[HISTORY: Adopted by the Township Council
of the Township of Stafford 6-18-1985 by Ord. No. 85-51; amended in
its entirety 1-20-1998 by Ord. No. 98-07. Subsequent amendments noted
where applicable.]
A.
Whereas, excessive noise is a serious hazard to the
public health and welfare and the quality of life; and a substantial
body of science and technology exists by which excessive noise may
be substantially abated; and the people have a right to and should
be ensured an environment free from noise that may jeopardize their
health or welfare or degrade the quality of life; and the necessity
in the public interest for the provisions and prohibitions hereinafter
contained and enacted is declared as a matter of legislative determination
and public policy; and the provisions and prohibitions hereinafter
contained and enacted are in pursuance of and for the purpose of securing
and promoting the public health, comfort, convenience, safety, welfare
and the peace and quiet of the inhabitants of the Township of Stafford.
B.
Now, therefore, it is the policy of the Township of
Stafford to prevent excessive sound that may jeopardize the health,
welfare or safety of the citizens or degrade the quality of life.
This chapter shall apply to the control of sound originating from
sources within the Township of Stafford.
As used in this chapter, the following terms
shall have the meanings indicated:
Any site preparation, assembly, erection, repair, alteration
or similar action, including demolition of buildings or structures.
Any dismantling, destruction or removal of buildings, structures
or roadways.
The New Jersey Department of Environmental Protection.
Any work or action necessary to deliver essential public
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, dredging navigational waterways
or abating life-threatening conditions.
Either a single pressure peak or a single burst (multiple
pressure peaks) that has a duration of less than one second.
Any vehicle that is propelled other than by human or animal
power on land.
A properly functioning sound-dissipative device or system
for abating the sound of escaping gases on equipment where such a
device is part of the normal configuration of the equipment.
Any building comprising two or more dwelling units, including
but not limited to apartments, condominiums, co-ops, multiple-family
houses, townhouses and attached residences.
Any distinct parcel of land that is used for more than one
category of activity. Examples include, but are not limited to:
A commercial, residential, industrial or public
service property having boilers, incinerators, elevators, automatic
garage doors, air conditioners, laundry rooms, utility provisions
or health and recreational facilities or other similar devices or
areas, either in the interior or on the exterior of the building,
which may be a source of elevated sound levels at another category
on the same distinct parcel of land; or
A building which is both commercial (usually
on the ground floor) and residential property located above, behind,
below or adjacent.
An employee of a local, county or regional health agency
which is certified pursuant to the County Environmental Health Act
(N.J.S.A. 26:3A2-21 et seq.) to perform noise enforcement activities;
or a Stafford Township police officer and/or code enforcement officer
who has received noise enforcement training and is currently certified
in noise enforcement. The officer must be acting within his or her
designated jurisdiction and must be authorized to issue a summons
in order to be considered a noise control officer.
Any sound that can be detected by a person using his or her
unaided hearing faculties. As an example, if the sound source under
investigation is a portable or personal vehicular sound amplification
or reproduction device, the detection of the rhythmic bass component
of the music is sufficient to verify plainly audible sound. The noise
control officer need not determine the title, specific words or the
artist performing the song.
Any street, avenue, boulevard, road, highway, sidewalk, alley
or easement that is owned, leased or controlled by a nongovernmental
entity.
Any street, avenue, boulevard, road, highway, sidewalk, alley
or easement that is owned, leased or controlled by a governmental
entity.
Any real property or structures thereon that are owned, leased
or controlled by a governmental entity.
Either:
The imaginary line including its vertical extension
that separates one parcel of real property from another;
The vertical and horizontal boundaries of a
dwelling unit that is part of a multi-dwelling unit building; or
On a multi-use property, the distance between
the two portions of the property on which different categories of
activity are being performed (e.g., if the multi-use property is a
building which is residential upstairs and commercial downstairs,
then the real property line would be the interface between the residential
area and the commercial area).
Any day that is not a federal holiday, and beginning on Monday
at 7:00 a.m. and ending on the following Friday at 6:00 p.m.
Beginning on Friday at 6:00 p.m. and ending on the following
Monday at 7:00 a.m.
A.
This chapter applies to sound from the following property
categories:
C.
Sound from stationary emergency signaling devices
shall be regulated in accordance with N.J.A.C. 7:29-1.3, except that
the testing of the electromechanical functioning of a stationary emergency
signaling device shall not meet or exceed 10 seconds.
A.
It shall be the duty and the responsibility of a properly
certified Stafford Township police officer or code enforcement officer
to enforce the provisions of this chapter. A person shall be qualified
to be a noise control officer if the person meets the criteria set
forth in the definition above and completes, at a frequency specified
by the Department in N.J.A.C. 7:29-2.11, a noise certification and
recertification course which are offered by the Department of Environmental
Sciences of Cook College, Rutgers, The State University of New Jersey
or any other noise certification or recertification course which is
offered by an accredited university and approved by the Department.
B.
Sound measurements made by a noise control officer shall conform to the procedures set forth at N.J.A.C. 7:29-2, except that interior sound level measurements shall also conform to the procedures set forth in § 142-5C and D of this chapter and with the definition of "real property line" as contained herein.
C.
Noise control officers shall have the power to:
(1)
Coordinate the noise control activities of all departments
in the Township of Stafford and cooperate with all other public bodies
and agencies to the extent practicable.
(2)
Review the actions of the Township of Stafford and
advise of the effect, if any, of such actions on noise control.
(3)
Review public and private projects, subject to mandatory
review or approval by other departments or boards, for compliance
with this chapter.
(4)
(5)
Cooperate with noise control officers of adjacent
municipalities in enforcing one another's municipal noise ordinances.
A.
No person shall cause, suffer, allow or permit the operation of any source of sound on any source property listed in § 142-3A above in such a manner as to create a sound level that equals or exceeds the sound level limits set forth in Tables I and II[1] when measured at or within the real property line of any of the receiving properties listed in Tables I and II, except as specified in Subsection B below.
B.
When measuring total sound or residual sound within
a multiuse property, or within a residential unit when the property
line between it and the source property is a common wall, all exterior
doors and windows shall be closed and the measurements shall be taken
in the center of the room most affected by the noise. Residual sound
shall be measured in accordance with N.J.A.C. 7:29-2.9(b)2. When measuring
total sound or residual sound, all sound sources within the dwelling
unit must be shut off (e.g., television, stereo). Measurements shall
not be taken in areas which receive only casual use such as hallways,
closets and bathrooms.
C.
Indoor measurements shall only be taken if the sound
source is on or within the same property as the receiving property,
as in the case of a multi-use property (e.g., sound generated within
a commercial unit of a multi-use property building and received within
a residential unit of the same building) or multidwelling building.
In addition, indoor measurements shall be taken if the property line
between the receiving property and the source property is a common
wall, such as in a multi-dwelling-unit building. The allowable sound
level standards for indoors are as shown in Tables I and II.
D.
Impulsive sound. Between 7:00 a.m. and 10:00 p.m.,
impulsive sound shall not equal or exceed 80 decibels. Between 10:00
p.m. and 7:00 a.m., impulsive sound which occurs less than four times
in any hour shall not equal or exceed 80 decibels. Impulsive sound
which repeats four or more times in any hour shall be measured as
impulsive sound and shall meet the requirements as shown in Table
I.
(1)
Table I, Maximum Permissible A-Weighted Sound Levels.
(a)
No person shall cause, suffer, allow or permit the operation of any source of sound on any source property listed in § 142-3A above in such a manner as to create a sound level that equals or exceeds the sound levels listed below:
[1]
Outdoors.
Receiving Property Category
| |||
---|---|---|---|
Residential Property or Residential Portion
of a Multi-Use Property
|
Commercial Facility, Public Service Facility,
Nonresidential Portion of a Multi-Use Property or Community Service
Facility
| ||
7:00 a.m. to 10:00 p.m.
|
10:00 p.m. to 7:00 a.m.
|
24 hours
| |
Maximum A-weighted sound level standard (dB)
|
65
|
50
|
65
|
[2]
Indoors.
Receiving Property Category
| |||
---|---|---|---|
Residential Property or Residential Portion
of a Multi-Use Property
|
Commercial Facility*, or Nonresidential
Portion of a Multi-use Facililty
| ||
7:00 a.m. to 10:00 p.m.
|
10:00 p.m. to 7:00 a.m.
|
24 hours
| |
Maximum A-weighted sound level standard (dB)
|
55
|
40
|
55
|
* NOTE: In those instances when a commercial
facility shares a common wall/ceiling/floor with another facility
that is producing the sound.
|
A.
Except as provided in Subsection C below, the provisions of this chapter shall not apply to the exceptions listed at N.J.A.C. 7:29-1.4.
B.
Construction and demolition activities are exempt from the sound level limits set forth in Tables I and II, except as provided for in Subsection C below.
C.
Notwithstanding the provisions of Tables I and II,[1] the following standards shall apply to the activities
or sources of sound set forth below:
(1)
Noncommercial or nonindustrial power tools and landscaping
and yard maintenance equipment shall not be operated between the hours
of 8:00 p.m. and 8:00 a.m., unless such activities can meet the applicable
limits set forth in Tables I and II. All motorized equipment used
in these activities shall be operated with a muffler. At all other
times, the limits set forth in Tables I and II do not apply to noncommercial
or nonindustrial power tools and landscaping and yard maintenance
equipment.
(2)
Commercial or industrial power tools and landscaping
and yard maintenance equipment, excluding emergency work, shall not
be operated on a residential property or within 250 feet of a residential
property line when operated on commercial or industrial property,
between the hours of 6:00 p.m. and 7:00 a.m. on weekdays, or between
the hours of 6:00 p.m. and 9:00 a.m. on weekends or federal holidays,
unless such activities can meet the limits set forth in Tables I and
II. In addition, commercial or industrial power tools and landscaping
and yard maintenance equipment, excluding emergency work, utilized
on commercial or industrial property shall meet the limits set forth
in Tables I and II between the hours of 10:00 p.m. and 7:00 a.m. All
motorized equipment used in these activities shall be operated with
a muffler. At all other times, the limits set forth in Tables I and
II do not apply to commercial or industrial power tools and landscaping
and yard maintenance equipment.
(3)
Construction and demolition activity, excluding emergency
work, shall not be performed between the hours of 6:00 p.m. and 7:00
a.m. on weekdays, or between the hours of 6:00 p.m. and 9:00 a.m.
on weekends and federal holidays, unless such activities can meet
the limits set forth in Tables I and II. All motorized equipment used
in construction and demolition activity shall be operated with a muffler.
At all other times, the limits set forth in Tables I and II do not
apply to construction and demolition activities.
(4)
Motorized snowblowers, snow throwers and lawn equipment
with attached snowplows shall be operated at all times with a muffler.
At all times, the limits set forth in Tables I and II do not apply.
(5)
An exterior burglar alarm of a building or motor vehicle
must be activated in such a manner that the burglar alarm terminates
its operation within five minutes for continuous airborne sound and
15 minutes for impulsive sound after it has been activated. At all
times, the limits set forth in Tables I and II do not apply.
(6)
Personal or commercial vehicular music amplification
or reproduction equipment shall not be operated in such a manner that
it is plainly audible at a residential property line between the hours
of 10:00 p.m. and 8:00 a.m.
(7)
Personal vehicular music amplification equipment shall
not be operated in such a manner as to be plainly audible at a distance
of 50 feet in any direction from the operator between the hours of
8:00 a.m. and 10:00 p.m.
(8)
Self-contained, portable, hand-held music or sound
amplification or reproduction equipment shall not be operated on a
public space or public right-of-way in such a manner as to be plainly
audible at a distance of 50 feet in any direction from the operator
between the hours of 8:00 a.m. and 10:00 p.m. Between the hours of
10:00 p.m. and 8:00 a.m., sound from such equipment shall not be plainly
audible by any person other than the operator.
(10)
Generators
may only be "exercised" or operated for maintenance purposes between
the hours of 9:00 a.m. and 5:00 p.m. on Mondays through Fridays.
[Added 11-24-2020 by Ord. No. 2020-37]
A.
Violation of any provision of this chapter shall be
cause for an enforcement document to be issued to the violator by
the noise control officer according to procedures set forth in N.J.A.C.
7:29-1.6. The recipient of an enforcement document shall be entitled
to a hearing in a Municipal Court having jurisdiction to contest such
action.
B.
Any person who violates any provision of this chapter
shall be subject to a civil penalty for each offense of not more than
$1,000. If the violation is of a continuing nature, each day during
which it occurs shall constitute an additional, separate and distinct
offense.
C.
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.
A.
If any provision or portion of a provision of this
chapter is held to be unconstitutional, preempted by federal or state
law or otherwise invalid by any court of competent jurisdiction, the
remaining provisions of this chapter shall not be invalidated.
B.
All ordinances or parts of ordinances which are inconsistent
with any provisions of this chapter are hereby repealed as to the
extent of such inconsistencies.