Borough of Folsom, NJ
Atlantic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Folsom 5-10-1984 by Ord. No. 170. Amendments noted where applicable.]
GENERAL REFERENCES
Noise caused by animals — See Ch. 74.
Peddling and soliciting — See Ch. 147.

§ 134-1 Policy and intent.

It is hereby found and declared that it is the public policy of the Borough of Folsom to significantly reduce the ambient noise level in the Borough of Folsom, 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 chapter are in pursuance of and for the purpose of securing and promoting the comfort, peace and quiet to which the residents of the Borough of Folsom are entitled.

§ 134-2 Unnecessary noise prohibited.

No person shall make, continue or cause to permit to be made or continued any unnecessary noise.

§ 134-3 Specific noise prohibitions.

A. 
Unless exempted under the provision of this chapter, no person shall cause to be made, directly or indirectly, any loud noise which disturbs, injures or endangers the health, comfort, safety or welfare of others within the Borough of Folsom.
B. 
The following specific acts are declared to be loud, disturbing, and unnecessary noises in violation of this chapter, 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 or private 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 machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or, at any time, with volume louder than is necessary for the convenient hearing of the person or persons who are in the room or vehicle in which such machine or device is operated and who are voluntary listeners thereto. The operation of any such 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, or vehicle 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 create a rebuttable presumption of a violation of this section.
(3) 
Loudspeakers, amplifiers for advertising. The use of any radio receiving set, musical instrument, phonograph, loudspeakers, sound amplifier or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising.
(4) 
Hawkers, peddlers. The shouting and crying of peddlers, hawkers and vendors which disturb the peace and quiet of the neighborhood.
(5) 
Schools, courts, churches. The creation of any excessive noise adjacent to any schools, institution of learning, house of worship or judicial court while the same are in use, provided that the conspicuous signs are displayed on the adjacent streets indicating that the same is a school, church, or court street.
(6) 
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.
(7) 
Mobile loudspeakers. The use of mechanical loudspeakers or amplifiers on vehicles or aircraft for commercial advertising purposes.
(8) 
Yelling, shouting and the like in public streets. 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.
(9) 
Yelling, shouting and the like in private residences. Yelling, shouting, hooting, whistling or singing in private residences or places in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants. Any voluntary participant in such conduct, which creates, in whole or in part, the proscribed conduct shall be a violation of this section to the same degree as the actual perpetrator. Yelling, shouting, hooting, whistling or singing 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 private residence or place shall create a rebuttable presumption of a violation of this section.
(10) 
Commercial establishments. Maintaining a commercial establishment from which loud noises emanate as a result of mechanical, musical devices, live entertainment or patrons. A rebuttable presumption of a violation of this section shall be created if the noise is plainly audible at a distance of 100 feet from the place where it emanates between the hours of 11:00 p.m. and 7:00 a.m.
(11) 
No person shall operate or cause to be operated on private property any source of sound in such manner as to create a sound level which exceeds 65 dBA from 7:00 a.m. to 11:00 p.m. and/or 50 dBA from 11:00 p.m. to 7:00 a.m. when measured at or within the property boundary of the receiving land use.
(12) 
Engine compression brakes.
[Added 6-12-2013 by Ord. No. 05-2013]
(a) 
It shall be unlawful for the operator of a motor vehicle to engage or allow to be engaged, operate or use an engine compression brake or any similar mechanical exhaust device designed to aid in the deceleration of any vehicle within the Borough of Folsom. An “engine compression brake” shall mean any device that utilizes air compression and/or rapid release of compressed air in the cylinders of engines to allow or retard vehicle speed. Examples include, but are not limited to, Jacobs Engine Brake®, also known as Jake brake® engine retarder; Pacbrake® engine brake; TecBrakeTM engine brake; D-Celeterator® diesel exhaust brake; and similar devices that meet the definition. Its prohibition does not apply to any of the following:
[1] 
Public safety vehicles; or
[2] 
Any vehicle involved in an actual emergency in which the operator reasonably believes that the use of the engine compression brake is necessary to avoid or mitigate a collision or accident.
(b) 
Appropriate traffic control signs shall be posted within the Borough at appropriate locations advising motor vehicle operators of this prohibition.

§ 134-4 Exceptions.

The prohibitions contained in this chapter 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 a police, fire, ambulance, air raid or like disaster warning, alert or alarm, whether such alarm be for an actual emergency purpose or for practice or drilling purposes.
B. 
Who are engaged in 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 Borough of Folsom, upon written application, setting forth the sponsorship, date, hours and routes of such activity. The Borough Council shall issue such permit unless, having considered the date, time and route, it shall determine that the noise created by such activity shall 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 service; provided, however, that such noise does not exceed levels reasonably necessary to accomplish such work.

§ 134-5 Violations and penalties; jurisdiction.

A. 
Any person, firm or corporation violating any provision of this chapter shall, upon conviction, be subject to a fine not exceeding $1,250, a term of imprisonment not exceeding 90 days or a period of community service not exceeding 90 days, or any combination thereof.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
The Municipal Court of the Borough of Folsom shall have jurisdiction over this chapter.