Borough of South River, NJ
Middlesex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of South River 11-10-2008 by Ord. No. 2008-33.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Alarm systems — See Ch. 99.
Animals — See Ch. 108.
Circuses and carnivals — See Ch. 124.
Nuisances — See Ch. 373.
[1]
Editor's Note: This ordinance was adopted as Ch. 373, Art. II, but was redesignated to maintain the organization of the Code.

§ 288-1 Definitions.

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. Terms not defined in this chapter have the same meaning as those defined in N.J.A.C. 7:29.
CONSTRUCTION
Any site preparation, assembly, erection, repair, alteration or similar action, including demolition of buildings or structures.
DEMOLITION
Any dismantling, destruction or removal of buildings, structures, or roadways.
EMERGENCY WORK
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.
IMPULSIVE SOUND
Either a single pressure peak or a single burst (multiple pressure peaks) that has a duration of less than one second.
MOTOR VEHICLE
Any vehicle that is propelled other than by human or animal power on land.
MUFFLER
A properly functioning sound-dissipative device or system for abating the sound of escaping gasses on equipment where such a device is part of the normal configuration of the equipment.
MULTI-DWELLING-UNIT BUILDING
Any building comprising two or more dwelling units, including, but not limited to, apartments, condominiums, co-ops, multiple-family houses, townhouses, and attached residences.
MULTI-USE PROPERTY
Any distinct parcel of land that is used for more than one category of activity. Examples include, but are not limited to:
A. 
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
B. 
A building which is both commercial (usually on the ground floor) and residential property located above, behind, below or adjacent.
NOISE DISTURBANCE
Any sound which injuries or endangers the safety or health of a human, annoys or disturbs a reasonable person of normal sensibilities or endangers or injures personal or real property.
PLAINLY AUDIBLE
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 investigating officer need not determine the title, specific words, or the artist performing the song.
PRIVATE RIGHT-OF-WAY
Any street, avenue, boulevard, road, highway, sidewalk, alley or easement that is owned, leased, or controlled by a nongovernmental entity.
PUBLIC RIGHT-OF-WAY
Any street, avenue, boulevard, road, highway, sidewalk, alley or easement that is owned, leased, or controlled by a governmental entity.
PUBLIC SPACE
Any real property or structures thereon that are owned, leased, or controlled by a governmental entity.
REAL PROPERTY LINE
Either:
A. 
The imaginary line, including its vertical extension, that separates one parcel of real property from another;
B. 
The vertical and horizontal boundaries of a dwelling unit that is part of a multi-dwelling-unit building; or
C. 
On a multi-use property, the interface 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).

§ 288-2 Applicability.

A. 
This chapter applies to sound from the following property categories:
(1) 
Industrial facilities;
(2) 
Commercial facilities,
(3) 
Public service facilities;
(4) 
Community service facilities;
(5) 
Residential properties;
(6) 
Multi-use properties;
(7) 
Public and private rights-of-way;
(8) 
Public spaces;
(9) 
Multi-dwelling-unit buildings; and
(10) 
Motor vehicles.
B. 
This chapter applies to sound received at the following property categories:
(1) 
Commercial facilities;
(2) 
Public service facilities;
(3) 
Service facilities;
(4) 
Community service facilities
(5) 
Residential properties;
(6) 
Multi-use properties;
(7) 
Multi-dwelling-unit buildings; and
(8) 
Industrial facilities.
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.

§ 288-3 Enforcement.

The provisions of this chapter shall be enforced by the Health Officer and Police Department of the Borough of South River. These enforcement officials shall have the power to:
A. 
Coordinate the noise control activities of all the departments in the Borough of South River and cooperate with all other public bodies and agencies to the extent practical;
B. 
Review the actions of the Borough of South River and advise of the effect, if any, of such actions on noise control;
C. 
Review public and private projects, subject to mandatory review or approval by other departments or boards, for compliance with this chapter;
D. 
Investigate, resolve and/or pursue possible violations of this chapter and refer complaints to an appropriate Borough department for enforcement if deemed appropriate; for example, referring complaints related to § 288-4D to the Borough Construction/Zoning Department.
E. 
Refer complaints to the Middlesex County Health Department in those instances that require the measurement of sound levels or sound pressure so that the Middlesex County Health Department can pursue possible violations under state regulations, and if appropriate, assist in the investigation; and
F. 
Cooperate with and provide assistance to other departments and/or county noise control officers in enforcing noise violations in the Borough.

§ 288-4 Restricted uses and activities.

The following standards shall apply to the activities or sources of sound set forth below:
A. 
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. All motorized equipment used in these activities shall be operated with a muffler.
B. 
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.
C. 
All motorized equipment used in these activities shall be operated with a muffler.
D. 
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. All motorized equipment used in construction and demolition activity shall be operated with a muffler.
E. 
Motorized snowblowers, snow throwers, and lawn equipment with attached snow plows shall be operated at all times with a muffler.
F. 
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.
G. 
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.
H. 
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.
I. 
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.
J. 
Music or sound amplification or reproduction equipment, radios, televisions, phonographs, CD players, musical instruments, percussion instruments, or other sound-generating devices shall not be operated in such a manner as to be plainly audible at a residential property line or through partitions common to two parties within a building between the hours of 10:00 p.m. and 8:00 a.m.
K. 
It is prohibited to own, possess, or harbor any pet animal that frequently or for continued duration makes sounds that create a noise disturbance across a real property line or through partitions common to two parties within a building. For purposes of this provision, a noise disturbance from a pet animal shall be defined as that created by a pet animal making noise continuously for 10 minutes or intermittently for 30 minutes unless provoked.
L. 
It is prohibited to willfully make or cause to be made any audible noise which is deemed objectionable because of volume, frequency, or beat and/or which creates a noise disturbance.

§ 288-5 Exceptions.

Nothing contained herein shall apply to:
A. 
The use of bells, chimes or sound amplifiers used by religious facilities engaged in religious activities.
B. 
Municipal departments in the performance of their duties, drills, or other necessary activities.
C. 
Activity conducted under the permission or authority of municipal officials.
D. 
Warning devices on authorized emergency vehicles or other vehicles used for traffic safety purposes.

§ 288-6 Violations and penalties.

A. 
Violation of any provision of this chapter shall be cause for the issuance of a summons. The recipient of a summons shall be entitled to a hearing in a municipal court having jurisdiction to contest such action and, upon conviction thereof, shall be subject to a fine for each offense of not more than $2,000. If the violation is of a continuing nature, each day on which it occurs shall constitute an additional, separate, and distinct offense.
B. 
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.

§ 288-7 Severability and repealer.

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.