[HISTORY: Adopted by the Mayor and Council of the Borough
of Penns Grove 10-18-1977 by Ord.
No. 77-9 (Ch. 161 of the 1986 Code). Amendments
noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
The sound-pressure level in decibels as measured on a sound-level
meter using the A-weighting network. The level so read is designated
dBA.
Defined as in the Motor Vehicle Code of the State of New
Jersey.
Defined as in the Motor Vehicle Code of the State of New
Jersey.
A device for abating the sound of escaping gases of an internal
combustion engine.
Any sound which annoys or disturbs humans or which causes
or tends to cause an adverse psychological or physiological effect
on humans.
Any sound which is capable of being heard or perceived by
a person of normal aural range at a distance of 50 feet or greater
or which disturbs a reasonable person of normal sensitivities or endangers
or injures personal or real property.
[Amended 5-1-1990 by Ord.
No. 90-8]
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.
Any street, avenue, boulevard, highway, sidewalk or alley
or similar place which is owned or controlled by a governmental entity.
[Amended 5-1-1990 by Ord.
No. 90-8; 9-2-2008 by Ord. No. 2008-12]
A.
No person shall make, continue or cause to be made or continued any
loud, unnecessary or unusual noise or any noise which does or is likely
to annoy, disturb, injure or endanger the comfort, repose, health,
peace or safety of others.
B.
No person shall allow a person on premises or within a structure
under his or her control, as an owner or lessee, to make, continue
or cause to be made or continued any loud, unnecessary or unusual
noise or any noise which does or is likely to annoy, disturb, injure
or endanger the comfort, repose, health, peace or safety of others.
[Added 9-2-2008 by Ord.
No. 2008-12]
A.
Without intending to limit the generality of § 315-2, the following acts are hereby declared to be examples of loud, disturbing and unnecessary noise in violation of this chapter:
(1)
Radios; televisions; phonographs.
(a)
The playing, use or operation of any radio receiving set, television,
musical instrument, 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 neighboring inhabitants or with louder
volume than is necessary for convenient hearing for persons who are
in the room, vehicle or chamber in which the machine or device is
operated and who are voluntary listeners; or
(b)
The operation of such a set, instrument, phonograph, machine
or device so that it is clearly audible across real property boundaries
or through partitions common to two parties within a building or clearly
audible at 50 feet from such device when operated within a motor vehicle
parked on a public right-of-way or on a public space or within a boat.
(2)
Yelling; shouting. Yelling, shouting, hooting, whistling or singing
on the public streets which annoys or disturbs the quiet, comfort
or repose of persons in any office, dwelling, hotel or other type
of residence or of any persons in the vicinity.
(3)
Animals; birds. The keeping of animals or birds which, by causing
frequent or long continued noise, disturbs the comfort or repose of
any person in the vicinity.
(4)
Horns. The sounding of a horn or warning device on an automobile,
motorcycle, bus or other vehicle except when required by law or when
necessary to give timely warning of the approach of the vehicle or
as a warning of impending danger to persons driving other vehicles
or to persons on the street. No person shall sound a horn or warning
device on an automobile, motorcycle, bus or other vehicle which emits
an unreasonably loud or harsh sound or for an unnecessary or unreasonable
period of time.
(5)
Exhaust. The discharge into the open air of the exhaust of an engine,
stationary internal combustion engine or motor vehicle, except through
a muffler or other device which will effectively prevent loud or explosive
noises. In addition, the modification of an exhaust system in a motor
vehicle in a manner which will amplify or increase the noise emitted
by such vehicle above that by the exhaust system originally installed
on the vehicle.
(6)
Defect in vehicle or load. The use of an automobile, motorcycle or
vehicle so out of repair or so loaded that it creates loud and unnecessary
grating, grinding, rattling or other noise.
(7)
Construction or repair. The carrying on of any excavation, demolition,
construction, repair or alteration work other than between the hours
of 7:30 a.m. and 6:00 p.m., or 1/2 hour after sunset, whichever is
earlier, on Monday through Friday and between the hours of 9:00 a.m.
and 12:00 noon on Saturday. Property owners and tenants may carry
on construction, repairs or alteration work on property they own or
lease on Saturday and Sunday between the hours of 9:00 a.m. and 5:00.
Commercial activities relating to excavation, demolition, construction,
repairs or alteration work are prohibited on Sunday, Good Friday,
Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas
Day and New Year's Day. In case of urgent necessity or in the
interest of public health or safety, the Construction Code Official
may grant a permit for excavation, demolition, construction, repair
or alteration for a period not to exceed three days for work to be
carried on over a twenty-four-hour basis.
(8)
Schools; courts; churches; hospitals. The creation of excessive noise
on a street adjacent to a school, institution of learning, church
or court while in use or adjacent to a hospital which unreasonably
interferes with the working of the institution or which disturbs or
unduly annoys patients in the hospital, provided that conspicuous
signs are displayed in such a street indicating that it is a school,
church, hospital or court street.
[Amended 7-5-2017 by Ord.
No. 2017-5]
(9)
Public use of sound-creating devices. The operation of any form of
a sound-creating device, vocal or instrumental, human or mechanical
or otherwise, on the sidewalks, streets and highways or other public
places of the Borough, for or without profit, for the purpose of attracting
the attention of the public to and the advertisement of any business,
sport, exhibition, entertainment, spectacle, undertaking, happening,
occasion and any other event, or the operation in any building or
on any premises or on any public street of the Borough of any radio
device or mechanical musical instrument or device of any kind whereby
the sound is cast directly or indirectly upon any public street or
place and where such device is maintained and operated for advertising
purposes or for the purpose of attracting the attention of the passing
public or which is so placed and operated that the sounds coming therefrom
can be heard to the annoyance or inconvenience of persons upon any
street or public place or in neighboring premises, provided that the
prohibition herein contained shall not be applicable to any parade
for which a permit has been issued.
[Amended 7-5-2017 by Ord.
No. 2017-5]
(10)
Motor vehicles and motorcycles.
(a)
Unreasonable noise disturbances made, continued or caused to
be made by the operation of a motor vehicle or motorcycle.
(b)
Repairing, rebuilding, modifying or testing any motor vehicle
or motorcycle in such a manner as to cause a noise disturbance.
(c)
Operating or causing to be operated a public or private motor
vehicle or motorcycle on a public right-of-way at any time in such
a manner that the sound level emitted by the motor vehicle or motorcycle
exceeds the level set forth in Table 1:
|
Table 1
Motor Vehicle and Motorcycle Sound Limits
(measured at 15 feet or 15 meters)
| |||
|---|---|---|---|
|
Sound Level
(dBA)
| |||
|
Vehicle Class
|
Speed Limit 35 mph or Less
|
Speed Limit Over 35 mph
| |
|
Any motorcycle
|
82
|
86
| |
|
Any motor vehicle
|
76
|
82
| |
(d)
The operation of any motor vehicle or motorcycle not equipped
with a muffler or sound-dissipative device in good working order and
in constant operation.
(11)
Engine braking. The use or operation, at any time and on any
road within the Borough of Penns Grove, of any mechanical exhaust
or decompression device, also known as "engine braking." "Engine braking,"
as used herein, shall mean the use or operation of any mechanical
exhaust device designed to aid in the braking, decompression or deceleration
of any motor vehicle which results in loud or unusual noise from such
vehicle and shall include engine compression brakes. The provisions
herein regarding engine braking shall not apply where conventional
vehicle brakes have failed, resulting in an emergency making necessary
the use of engine braking, or to emergency equipment being used for
emergency purposes.
B.
The above enumeration is intended to give typical illustrations of
prohibited noise and shall not be construed as exclusive.
[Added 9-2-2008 by Ord.
No. 2008-12]
A.
The reasonable use of bells, chimes or sound amplifiers by churches
engaged in church activities, subject to the permission of the Mayor
and Council.
B.
Activities of municipal departments in the performance of their duties,
drills or public demonstrations.
C.
Activities in public parks, playgrounds or public buildings under
permission or authority of municipal officials.
D.
The playing by a band or orchestra in a hall or building or in the
open air, where duly authorized.
E.
School band practice.
F.
School- and Borough-sponsored sporting events.
G.
Borough-approved parades and/or similar celebrations or events.
H.
Noise from domestic power tools and lawn mowers when operated with
a muffler between the hours of 8:00 a.m. and 8:00 p.m.
I.
Noise from construction activity, provided that all motorized equipment used in such activity is equipped with functioning mufflers, and subject to the restrictions on days and hours of construction activity in § 315-3A(7).
[Amended 7-5-2017 by Ord.
No. 2017-5]
J.
Noise from snowblowers, snow throwers, and snowplows when operated
with a muffler for the purpose of snow removal.
K.
Noise from stationary emergency signaling devices that conforms to
the provisions of N.J.A.C. 7:29.
L.
Noise from an exterior burglar alarm of any building or motor vehicle,
provided that such burglar alarm shall terminate its operation within
30 minutes after it has been activated.
M.
Noise from agricultural equipment.
N.
The emission of sound for the purpose of alerting persons to the
existence of an emergency.
O.
The emission of sound in situations within the jurisdiction of the
Federal Occupational Safety and Health Act.
[Amended 6-17-1986 by Ord. No. 86-5; 9-2-2008 by Ord. No. 2008-12]
A.
Issuance of summons. Violation of any provision of this chapter shall
be cause for a summons to be issued by police.
[Amended 7-5-2017 by Ord.
No. 2017-5]
B.
Abatement orders.
(1)
In lieu of issuing a summons, a police officer may issue an order
requiring abatement of any source of sound alleged to be in violation
of this chapter within a reasonable time period according to guidelines
which the police officer may prescribe. Noncompliance with an abatement
order will result in a summons being issued.
C.
Penalties.
(1)
Any person who violates any provision of this chapter shall be subject to a penalty, for each offense, of not less than $100 nor more than $2,000, except as provided in Subsection C(2).
(2)
Any person who is convicted of violating this chapter within one
year of the date of a previous violation of this chapter and who was
fined for the previous violation shall be sentenced by the court to
an additional fine as a repeat offender. The additional fine imposed
by the court upon a person for a repeated offense shall not be less
than the minimum or exceed the maximum fine fixed for a violation
of this chapter but shall be calculated separately from the fine imposed
for the violation of this chapter.
[Added 9-2-2008 by Ord.
No. 2008-12]
No provision of this chapter shall be construed to impair any
common law or statutory cause of action, or legal remedy therefrom,
of any person for injury or damage arising from any violation of this
chapter or from other law.
