[Added 12-2-2013 by Ord. No. 42-2013]
Excessive sound is a serious hazard to the public health, welfare,
safety, and the quality of life. The residents of the Township of
Harrison have a right to, and should be ensured of, an environment
free from excessive sound. It is hereby a policy of the Township of
Harrison to prevent excessive sound that may jeopardize the health,
welfare, or safety of its citizens or degrade their quality of life.
[Added 12-2-2013 by Ord. No. 42-2013]
For purposes of this chapter the following words or terms shall
have the meanings set forth in this section.
CONSTRUCTION
Any site preparation, excavation, grading, assembly, erection,
paving, substantial repair, alteration or similar action, but excluding
demolition, for or of any structures, utilities, public or private
rights-of-way or other property.
DEMOLITION
Any dismantling, intentional destruction or removal of structures,
utilities, public or private rights-of-way or other property.
MOTOR VEHICLE
Any vehicle (except an interstate commercial carrier) which
is propelled or drawn on land by a motor, such as, but not limited
to, passenger cars, trucks, truck-trailers, semi-trailers, campers,
tractors, motorcycles, motor scooters, minibikes, go-carts, mopeds,
snowmobiles, amphibious craft on land, dune buggies or racing vehicles.
NOISE or NOISE DISTURBANCE
Any sound which:
A.
Endangers or injures the safety or health of humans or animals;
or
B.
Annoys or disturbs the comfort, peace or repose of a reasonable
person of normal sensitivities; or
C.
Causes or tends to cause an adverse psychological or physiological
effect on a person.
PERSON
Any individual, association, partnership or corporation,
and any officer, employee, department, agency or instrumentality of
a state or any political subdivision of a state or federal agency
not associated with national defense.
REAL PROPERTY BOUNDARY
Either the vertical boundary that separates one parcel of
property (i.e., lot and block) from another residential or commercial
property; the vertical and horizontal boundaries of a dwelling unit
that is part of a multi-dwelling unit building; or on a multi-use
property, 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). Note: 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).
WEEKDAY
Any day that is not a federal holiday, and beginning on Monday
at 8:00 a.m. and ending on the following Friday at 5:00 p.m.
WEEKENDS
Beginning on Friday at 5:00 p.m. and ending on the following
Monday at 8:00 a.m.
[Amended 4-2-2007 by Ord. No. 11-2007]
It shall be unlawful for any person, firm or
corporation, whether as principal, agent or employee, to cause to
be emitted in the Township of Harrison any loud, raucous or disturbing
noises by whatsoever instrumentality such noises may be emitted. Noise
of such character, intensity and/or duration as to be detrimental
to life, health or welfare, or any noise which does or is likely to
annoy, disturb, injure or endanger the comfort, repose or peace of
any individual is prohibited, and no person shall unreasonably make,
continue, or cause to be made or continue, any noise disturbance across
a residential real property boundary.
[Amended 10-20-2008 by Ord. No. 28-2008; 9-16-2013 by Ord. No.
34-2013; 12-2-2013 by Ord. No. 42-2013]
Without in any way limiting or affecting the general provisions of §
145-3, the following acts, among others, are declared to be prohibited noise disturbances in violation of this chapter, but said enumeration shall not be deemed to be exclusive, if such noises cause excessive sound which may jeopardize the health, welfare, peace, repose or safety of the citizens or degrade their quality of life within the Township of Harrison:
A. Radios, televisions, phonographs, etc. The using, operating or permitting
to be played, used or operated of any radio receiving set, television,
musical instrument, phonograph 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 the neighborhood inhabitants or at any
time with louder volume than is necessary for convenient hearing for
the person or persons who are in the room, vehicle or chamber in which
such machine or device is operated and who are voluntary listeners
thereto. The operation of any such set, instrument, phonograph, machine
or device between the hours of 9:00 p.m. and 7:00 a.m. in such a manner
as to be plainly audible at a distance of 25 feet from the building,
structure or vehicle in which it is located shall be prima facie evidence
of a violation of this chapter.
B. Loudspeakers or amplifiers for advertising. The using, operating
or permitting to be played, used or operated of any radio receiving
set, musical instrument, phonograph, loudspeaker, sound amplifier
or other machine or device for the producing or reproducing of sound
which is cast upon the public streets for the purpose of commercial
advertising or for any other purpose.
C. Yelling, shouting, etc. Yelling, shouting, hooting, whistling or
singing on the public streets so as to annoy or disturb the quiet,
comfort or repose of persons in any office or in any dwelling, apartment
or other type of residence or of any persons in the vicinity.
D. Construction or repairing of buildings. The erection (including excavating),
demolition, alteration or repair of any building other than between
the hours of 8:00 a.m. and 5:00 p.m. on weekdays and between 9:00
a.m. and 1:00 p.m. on Saturday, except in case of urgent necessity
in the interest of public health and safety, and then only with a
permit from the Township Engineer, Public Works Superintendent and/or
their designee, which permit may be granted for a period not to exceed
three days or less while the emergency continues and which permit
may be renewed for periods of three days or less while the emergency
continues. If the Township Engineer, Public Works Superintendent and/or
their designee should determine that the public health and safety
will not be impaired by the erection, demolition or repair of any
building or the excavation of streets and highways between the hours
of 5:00 p.m. and 8:00 a.m. and if he shall further determine that
loss or inconvenience would not result to any party in interest, he
may grant permission for such work to be done between the hours of
5:00 p.m. and 8:00 a.m. upon applications being made at the time the
permit for the work is awarded or during the progress of the work.
Nothing in this subsection shall prevent the occupant or owner of
premises at any time from making or causing to be made minor repairs
or improvements to or on or about the premises, provided that the
same shall be done without undue noise or disturbance and shall not
cause a nuisance or disturb the peace and quiet of the neighborhood.
E. Schools, courts, churches, hospitals. The creation of any excessive
noise on any street adjacent to any school, institution of learning,
church or court while the same is in use, or adjacent to any hospital,
which unreasonably interferes with the workings of such institution
or which disturbs or unduly annoys patients in the hospital, provided
that conspicuous signs are displayed in such streets indicating that
the same is a school, hospital or court street.
F. Drums. The use of any drum or other instrument or device for the
purpose of attracting attention by creation of noise to any performance,
show or sale.
G. Hawkers or peddlers. The shouting and crying of peddlers, hawkers
and vendors which disturbs the peace and quiet of the neighborhood.
H. Pile drivers, hammers, etc. The operation other than between the
hours of 8:00 a.m. and 5:00 p.m. weekdays and between 9:00 a.m. and
1:00 p.m. on 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 of which is attended
by loud or unusual noise.
I. Quarrying and/or landfills. The carrying out of quarrying or landfills,
or closure thereof, and/or similar like work, including the transportation
and trucking of any materials to or from such quarry or landfill,
other than between the hours of 7:00 a.m. and dusk on weekdays and
7:00 a.m. and 12:00 noon Saturdays, prevailing time.
Parades may be permitted within Township limits,
provided that a permit is issued for same by the Harrison Township
Committee and the applicant has obtained all other permits and approvals
from any other agency requiring approval of the parade activity. Application
shall be made to the Township Clerk, who in turn will refer the same
to the Chief of Police for investigation. The application must be
made a minimum of 10 days prior to the parade, which application shall
indicate the time, the approximate number of people in the parade,
the desired route and the purposes of the parade. The Chief of Police
shall have the right to reroute said parade if, in his opinion, it
is apt to interfere with the free flow of vehicular traffic or create
danger to life limb or property.
[Added 6-4-2012 by Ord. No. 29-2012]
A. Definitions.
The following definitions shall apply to this section:
ENGINE COMPRESSION BRAKE
Any device that utilizes air compression and/or rapid release
of compressed air in the cylinders of engines to slow or retard vehicle
speed. Examples include, but are not limited to, Jacobs Engine Brake®,
also known as "Jake Brake®" engine retarder; Pacbrake® engine
brake; Tec Brake® engine brake; D-Celerator® diesel exhaust
brake; and similar devices that meet the definition.
NOISE BAFFLING DEVICE
A properly functioning muffler or engine exhaust silencer
that eliminates the offensive and disturbing noise caused by use of
engine compression brakes. The muffler or engine exhaust silencer
must reduce the noise to levels meeting vehicle noise emission standards
set or authorized by the Noise Control Act (42 U.S.C. § 4901
et seq.) and the United States Environmental Protection Agency, and
must also comply with all other federal, state or local laws and regulations
relating to vehicle noise levels.
PUBLIC SAFETY VEHICLE
Any vehicle operated by the Harrison Township Fire Department
or the Harrison Township Police Department, or any other emergency
vehicle operated by a state, county and/or local agency.
B. Use of
engine compression brake prohibited. It shall be unlawful for the
operator of a motor vehicle to engage, or allow to be engaged, operate
or use an engine compression brake, or any similar mechanical exhaust
device designed to aid in the deceleration of any vehicle which results
in the emission of excessive and loud noise from the vehicle, while
the vehicle is operated on any public roadway within the municipal
limits of the Township of Harrison, County of Gloucester, State of
New Jersey.
C. Exclusions. §
145-7B shall not apply to operators of any of the following:
(1) A public
safety vehicle; or
(2) A vehicle
involved in an emergency wherein the operator of said vehicle reasonably
believes that use of the engine compression brake is necessary to
avoid or mitigate a collision or accident.
Nothing herein contained shall be construed
to apply to church bells or chimes. Nothing herein contained shall
be construed to apply to farmers under the Right to Farm Act.
[Amended 12-6-2004 by Ord. No. 40-2004]
Any person who shall violate this chapter shall,
upon conviction thereof, pay a fine not exceeding $1,250, imprisonment
for a term not exceeding 90 days or a period of community service
not exceeding 90 days for each offense.