Township of Plainsboro, NJ Chapter 72 Noise Control

[HISTORY: Adopted by the Township Committee of the Township of Plainsboro as indicated in article histories. Amendments noted where applicable.]

Article I Noise Other Than Vehicle Noise

[Adopted 5-14-2003 by Ord. No. 0-03-10[1]]

[1] Editor's Note: This ordinance also renumbered former Art. I, Vehicle Noise, §§ 72-1 through 72-5, as Art. II, §§ 72-6 through 72-9, respectively.

§ 72-1 Declaration of findings and policy; scope.

A. Declaration of findings. Excessive sound is a serious hazard to the public health, welfare, safety and quality of life, and a substantial body of science and technology exists by which excessive sound may be substantially abated. The people have a right to and should be ensured an environment free from excessive sound.

B. Policy. It is the policy of the Township of Plainsboro to prevent any loud, unnecessary or unusual noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of persons within the limits of the Township.

C. Scope. This article shall apply to the control of sound originating from sources within the limits of the Township of Plainsboro.

§ 72-2 Maximum permissible noise.

A. No person shall cause, suffer, or permit the operation of any source of noise which:

(1) Endangers or injures safety or health of humans or animals;

(2) Annoys or disturbs a reasonable person of normal sensitivities; or

(3) Endangers or injures personal or real property.

B. The following are exempt from noise control:

(1) 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.

(2) Sound from church bells and church chimes when part of a religious observance or service.

(3) Noise from construction activity, provided all motorized equipment used in such activity is equipped with functioning mufflers.

(4) Noise from snowblowers, snow throwers, and snowplows when operated with a muffler for the purpose of snow removal.

(5) Noise from stationary emergency signaling devices that conforms with the provisions of N.J.A.C. 7:29.

(6) Noise from an exterior burglar alarm of any building or motor vehicle, provided such burglar alarm shall terminate its operation within 30 minutes after it has been activated.

(7) Noise from agricultural equipment.

(8) The emission of sound for the purpose of alerting persons to the existence of an emergency.

(9) The emission of sound in situations within the jurisdiction of the Federal Occupational Safety and Health Act.

(10) Noise from Federal, State, County or Municipal Governments and their agencies or authorities.

[Amended 6-9-2004 by Ord. No. 0-04-12]

§ 72-3 Enforcement.

A. Issuance of summons. Violation of any provision of this article shall be cause for a summons to be issued by police according to procedures set forth in the Township of Plainsboro.

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 article 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.

(2) An abatement order shall not be issued:

(a) If any person willfully or knowingly violates any provisions of this article; or

(b) If the police officer has reason to believe that there will not be compliance with the abatement order.

C. Penalties.

(1) Any person who violates any provision of this article shall be subject to a penalty, for each offense, of not more than $500, except as provided in Subsection C(2).

(2) Any person who willfully or knowingly violates any provision of this article shall be subject to a penalty, for each offense, a sum of not less than $50 and not more than $500.

(3) If the violation is of a continuing nature, each reported incident during which it occurs shall constitute an additional, separate, and distinct offense.

§ 72-4 Other remedies.

No provision of this article 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 article or from other law.

Article II Vehicle Noise

[Adopted 12-31-1979 by Ord. No. 0-79-19]

§ 72-5 Equipment required.

Every motor vehicle subject to registration shall at all times be equipped with an adequate muffler in constant operation and properly maintained to prevent any excessive or unusual noise, and no muffler or exhaust system shall be equipped with a cutout, bypass or similar device.

§ 72-6 Improperly equipped vehicles prohibited.

No person shall operate a motor vehicle with the exhaust system modified 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.

§ 72-7 Excessive noise prohibited.

Notwithstanding any other provision of this article, no person may operate any vehicle so as to create excessive or unusual noise.

§ 72-8 Exceptions.

This article shall not apply to any farm vehicles used in the operation of any farming premises.

§ 72-9 Violations and penalties.

Unless another penalty is expressly provided by New Jersey statute, every person convicted of a violation or provision of this article or any supplement thereto shall be liable to a penalty of not more than $50.