[HISTORY: Adopted by the Board of Health
of the Township of Middle 8-31-1983 by Ord. No. 466-83; readopted by the Township Committee 4-5-1990 by Ord. No. 720-90. 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.
[Added 5-15-2023 by Ord. No. 1670-23]
Violation of this Chapter 179 constitutes a breach of the peace.
