[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:
A. 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.
B. 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.
C. 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.
D. 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.
E. 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.
F. 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:
A. The singular number includes the plural and the plural,
the singular.
B. The present tense includes the past and future tenses
and the future, the present.
C. "Person" shall mean any corporation, firm, partnership,
association, organization or other entity as well as an individual.
[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.
No person shall make, continue or cause to permit
to be made or continued any unnecessary noise.
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:
Sound Level Limits
(dBA)
|
Sound Source
Property
Category
|
|
|
Receiving Property Category
|
|
|
|
Residential
|
|
Commer-
cial
|
|
Another Dwelling Within a Multi- Dwelling-Unit
Building
|
|
|
7:00 a.m. to. 10:00 p.m.
|
10:00 p.m to 7:00 a.m.
|
7:00 a.m. to 10:00 p.m.
|
10:00 p.m. to 7:00 a.m.
|
All Times
|
Any location within a multi-dwelling-unit building
|
45
|
40
|
55
|
50
|
65
|
Residential
|
|
|
55
|
50
|
65
|
Commercial or public spaces or rights-of-way
|
|
|
65
|
50
|
65
|
The prohibitions contained in this article shall
not apply to persons:
A. 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.
B. 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.
C. Who are engaged in any activity specifically permitted
or required by any ordinance, resolution, statute or governmental
regulation.
D. 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.