[HISTORY: Article I adopted by the Township Committee (now Council) of the Township of Galloway as indicated in article history. Article II et seq. adopted by the Township Council of the Township of Galloway as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-21-1973 by Ord. No. 444]
The following acts are declared to be loud, disturbing and unnecessary noises in violation of this article, namely:
The using, operating or permitting to be played, used or operated any radio, television, hi-fi, stereo, 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 any persons in the vicinity. The operation of any such machine or device between the hours of 11:00 p.m. and 7:00 a.m. in such a manner as to be plainly audible at a distance of 50 feet from the building, structure, device or vehicle in which it is located shall be prima facie evidence of a violation of this section. Any person who causes the production of said sound through the operation of the machines or devices enumerated herein may be deemed a violator of this article.
Yelling, shouting, hooting, whistling or singing or the making of loud and disturbing noises by the use of clappers, bells, horns, musical instruments or similar devices on the public streets or in a vehicle upon the public streets, or in and about a motel, hotel or other public establishment, so as to annoy or disturb the quiet, comfort or repose of persons in neighboring dwellings or places of public accommodation, or of any persons lawfully present.
The keeping of any animal which by causing frequent or long continued noise shall disturb the comfort or repose of any persons in the vicinity.
The maintenance of a loud fan or air-conditioning unit or other cooling or heating device which noise shall be frequent and which noise shall disturb the comfort and repose of any persons in the vicinity.
The creation of loud and excessive noises in connection with the loading or unloading of any vehicle or the opening and destruction of bales, boxes, crates and containers.
Maintaining a commercial establishment from which loud noises emanate either as a result of a mechanical or musical device, live entertainment or patrons. It shall be prima facie evidence of a violation of this article if the noise is plainly audible 100 feet from the place where it emanates between the hours of 11:00 p.m. and 7:00 a.m.
Any persons who are voluntarily present at any place where any loud noise as described above emanates, with or without the use of mechanical devices, shall be deemed to have violated this article, and every person present at such a gathering may be subject to prosecution as a violator of this article, with the exception of patrons of commercial establishments producing noise through the operation of mechanical devices.
For the purpose of this article, and except as the context may otherwise require:
[Amended 6-28-2005 by Ord. No. 1609; 12-13-2016 by Ord. No. 1951-2016]
Any person convicted by the Municipal Judge of the Township of Galloway for the violation of any provision of this article shall, upon conviction thereof, be subject to a fine of not more than $2,000, imprisonment for not more than 90 days and/or a period of community service for not more than 90 days. Each violation shall constitute a separate offense.
In the event that any of the provisions hereof are in conflict with any other provisions of any other ordinances of the Township of Galloway, the more restrictive of the two shall prevail.
[Adopted 8-24-1993 by Ord. No. 1137]
It is hereby found and declared that it is the public policy of the Township of Galloway to significantly reduce the ambient noise level in the Township of Galloway, so as to foster and protect the public health, comfort, safety and welfare of its citizens. As a matter of legislative determination and public policy, the provisions, regulations and prohibitions of this article are in pursuance of and for the purpose of securing and promoting the comfort, peace and quiet to which the residents of the Township of Galloway are entitled.
All acoustical words and terms shall have the meanings set forth in the publication of the American National Standards Institute, New York, New York, entitled "Acoustical Terminology," USASI SI. 1-1960.
All equipment used in making acoustical measurements shall meet or exceed the requirements set forth in the publication of said Institute, entitled "Specification for General Purpose Sound Level Meters," USASI SI. 4-1961.
All such measurements so made shall be made in full accordance with the methods and procedures set forth in USASI SI. 2-1962, entitled "Methods for the Physical Measurement of Sound."
The following terms shall have the meanings indicated:
- Any vehicle which is primarily operated on water or which does operate on water, such as boats, barges, amphibious crafts or Hovercraft, and which is propelled by mechanical power.
- POWERED MODEL VEHICLES
- Any powered vehicle, either airborne or waterborne or landborne, which is designed not to carry persons or property, such as but not limited to model airplanes, boats, cars and rockets and which are being propelled by mechanical means.
- REAL PROPERTY BOUNDARY
- Any imaginary line along the ground surface and its vertical extension, which separates the real property owned by one person from that owned by another person, but not including intrabuilding real property divisions.
- SOUND LEVEL
- The weighted sound-pressure level obtained by the use of a sound-level meter and frequency weighting network, such as A, B, or C, as specified in American National Standards Institute specifications or sound-level meters (ANSI SI. 4-1971, or the latest approved revision thereof). If the frequency weighting employed is not indicated, the A-weighting shall apply.
- VEHICLE REPAIRS OR TESTING
- Repairing, rebuilding, modifying or testing any motor vehicle, off-road vehicle or motorboat in or near residential use districts in such a manner as to cause noise disturbances or to violate the provisions of this article.
No person shall make, continue or cause to permit to be made or continued any unnecessary noise.
Unless exempted under the provisions of this article, no person shall cause, allow, or otherwise permit to be made, directly or indirectly, any loud noise which disturbs, injures or endangers the health, comfort, safety or welfare of others within the Township of Galloway. It is specifically intended that a landlord shall be responsible for the actions of his tenants or any persons residing within the leased premises.
[Amended 9-14-1993 by Ord. No. 1138]
The following specific acts are declared to be loud, disturbing and unnecessary noises in violation of this article, but said enumeration shall not be deemed to be exclusive:
Horns, signaling devices, etc.: the sounding of any horn or signaling device on any automobile, motorcycle, bus, truck or other vehicle on any street, road or public place, except as a warning, pursuant to the provisions of N.J.S.A. 39:3-69, whistle or other device operated by engine exhaust and the use of any such signaling device when traffic is held up for any reason.
Radio and television sets, phonographs, etc.: the use of radio or television receiving sets, musical instruments, phonographs or any other machines or devices for the producing or reproducing of sound in such a manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or visitors to the Township of its recreation areas at any time, with volume louder than is necessary for convenient hearing of the person or persons who are in the room or vehicle or on the street or recreation area in which such machine or device is operated and who are voluntary listeners thereto. The operation of any such device in such a manner as to be plainly audible at a distance of 50 feet from the building, structure, vehicle or place in which it is located or, in the case of such instruments operated in the open, at a distance of 50 feet from the instrument shall be prima facie evidence of a violation of this section.
Loudspeakers and amplifiers for advertising: the use 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 purposes of commercial advertising.
Animals, birds, etc.: the keeping of any animal or bird which, by causing frequent or long-continued noise, shall disturb the comfort or repose of persons residing in the vicinity.
Exhaust: the discharge into the open air of the exhaust of any internal-combustion engine except through an adequate muffler or other device which will effectively prevent loud or excessive noises therefrom. (See N.J.S.A. 39:3-70 for the state law regarding muffler requirements on motor vehicles and Chapter 6, Water Craft Noise Control, 7:6-6.1 of the New Jersey Rules and Regulations.) This restriction includes by way of example and not by way of limitation internal-combustion engines powering motor vehicles, motorboats, watercraft, vessels, chain saws and lawn mowers.
Loading and unloading: the creation of a loud and excessive noise in connection with loading and unloading any vehicle or the opening or destruction of bales, boxes, crates and containers.
Construction or repairing of buildings: the erection (including excavating), demolition, alteration or repair of any building other than between the hours of 7:00 a.m. to 7:00 p.m. Monday through Saturday and 8:00 a.m. to 6:00 p.m. on Sunday, except in the case of urgent necessity in the interest of public health and safety, and then only with a permit from the Construction Code Official, which permit may be granted for a period not to exceed three days while the emergency continues and which permit may be renewed for a period of three days or less while the emergency continues.
[Amended 2-12-2002 by Ord. No. 1493]
Schools, courts, churches and hospitals: the creation of any excessive noise adjacent to any school, institution of learning, house of worship or judicial 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 on the adjacent streets indicating that the same is a school, hospital, church or court street. (Note: For the state statute creating a disorderly persons offense for disturbing schools, churches, libraries and other places of assembly, see N.J.S.A. 2C:33-8.)
Hawkers and peddlers: the shouting and crying of peddlers, hawkers and vendors which disturbs the peace and quiet of the neighborhood.
Drums, bells and the like: the use of any drum, bell, horn, loudspeaker or other instrument or device for the purpose of attracting attention to any performance, show or sale or the display of merchandise by any creation of noise or sound.
Mobile loudspeakers: the use of mechanical loudspeakers or amplifiers on vehicles or aircraft for commercial advertising purposes.
Yelling, shouting and the like: yelling, shouting, hooting, whistling or singing on the public streets at any time or place so as to annoy or disturb the quiet, comfort or repose of persons in any office, dwelling, hotel, motel or other type of residence or of any persons in the vicinity.
Lawn mowers and chain saws: the use of lawn mowers and chain saws, powered by internal-combustion engines, may only be operated between the hours of 7:00 a.m. to 8:00 p.m. Monday through Friday and 8:00 a.m. to 8:00 p.m. on Saturdays and Sundays.
[Amended 2-12-2002 by Ord. No. 1493]
If any person who is not exempted under the provisions of this article shall cause to be made any of the noises prohibited under this section, and if said noises shall be proved to be in violation of the sound levels prescribed under § 253-10 below, said proof shall be sufficient to prove a violation under this section.
No person shall operate or cause to be operated on private property any sources of sound in such a manner as to create a sound level which exceeds the limits set forth for the receiving land use category in the following table when measured at or within the property boundary of the receiving land use:
The prohibitions contained in this article shall not apply to persons:
Who are engaged in the performance of any public or governmental function, such as the sounding of a church or school bell or police, fire, ambulance, air raid or like disaster warning, alert or alarm, whether such alarm is for any actual emergency purpose or for practice or drilling purposes.
Who are engaged in a religious, charitable, recreational, civic or political activity by means of a sound truck or other amplifying device for nonprofit purposes, provided that such persons shall have first obtained a permit from the Township of Galloway, upon written application, setting forth the sponsorship, date, hours and routes of such activity. The Township shall not issue such permit unless, having considered the date, time and route, it shall determine that the noise created by such activity shall not cause undue discomfort to the public.
Who are engaged in any activity specifically permitted or required by any ordinance, resolution, statute or governmental regulation.
Persons employed by public utility companies engaged in emergency repair services between the hours of 6:00 p.m. and 8:00 a.m.; provided, however, that such noise does not exceed levels reasonably necessary to accomplish such work.
[Amended 6-28-2005 by Ord. No. 1609; 12-13-2016 by Ord. No. 1951-2016]
Any person who shall violate any of the provisions of this article or any order promulgated hereunder shall, upon conviction, be punished by a fine of not more than $2,000, imprisonment for not more than 90 days and/or a period of community service for not more than 90 days. Each violation of any of the provisions of this article and each day that such violation shall continue shall be deemed to be a separate and distinct offense.