[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:
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:
[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.
A.
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.
B.
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.
C.
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."
D.
MOTORBOAT
POWERED MODEL VEHICLES
REAL PROPERTY BOUNDARY
SOUND LEVEL
VEHICLE REPAIRS OR TESTING
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.
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.
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.
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.
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.
A.
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]
B.
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:
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
(7)
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]
(8)
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.)
(9)
Hawkers and peddlers: the shouting and crying of peddlers,
hawkers and vendors which disturbs the peace and quiet of the neighborhood.
(10)
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.
(11)
Mobile loudspeakers: the use of mechanical loudspeakers
or amplifiers on vehicles or aircraft for commercial advertising purposes.
(12)
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.
(13)
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]
C.
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:
|
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.
