[HISTORY: Adopted by the Board of Health of the Township of Middle
8-31-1983 as Ord. No. 466-83; readopted by the Township Committee at time
of adoption of Code; see Ch. 1, General Provisions, Art. I. Amendments noted
where applicable.]
No person shall create, continue or permit the creation or continuance
of any unreasonably loud, disturbing or unnecessary noise within the confines
of the Township of Middle.
Unreasonably loud, disturbing and/or unnecessary noise shall be generally
defined for purposes of this chapter as noise registering on the A-weighing
scale of a sound-level meter, when measured at any point on the property of
any other person, as follows:
In addition to but not in limitation of any unreasonably loud, disturbing and/or unnecessary noise, as specified in § 179-1 above, the following acts are specifically determined to constitute unreasonably loud, disturbing and/or unnecessary noise:
B.
The sounding of any horn or other signal device appurtenant
to any motor vehicle on any public street, road or place except when utilized
as a warning pursuant to N.J.S.A. 39:3-69.
C.
The playing of any radio, television, musical instrument,
audio reproduction device (phonographs, cassette players and the like) or
any other machine or device for the producing or reproducing of sound at a
volume louder than is necessary for the convenient hearing of the person or
persons in the room or vehicle in which such machine or device is operated
and/or voluntarily listening thereto.
(1)
The operation of any such machine or device in a single-family
dwelling, individual commercial unit or other self-contained structure in
such a manner as to be plainly audible at the property line of the premises
upon which said machine or device is situated shall constitute a violation
of this section.
(2)
The operation of any such machine or device in any townhouse,
apartment, motel room, duplex or other structure containing a party wall in
such a manner as to be plainly audible by a reasonable man in the unit adjacent
to the premises upon which said machine or device is situated shall constitute
a violation of this section.
(3)
The operation of any such machine or device between the
hours of 8:00 a.m. and 8:00 p.m. in such a manner as to be plainly audible
by a reasonable man in living quarters immediately adjacent to the premises
upon which said machine or device is situated shall constitute a violation
of this section.
[Amended 4-5-1990 by Ord.
No. 721-90]
(4)
The operation of any such machine or device in a motor
vehicle in such a manner as to be plainly audible at a distance of 30 feet
or greater from the motor vehicle.
[Added 10-16-2000 by Ord.
No. 1065-2000]
D.
The harboring of any animal of any species which barks,
howls, cries or makes other sounds or noises audible at the property line
of the premises upon which or within which said animal is harbored.
E.
The use of any radio, musical instrument, audio reproduction
device (phonograph, cassette player, etc.), loudspeaker, sound amplifier or
other machine or device for the producing or reproducing of sound which is
cast upon the public streets for the purposes of commercial advertising, either
from buildings or from mobile vehicles.
F.
The use of any motor vehicle in such a manner as to create
loud grating, grinding, rattling or other noises.
G.
The making of unnecessary noise in the handling of ash,
trash and garbage cans, bails, boxes, crates, containers and/or vehicles,
either in loading or unloading.
H.
The erection, excavation, demolition, alteration or repair of any building other than between the hours of 7:00 a.m. and 8:00 p.m. in a commercial district and between 8:00 a.m. and 8:00 p.m. in a residential district, except in the case of an emergency in the interest of the public health and safety and then only with the issuance of a permit from the Construction Official for a reasonable period at the discretion of the Construction Official. Nothing contained herein shall prohibit the making of any home repairs, provided that the same do not violate the terms of § 179-2 above.
[Amended 9-19-1991 by Ord.
No. 789-91]
I.
Yelling, shouting, hooting, whistling, singing, crying
or hawking on the public streets at any time so as to annoy or disturb the
quiet, comfort or repose of any person within hearing distance thereof.
J.
The use of lawn mowers, chain saws or other lawn and
garden equipment between the hours of 8:00 p.m. and 7:00 a.m., inclusive,
so as to be audible from the property line.
K.
The creation of any excessive noise adjacent to any school,
institution of learning, house of worship or judicial court which the same
is in use or adjacent to any hospital or nursing home, which noise is clearly
audible within the confines of said school, institution of learning, house
of worship, judicial court, hospital or nursing home.
L.
Any pile driving during the months of June, July or August.
The prohibitions contained in this chapter shall not apply to the following:
A.
Persons who are engaged in the performance of any public
or governmental function, such as the sounding of a church or school bell
or a police, fire, ambulance, air-raid or like disaster warning, alert or
alarm, whether such alarm is for an actual emergency purpose or for practice
or drilling purposes.
B.
Employees of public utility companies engaged in emergency
repair services.
In addition to other enforcing officials, this chapter shall be enforced
by the Township Code Enforcement Official.
[Added 4-5-1990 by Ord. No.
720-90]
Any person who shall be convicted of the violation of the provisions
of this chapter shall be punished by one or more of the following: a fine
of not more than $1,000 or imprisonment in the Cape May County Jail for a
period not to exceed 90 days or a period of community service not to exceed
90 days. Each day upon which a violation of this chapter shall continue shall
be deemed a separate and distinct offense.
