[HISTORY: Adopted by the Township Committee of the Township of Mullica 8-24-1999 by Ord. No. 5-99. Amendments noted where applicable.]
Noise as nuisance — See § 248-1.
This chapter shall be known as the "Mullica Township Noise Control Ordinance" and shall apply to the control of all sound and vibration originating within the Township limits.
The following terms shall have the following meanings when used in this chapter.
- Any site preparation, assembly, erection, substantial repair, alteration or similar action, but excluding demolition, for or of public or private rights-of-way, structures, utilities or similar property.
- Any dismantling, intentional destruction or removal of structures, utilities, public or private right-of-way services or similar property.
- Any occurrence or set of circumstances involving actual or eminent physical trauma or property damage which demands immediate action.
- EMERGENCY WORK
- Any work performed for the purpose of preventing or alleviating the physical trauma or property damages threatened or caused by an emergency.
- IMPULSIVE SOUND
- Sound of short duration, usually less than one second, with an abrupt onset and rapid decay. Examples of sources of impulsive sound include explosions, drop force impact and the discharge of firearms.
- MOTOR VEHICLE
- Any vehicle which is propelled or drawn on land by a motor, such as, but not limited to passenger cars, trucks, truck trailers, semitrailers, campers, go-carts, snowmobiles, amphibious craft on land, dune buggies or racing vehicles, but not including motorcycles.
- Any sound which annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans.
- NOISE CONTROL OFFICER
- Individuals empowered with enforcement of the terms of this chapter.
- NOISE DISTURBANCE
- Any sound which endangers or injures the safety or health of humans or animals or annoys and disturbs a reasonable person of normal sensitivity or endangers or injures personal or real property.
- Any individual, association, partnership or corporation including any officer, employee, department, agency or instrumentality thereof.
- PUBLIC RIGHT-OF-WAY
- Any street, avenue, boulevard, highway, sidewalk or alley or similar place which is owned or controlled by a governmental entity.
- PUBLIC SPACE
- Any real property or structures thereon which are owned or controlled by a governmental entity.
- An oscillation and pressure, particle displacement, particle velocity or other physical parameter, in a medium with internal forces that cause compression and ramification of that medium. A description of sound may include any characteristic of such sound, including duration, intensity and frequency.
- An oscillatory motion of solid bodies of deterministic or random nature described by displacement, velocity or acceleration with respect to a given reference point.
- Any day Monday through Friday which is not a legal holiday.
The Noise Control Officer shall be as appointed by the Township Committee of Mullica and shall be responsible with ensuring the enforcement of the conditions of this chapter. Said official may serve a dual role such as being a police officer, Building Inspector or Zoning Officer as well as performing the duty of Noise Control Officer.
No person shall unreasonably make, continue or cause to be made or continued any noise disturbance. Noncommercial public speaking and public assembly activities conducted on any public space or right-of-way shall be exempt from provisions of this chapter.
The following acts, and the causing thereof, are declared to be in violation of this chapter:
Operating, playing or permitting the operation or playing of any radio, television, phonograph, drum, musical instrument, sound amplifier or similar devices which produce, reproduce or amplify sound at any time between the hours of 10:00 p.m. and 7:00 a.m. the following day in such a manner as to create a noise disturbance across another property or in such a manner as to create a noise disturbance at a distance of 50 feet from such device when operated in or on a motor vehicle on a public right-of-way or public space or in a boat on public waters.
Using or operating for any noncommercial purpose any loudspeaker, public address system or similar device between the hours of 10:00 p.m. and 8:00 a.m. the following day such that the sound therefrom creates a noise disturbance which travels to the property of another.
Operating or permitting the operation of any tools or equipment used in construction, drilling or demolition work between the hours of 10:00 p.m. and 7:00 a.m. the following day in such a manner as to cause a noise disturbance which travels to another property. This section shall not apply to any necessary emergency work being performed concerning public utilities. This section shall also not apply to the use of domestic power tools or home repair.
The intentional sounding or permitting the sounding outdoors of any fire, burglar or civil defense alarm, siren, whistle or similar stationary emergency signal device for any reason other than its intended purpose between the hours of 10:00 p.m. and 7:00 a.m.
Operating or permitting the operation of any mechanically powered saw, sander, drill grinder, lawn or garden tool used outdoors in residential zones between the hours of 10:00 p.m. and 7:00 a.m. the following day so as to cause a noise disturbance which travels to another property.
Upon any violation of this chapter, an owner of property will first be given an abatement order, ordering said property owner to stop and desist from producing said offending noise disturbance from the property in question. If said property owner violates this section a second time and has not abated said noise disturbance after receiving the first notice thereof, a summons shall be issued indicating a violation of this chapter. No abatement will be necessary if the noise disturbance is such so as to cause an immediate threat to the health, safety and welfare of persons or property in the Township of Mullica.
Any person who is found guilty of violating this chapter shall be subject to a fine of up to $1,000.
No provision of this chapter shall be construed to impair any common law or statutory cause of action or legal remedy therefrom, regarding any injury or damage arising from any violation of this chapter or any other law.