As used in this chapter, the following terms
shall have the meanings indicated:
COMMERCIAL AREA
All areas defined as commercial in the Zoning Ordinance of
Carneys Point Township.
CONSTRUCTION
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.
DECIBEL (DB)
A unit for measuring the volume of a sound, equal to 20 times
the logarithm to the base 10 of the ratio of the pressure of the sound
measured to the reference pressure, which is 20 micropascals [20 micronewtons
per square meter].
DEMOLITION
Any dismantling, intentional destruction or removal of structures,
utilities, public or private right-of-way surfaces or similar property.
EMERGENCY
Any occurrence or set of circumstances involving actual or
imminent 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 damage threatened or caused by an
emergency.
GROSS VEHICLE WEIGHT RATING (GVWR)
The value specified by the manufacturer as the recommended
maximum loaded weight of a single motor vehicle. In cases where trailers
and tractors are separable, the gross combination weight rating (GCWR),
which is the value specified by the manufacturer as the recommended
maximum loaded weight of the combination vehicle, shall be used.
HOLIDAY
New Year's Day, Easter, Memorial Day, Independence Day, Labor
Day, Thanksgiving and Christmas.
MOTORBOAT
Any vessel which operates on water and which is propelled
by a motor, including but not limited to boats, barges, amphibious
craft, water-ski towing devices and hover craft.
MOTORCYCLE
As in the Motor Vehicle Code of the State of New Jersey.
MOTOR VEHICLE
As in the Motor Vehicle Code of the State of New Jersey.
NOISE
Any sound which annoys or disturbs humans or which causes
or tends to cause an adverse psychological or physiological effect
on humans.
NOISE DISTURBANCE
Any sound which endangers or injures the safety or health
of humans or animals or annoys or disturbs a reasonable person of
normal sensitivities or endangers or injures personal or real property.
PERSON
Any individual, association, partnership or corporation,
and includes any officer, employee, department, agency or instrumentality
of a state or any political subdivision of a state or federal agency
not associated with national defense.
POWERED MODEL VEHICLE
Any self-propelled air-borne, waterborne or landborne plane,
vessel or vehicle, which is not designed to carry persons, including,
but not limited to, any model airplane, boat, car or rocket.
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 there on which are owned
or controlled by a governmental entity.
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.
RESIDENTIAL AREA
All areas defined as residential in the Zoning Ordinance
of Carneys Point Township.
SOUND
An oscillation in pressure, particle displacement, particle
velocity or other physical parameter, in a medium with internal forces
that cause compression and rarefaction of that medium. The description
of sound may include any characteristic of such sound, including duration,
intensity and frequency.
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
for sound-level meters (ANSI S1.4-1971, or the latest approved revision
thereof). If the frequency weighting employed is not indicated, the
A-weighting shall apply.
SOUND-LEVEL METER
An instrument which includes a microphone, amplifier, r.m.s.
detector, integrator or time averager, output meter and weighting
networks used to measure sound-pressure levels and meets ANSI S-1.4.
WEEKDAY
Any day, Monday through Friday, which is not a legal holiday.
No person shall unreasonably make, continue
or cause to be made any noise or disturbance defined as follows:
A. Construction: operating or permitting the operation
of any tools or equipment used in construction, drilling or demolition
work.
(1) Between the hours of 10:00 p.m. and 7:00 a.m. the following day on weekdays and Saturdays or at any time on Sundays or holidays, such that the sound therefrom creates a noise of disturbance across a residential real property boundary. This subsection shall not apply to activities defined in §
138-5 of this chapter.
(2) This section shall not apply to the use of domestic power tools subject to Subsection
D of this section.
B. Places of public entertainment: operating, playing
or permitting the operation or playing of any radio, television, phonograph,
drum, musical instrument, sound amplifier or similar device which
produces, reproduces or amplifies sound in any place of public entertainment
at a sound level greater than 86 dBA, as read by the slow response
on a sound-level meter at any point that is normally occupied by a
customer, unless a conspicuous and legible sign is located outside
of such place, near each public entrance, stating WARNING: SOUND LEVELS
WITHIN MAY CAUSE PERMANENT HEARING IMPAIRMENT.
C. Powered model vehicles: operating or permitting the
operation of powered model vehicles so as to create a noise disturbance
across a residential real property boundary or in a public space between
the hours of 8:00 p.m. and 8:00 a.m. the following day.
D. Domestic power tools: operating or permitting the
operation of any mechanically powered saw, drill, sander, grinder,
lawn or garden tool, snowblower or similar device used outdoors in
residential areas between the hours of 10:00 p.m. and 7:00 a.m. the
following day so as to cause a noise disturbance across a residential
real property boundary.
No person shall operate or cause to be operated
any recreational motorized vehicle off a public right-of-way in such
a manner that the sound level emitted therefrom exceeds the limits
set forth in Table 2 at a distance of 50 feet [15 meters] or more
from the path of the vehicle when operated on a public space or at
or across the boundary of private property when operated on private
property. This section shall apply to all recreational motorized vehicles,
whether or not duly licensed or registered, including but not limited
to commercial or noncommercial racing vehicles, motor vehicles, motorcycles,
go-carts, snowmobiles, amphibious craft, campers and dune buggies,
but not including motorboats.
Table 2 Recreational Motorized Vehicle
Sound Limits
(measured at 50 feet or 15 meters)
|
---|
Vehicle Type
|
Sound Level
(dBA)
|
---|
Snowmobile
|
|
Unit manufactured before 1975
|
82
|
Unit manufactured after 1975
|
78
|
Motorcycle
|
|
Unit manufactured before 1975
|
86
|
Unit manufactured after 1975
|
84
|
Any other vehicle
|
|
Unit manufactured before 1975
|
84
|
Unit manufactured after 1975
|
80
|
The provisions of this chapter shall not apply
to the following:
A. The emission of sound for the purpose of alerting
persons to the existence of a fire or other emergency within the boundary
of the Township.
B. The emission of sound from a vehicle operated by the
Police Department, Fire Department or rescue squad of this Township.
C. The emission of sound in the performance of emergency
work by public utilities and private businesses performing the functions
of public utilities, including but not limited to public utilities
and private businesses which provide natural gas and other fuels,
sewerage, water, electricity and telephone service to the residents
of the Township.
D. The emission of sound in the performance of all necessary
activities in the supply of natural gas and other fuels, sewerage,
water, electricity and telephone to the residents of Carneys Point
Township by public utilities and private businesses performing the
functions of public utilities.
E. The emission of any sound relating to the construction
and repair of public streets, roads and highways, provided that the
Carneys Point Township Committee, by resolution, approves in advance
the construction or repair project, the hours during which said project
is permitted and subject to any limitations or conditions as may be
imposed by said resolution.
[Added 5-24-2000 by Ord. No. 677]
This chapter shall apply to the control of all
sound originating within the limits of Carneys Point Township.
This chapter may be cited as the "Noise Control
Ordinance of Carneys Point Township."
[Added 12-14-1994 by Ord. No. 573]
No person shall cause, suffer, allow or permit
excessive noise by the use, playing or operation of any electronic
sound system such as a radio, television, tape player, boom box, amplifier
or similar device that reproduces or amplifies sound under the following
conditions:
A. While being and having such device in or upon any
public or quasi-public place, such as a street, sidewalk, building,
park, shopping center, parking area or other public or quasi-public
space; or
B. While being and having such device in a private building.
[Added 12-14-1994 by Ord. No. 573]
It shall be prima facie evidence that the noise
generated is excessive or that an electronic sound system has been
improperly used under either of the following circumstances:
A. If the sound generated is audible by human ear at
a distance of at least 100 feet straight line measure from its point
of origin; or
B. If the sound generated in a private building is audible
by human ear through a common partition wall.