any employees
of such public utility when such public utility or its employees shall
be engaged in performing work to prevent the threatened interruption
of its services or to terminate the interruption of its service rendered
to its customers.
A.
Any person who owns or operates any stationary noise source may apply
to the noise control officer for a variance from one or more of the
provisions of this chapter. Applications for a permit of variance
shall supply information including, but not limited to:
(1)
The nature and location of the noise source for which such application
is made;
(2)
The reason for which the permit of variance is requested, including
the hardship that will result to the applicant, his client, or the
public if the permit is not granted;
(3)
The nature and intensity of noise that will occur during the period
of the variance;
(4)
The section or subsections for which the permit of variance shall
apply;
(5)
A description of interim noise control measures to be taken by the
applicant to minimize noise and the impacts occurring;
(6)
A specific schedule of the noise control measures, which shall be
taken to bring the source into compliance with this chapter within
a reasonable time;
(7)
A specific length of time that the stationary noise source will be
produced or continue.
B.
Failure to supply the information required by the noise control officer
shall be cause for rejection of the application.
C.
A copy of the permit of variance must be kept on file by the Municipal
Clerk for public inspection.
D.
The Noise Control Officer may charge the applicant a fee as stated in Chapter 156 to cover expenses resulting from the processing of the permit of variance application.
E.
The Noise Control Officer may, at his/her discretion, limit the duration
of the permit of variance, which shall be no longer than one year.
Any person holding a permit of variance and requesting an extension
of time shall apply for a new permit of variance under the provisions
of this chapter.
F.
No variance shall be approved unless the applicant presents adequate
proof that noise levels occurring during the period of the variance
will not constitute a danger to public health; and compliance with
this chapter would impose an arbitrary or unreasonable hardship upon
the applicant compared to providing a benefit to the public.
G.
In making the determination of whether to grant a variance, the Noise
Control Officer shall consider:
(1)
The character and degree of injury to, or interference with, the
health and welfare of the reasonable use of property which is caused
or threatened to be caused.
(2)
The social and economic value of the activity for which the variance
is sought.
(3)
The ability of the applicant to apply best practical noise control
measures.
(4)
The location of the stationary noise source, such as commercial or
residential area.
H.
The permit of variance may be revoked by the Noise Control Officer
if the terms of the permit of variance are violated.
I.
A variance may be revoked by the Noise Control Officer if there is:
A.
Issuance of summons. Violations of any provision of this chapter
shall be cause for a summons to be issued by the Noise Control Officer,
Police Division, or other designated staff member of the Township
of Lawrence.
B.
Abatement orders.
(1)
In lieu of issuing a summons, the Noise Control Officer, member of
the Police Division, or other designated staff member may issue an
order requiring abatement of any source of sound alleged to be in
violation of this chapter 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 chapter shall be subject to a penalty for each offense of not more than $500 except as provided in Subsection C(2).
(2)
Any person who willfully or knowingly violates any provision of this
chapter shall be subject to a penalty for each offense a sum of not
more than $200.
(3)
If the violation is of a continuing nature, each day, or twenty-four-hour
period, during which it occurs, shall constitute an additional, separate,
and distinct offense.
No provision of this chapter shall be construed to impair any
common law or statutory cause of action, or legal remedy of any person
for injury or damage arising from any violation of this chapter or
from other law.
