[HISTORY: Adopted by the Township Committee of the Township of Lacey 10-24-1991 as Ord. No. 62-91 (Ch. 76 of the 1974 Code). Amendments noted where applicable.]
Lacey Township is a predominantly residential community located in the County of Ocean, State of New Jersey.
The residents of the Township of Lacey have a right to and should be ensured an environment free from excessive sound and vibration or other unnecessary noise that may jeopardize or be detrimental to their health or welfare or safety or which may degrade the quality of life in as well as the environmental integrity of Lacey Township.
A substantial body of science has determined that excessive sound and vibration, as well as other unnecessary community noise, has an adverse effect on and is a serious threat and hazard to the public health, safety and welfare, the quality of life and the integrity of the environment.
The Mayor and Township Committee have determined that portions of the citizenry of Lacey Township are particularly susceptible to the adverse effects of excessive noise and vibrations, as well as other types of community noise.
It has been determined that different types of noise and vibrations have differing effects upon involuntary listeners depending upon multiple factors, including, but not limited to, volume, tone, impulse, frequency and duration.
A substantial body of science and technology exists by which excessive sound and vibration, as well as other unnecessary community noise, may be substantially abated.
Such methods and means of abatement differ depending upon the particular type of noise or vibration involved.
The Township Committee of Lacey Township has determined that a stringent noise control ordinance must be enacted for the protection of the health, welfare and safety of the residents of Lacey Township.
It is therefore ordained that it is hereby declared to be the policy of the Township of Lacey to prevent excessive sound and vibration or other unnecessary community noise which may jeopardize the health and welfare or safety of its citizens or degrade the quality of life in the Township of Lacey.
It is further ordained that this chapter shall apply to the control of all sound and vibration or other unnecessary community noise originating within the limits of the Township of Lacey, except as may be hereinafter expressly provided, it being the purpose of this chapter to preserve and improve the quality of sound, peace and quietness within the township.
As used in this chapter, the following terms shall have the meanings indicated:
- COMMERCIAL AREA
- All zoning districts designated as commercial/industrial OC, C-100, C-150, C-200, C-300, M2 and M6, comprising a group of commercial/industrial facilities and the abutting public rights-of-way and public spaces.
- 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; any work or action necessary to deliver essential services, including but not limited to repairing water, gas, electricity, telephone, sewer facilities or public transportation facilities, removing fallen trees on public rights-of-way or abating life-threatening conditions.
- MUFFLER or SOUND DISSIPATIVE DEVICE
- A device for abating the noise of the exhaust gases of an internal combustion engine or compressor.
- Any excessive, unnecessary or unusually loud sound or sounds which
either annoy, injure, disturb or endanger the comfort, health, repose, peace
or safety of others or which are so harsh, prolonged or unusual in their use,
time and place so as to annoy, disturb or endanger the comfort, health, repose,
peace or safety of others.[Amended 8-27-1992 by Ord. No. 66-92]
- NOISE CONTROL OFFICER
- The municipal official, appointed by the Township Committee, who has the responsibility for the enforcement of this chapter. All members of the Lacey Township Police Department are vested with the authority of the position of "Noise Control Officer."
- NOISE DISTURBANCE
- Any noise 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.
- NOISE-SENSITIVE ZONE
- Any area of potential noise disturbance, for example, hospitals, schools, houses of worship, recreational areas and residences.
- 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.
- PUBLIC RIGHT-OF-WAY
- Any street, avenue, boulevard, highway, sidewalk or alley, waterway 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.
- 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 zoning districts designated as R-100, R-100A, R-80, R-75, R-75A, R-150, R-15, RRCD, RO-150, RD, VR, VRC, PA and FA, and any other zones used for residential purposes in accordance with the Lacey Township Municipal Land Ordinance, which areas shall be used for single-family homes, churches, public parks and governmental buildings.
In order to implement and enforce this chapter and for the general purpose of noise and vibration abatement and control, the Noise Control Officer shall have, in addition to any other authority vested in him or her, the power, upon presentation of proper credentials, to enter and inspect any private property or place and to inspect any report or records at any reasonable time when granted permission by the owner or by some other person with apparent authority to act for the owner. When permission is refused or cannot be obtained, a search warrant may be obtained from a court of competent jurisdiction upon showing of probable cause to believe that a violation of this chapter may exist. Such inspection may include administration of any necessary tests. If the interests of the township require, the Township Committee may, by resolution, designate some other qualified person to conduct such inspections.
The Township Administrator, under the authorization of the Township Committee, may assign and direct the Noise Control Officer, as well as any other municipal personnel, agencies and/or departments, such other duties and responsibilities as deemed necessary to effectuate the intent and purpose of this chapter, including but not limited to:
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 public right-of-way shall be exempt from the operation of this section. The following acts and the causing thereof are declared to be in violation of this chapter:
Radios, television sets, musical instruments and similar devices: 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:
Between the hours of 10:00 p.m. and 7:00 a.m. of the following day on weekdays and 10:00 p.m. and 9:00 a.m. of the following day, when the following day is a Saturday or Sunday, in such manner as to create a noise disturbance across a real property boundary or within a noise-sensitive zone.
In such a manner as to create a noise disturbance at 50 feet (15 meters) 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.
In such a manner as to create a noise disturbance to any person other than the operator of the device when operated by any passenger on a common carrier.
Loudspeakers/public address systems:
Using or operating for any noncommercial purpose any loudspeaker, public address system or similar device between the hours of 10:00 p.m. and 7:00 a.m. of the following day on weekdays and 10:00 p.m. and 9:00 a.m. of the following day, when the following day is a Saturday or Sunday, such that the sound therefrom creates a noise disturbance across a residential real property boundary or within a noise-sensitive zone.
Using or operating for any commercial purpose any loudspeaker, public address system or similar device such that the sound therefrom creates a noise disturbance across a real property boundary or within a noise-sensitive zone or between the hours of 10:00 p.m. and 7:00 a.m. the following day on weekends and 10:00 p.m. and 9:00 a.m. of the following day, when the following day is a Saturday or Sunday, on a public right-of-way or public space.
Street sales. Offering for sale or selling anything by shouting or outcry within any residential or commercial area of the township except between the hours of 7:00 a.m. and 10:00 p.m. weekdays and 9:00 a.m. and 10:00 p.m. on Saturdays and Sundays.
Animals and birds: owning, possessing or harboring any animal or bird which frequently or for continued duration howls, barks, meows, squawks or makes other sounds which create a noise disturbance between the hours of 9:00 p.m. and 8:00 a.m. on the following day in such a manner as to cause a noise disturbance across a residential real property boundary or within a noise-sensitive zone, except that it shall be unlawful to own, possess or harbor any dog which shall continuously bark or howl so as to cause a noise disturbance across a residential real property boundary or within a noise-sensitive zone at any time.
Loading and unloading; loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans or similar objects between the hours of 10:00 p.m. and 6:00 a.m. the following day on weekdays and 10:00 p.m. and 6:00 a.m. of the following day, when the following day is a Saturday or Sunday, in such a manner as to cause a noise disturbance across a residential real property boundary or within a noise-sensitive zone.
Vehicle or motorboat operation, repairs and testing: operating, repairing, rebuilding, modifying or testing any motor vehicle, motorcycle or motorboat in such a manner as to cause a noise disturbance on a public space or on a public right-of-way or across a residential real property boundary or within a noise-sensitive zone.
Construction work or activities: construction work or activities relating to construction work between the hours of 10:00 p.m. and 7:00 a.m. the following day on weekdays and 10:00 p.m. and 9:00 a.m. of the following day, when the following day is a Saturday or Sunday, in such a manner as to cause a noise disturbance across a residential real property boundary or within a noise-sensitive zone.
Noise and disorderly conduct prohibited. It shall be unlawful for any person by noisy or disorderly conduct to disturb or interfere with the quiet or good order of any place of assembly, public or private, including schools, churches, libraries and reading rooms, or take part in any riotous or other disorderly conduct that shall disturb the peace and quiet of any family or neighborhood or any of the inhabitants of this municipality.
General noise prohibitions.
The making, creating or permitting of any unreasonably loud, disturbing or unnecessary noise within the municipality is hereby prohibited.
The making, creating or permitting of any noises of such character, intensity or duration that is detrimental to the life, health or welfare of any individual or which, either steadily or intermittently, annoys, disturbs, injures or endangers the comfort, repose, peace or safety of any individual is hereby prohibited.
Yelling, shouting, hooting, whistling or singing on public streets, particularly between the hours of 11:00 p.m. and 7:00 a.m. or at any time or place so as to annoy or to disturb the quiet, comfort or repose of persons in any office or in any dwelling or other type of residence or of any persons in the vicinity is hereby prohibited.
The provisions of this chapter shall not apply to:
The emission of sound for the purpose of alerting persons to the existence of an emergency.
The emission of sound in the performance of emergency work.
The emission of sound in situations within the jurisdiction of the Federal Occupational Safety and Health Act.
Noise from municipally sponsored or approved celebrations or events.
Noise from domestic power tools, lawn mowers and agricultural equipment when operated with a muffler between the hours of 8:00 a.m. and 8:00 p.m. on weekdays and 9:00 a.m. and 8:00 p.m. on weekends and legal holidays.
Sound from church bells and church chimes when a part of a religious observance or service.
Noise from snowblowers, snow throwers and snowplows when operated with a muffler for the purpose of snow removal between the hours of 8:00 a.m. and 8:00 p.m. on weekdays and 9:00 a.m. and 8:00 p.m. on weekends and legal holidays.
Noise from stationary emergency signaling devices that conform with the provisions of N.J.A.C. 7:29.
Noise from an exterior burglar alarm of any building or motor vehicle, provided that such burglar alarm shall terminate its operation within 15 minutes after it has been activated.
Highway construction or road work performed by or on behalf of the State of New Jersey.
[Added 3-9-2000 by Ord. No. 00-09]
[Amended 7-11-1996 by Ord. No. 96-36]
Any person, firm or corporation who or which violates any provision of this chapter shall, upon conviction, be fined not more than $1,000, be imprisoned for not more than 90 days and/or serve a period of community service not exceeding 90 days. Each day on which a violation of any provision of this chapter occurs or is repeated shall constitute a separate offense. The Municipal Court of the Township of Lacey shall have jurisdiction to enforce the provisions of this chapter.
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.