This chapter may be cited as the "Noise Control Ordinance of the Borough of Glassboro."
[Amended 5-28-2002 by Ord. No. 02-10]
As used in this chapter, the following terms shall have the meanings indicated:
BUSINESS Any commercial, industrial and/or nonresidential activity.
PERSON Includes any individual, corporation, firm, association, club or partnership.
PLAINLY AUDIBLE Any sound that can be detected by a person using his or her unaided hearing faculties. The detection of the rhythmic bass component of music is sufficient to constitute a plainly audible sound.
[Amended 5-22-2001 by Ord. No. 01-27; 5-28-2002 by Ord. No. 02-10]
A. Personal or commercial music amplification or reproduction equipment or other machine or device for the production or reproduction of sound shall not be operated in such a manner that it is plainly audible at a distance of 50 feet in any direction from the operator between the hours of 8:00 a.m. and 10:00 p.m. Between the hours of 10:00 p.m. and 8:00 a.m., sound from such equipment shall not be plainly audible at a distance of 25 feet in any direction from the operator.
B. Self-contained, portable, handheld music or sound-amplification or -reproduction equipment shall not be operated on a public space or public right-of-way in such a manner as to be plainly audible at a distance of 50 feet in any direction from the operator between the hours of 8:00 a.m. and 10:00 p.m. Between the hours of 10:00 p.m. and 8:00 a.m., sound from such equipment shall not be plainly audible by any person other than the operator.
No person shall create any unreasonably loud disturbance or unnecessary noise of such character, intensity or duration as to disturb the peace, quiet and comfort of the neighboring residents, or to the annoyance or inconvenience of travelers on the streets or persons in neighboring premises. The creation of any unreasonably loud, disturbing and unnecessary noise in the Borough is hereby prohibited. There is further prohibited any noise of such character, intensity or duration as is detrimental to the life or health of any individual.
Nothing herein contained shall be construed to prohibit playing by a band in any authorized parade or orchestra in a hall or building for the purpose of dancing or entertainment or religious service or community sponsored or operated.
No person shall sound 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 a vehicle or as a warning of impending 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 an unnecessary or unreasonable period of time.
[Amended 6-24-2008 by Ord. No. 08-45; 1-27-2009 by Ord. No. 09-01]
No individual, person, corporation, business entity, partnership or sole proprietor shall, on any day of the week or weekends between the hours of 6:00 p.m. and 7:00 a.m., perform any excavation, demolition, construction, alteration, repair or any other type of building operation which is within 1,000 feet of any dwelling or business property, nor operate or use any steam shovels, tractors, excavators, pneumatic hammers, pile drivers, derricks, steam or electric hoists or any tools or equipment which shall make any loud or disturbing noise, except in cases of urgent necessity in the interests of public safety, and then only upon obtaining a permit from the Building Inspector.
No hawker, peddler or vendor shall sound or cry out his wares upon any street or public place between the hours of 7:00 p.m. and 7:00 a.m.
No business shall create or permit in connection with the conduct of its business any loud or excessive noise in connection with the loading or unloading of any vehicle or other opening or destruction of any boxes, crates or other containers between the hours of 10:00 p.m. and 6:00 a.m.
No person shall use any drum, loudspeaker or other instrument or device or create any noise for the purpose of attracting attention to any performance, show or sale or display of merchandise, wares and other goods for sale.
No person shall create any loud or excessive noise on any street adjacent to any school, institutions of learning or to any hospital which shall unreasonably interfere with the workings of such institutions, provided that conspicuous signs are displayed in such streets indicating that the same is a school or hospital street.
[Added 7-24-2012 by Ord. No. 12-41]
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; TecBrake 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 Borough of Glassboro Fire Department or the Borough of Glassboro 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 Borough of Glassboro, County of Gloucester, State of New Jersey.
C. Exclusions. This new section 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.
Any provision of this chapter may be enforced by the local Construction Official, Health Inspector, Police Department or any citizen.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates any provision of this chapter shall be subject to a fine of not more than $2,000, imprisonment for not more than 90 days or community service for not more than 90 days, or any combination thereof, for each offense . Each day of violation of any provision of this chapter shall constitute a separate offense.