[HISTORY: Adopted by the Mayor and Council of the Borough
of Westville 3-12-1985 (Ch. 74 of the 1974 Code). Amendments noted where applicable.]
This chapter shall be entitled and may be cited as the "Noise
Control Ordinance of the Borough of Westville."
A.
The Mayor and Council of the Borough of Westville find that excessive
sound is a serious hazard to the health, safety, general welfare and
the quality of the life of the citizens of Westville. Since a substantial
body of science and technology exists by which excessive sound may
be substantially abated, and the people have a right to and should
be ensured an environment free from excessive sound, it is the policy
of the Borough of Westville to prevent excessive sound that may jeopardize
the health and welfare or safety of the citizens or degrade the quality
of life.
B.
This chapter shall apply to the control of sound originating from
stationary and mobile sources within the limits of the Borough of
Westville.
For the purpose of this chapter, the following definitions shall
apply:
A group of commercial properties and the abutting public
rights-of-way and public spaces.
Any facility or property used for activities involving the
furnishing or handling of goods or services, including but not limited
to:
Any site preparation, assembly, erection, repair, alteration
or similar action, but excluding demolition of buildings or structures.
The abbreviation designating both the unit of measured sound
level (the decibel) and the mode of measurement that uses the A-weighting
of a sound-level meter.
The practical unit of measurement for sound-pressure level.
The number of decibels of a measured sound is equal to 20 times the
logarithm to the base 10 of the ratio of the sound pressure of the
measured sound to the sound pressure of a standard sound (20 micropascals).
It is abbreviated "dB."
Any dismantling, intentional destruction or removal of buildings
or structures.
Any work or action necessary to deliver essential services,
including but not limited to repairing water, gas, electricity, telephone,
sewer facilities and public transportation facilities, removing fallen
trees on public rights-of-way or abating life-threatening situations.
The value specified by the manufacturer as the recommended
maximum loaded weight of a single motor vehicle. In cases where trailers
and tractors are separable, the gross combination weight rating (GCWR),
which is the value specified by the manufacturer as the recommended
maximum loaded weight of the combination vehicle, shall be used.
Any facility or property used for activities involving the
production, fabrication, packaging, storage, warehousing, shipping
or distributing of goods.
Any vehicle for which regulations apply pursuant to Section
18 of the Federal Noise Control Act of 1972 (P.L. 92-574), as amended,
pertaining to motor carriers engaged in interstate commerce.
An unenclosed motor vehicle having a saddle for the use of
the operator and two or three wheels in contact with the ground, including
but not limited to motor scooters, mopeds and minibikes.
Any vehicle that is propelled or drawn on land by an engine
or motor.
A sound-dissipative device or system for abating sound of
escaping gases of an internal-combustion engine.
Any building wherein there are two or more dwelling units.
Any sounds of such level and duration as to be or tend to
be injurious to human health or welfare or which would unreasonably
interfere with the enjoyment of life or property.
An officially designated member or members of the Borough
of Westville Police Department (Police Department), trained in the
measurement of sound and empowered to issue summonses for violations
of this chapter.
Any sound that endangers the safety or health of any person
or disturbs a reasonable person of normal sensitivities or endangers
personal or real property.
Any individual, corporation, company, association, society,
firm, partnership, joint-stock company, the state or any political
subdivision, agency or instrumentality of the state.
Any street, avenue, boulevard, road, highway, sidewalk or
alley or similar place that is owned or controlled by a governmental
entity.
Any real property or structures thereon that are owned or
controlled by a governmental entity.
Either the imaginary line, including its planar extension,
that separates one parcel of real property from another or the vertical
and horizontal boundaries of a dwelling unit that is one in a multidwelling-unit
building.
A group of residential properties and the abutting public
rights-of-way and public spaces.
Any property used for human habitation.
The sound-pressure level measured in decibels with a sound-level
meter set for A-weighting; sound level is expressed in dBA.
An instrument for the measurement of sound levels as specified
in N.J.A.C. 7:29-2.1 et seq., which provisions are incorporated herein
by reference.
[1]Any day, Monday through Friday, which is not a legal holiday.
A.
The noise control program established by this chapter shall be administered
by the Police Department.
B.
The Police Department shall be empowered to stop any motor vehicle
or motorcycle operated on a public right-of-way, public space or private
property suspected of violating any provision of this chapter.
E.
Noise control officers shall not use this chapter in situations within
the jurisdiction of the Federal Occupational Safety and Health Act.
A.
Stationary sources.
(1)
No person shall cause, suffer, allow or permit the operation of any source of sound on a particular category of property or any public space or right-of-way in such a manner as to create a sound level that exceeds the particular sound-level limits as contained in Title 7, Chapter 29, of the New Jersey Administrative Code, which provisions are incorporated herein by reference, and when measured at or within the real property line of the receiving property, except as provided in Subsection A(3) herein.
(2)
When measuring noise within a dwelling unit of a multidwelling-unit
building, all exterior doors and windows shall be closed, and the
measurements shall be taken in the center of the room.
(3)
Exemptions. The following are exempt from the sound-level limits
of Title 7, Chapter 29, of the New Jersey Administrative Code:
(a)
Noise from domestic power tools, lawn mowers and agricultural
equipment, when operated with a functioning 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, provided that they produce less than
85 dBA at or within any real property line of a residential property.
(b)
Sound from church bells and church chimes when a part of a religious
observance or service.
(c)
Noise from construction activity, provided that all motorized equipment used in such activity is equipped with functioning mufflers, except as provided in § 237-6B(6) herein.
(d)
Noise from snowblowers, snow throwers and snowplows, when operated
with a muffler, for the purpose of snow removal.
(e)
Noise from stationary emergency signaling devices that conform
to the provisions of N.J.A.C. 7:29-13, which provisions are incorporated
herein by reference.
(f)
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.
(g)
Assigned activity of municipal employees performing employment
tasks of approved municipal public events.
B.
Mobile sources.
(1)
Motor vehicles and motorcycles on public rights-of-way. No person shall cause, suffer, allow or permit the operation of 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 I.[1]
[1]
Editor's Note: Table I is included at the end of this chapter.
(2)
Adequate mufflers.
(a)
No person shall cause, suffer, allow or permit the operation
of any motor vehicle or motorcycle not equipped with the original
muffler or equivalent replacement in good working order and in constant
operation.
(b)
No person shall remove or render inoperative or cause to be
removed or rendered inoperative, other than for purposes of maintenance,
repair or replacement, any muffler on a motor vehicle or motorcycle.
(3)
Motor vehicle horns and signaling devices. The following acts and
the causing thereof are declared to be in violation of this chapter:
(a)
The sounding of any horn or other auditory signaling device
that produces a sound level in excess of 100 dBA at 25 feet (7.5 meters).
(4)
Standing motor vehicles. No person shall operate or permit the operation
of any motor vehicle or any auxiliary equipment attached to such a
vehicle for a period longer than three minutes in any hour while the
vehicle is stationary.
A.
No person shall cause, suffer, allow or permit to be made, verbally
or mechanically, 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.
B.
No person shall cause, suffer, allow or permit the following acts:
(1)
Sound reproduction systems: operation, playing or permitting the
operation or playing of any radio, television, phonograph or similar
device that reproduces or amplifies sound in such a manner as to create
a noise disturbance for any person other than the operator of the
device.
(2)
Loudspeakers/public-address systems: using or operating of any loudspeaker,
public-address system or similar device other than as permitted by
the ordinances of the Borough of Westville.
(3)
Animals and birds: owning, possessing or harboring any pet animal
or pet bird that frequently or for continued duration makes sounds
that create a noise disturbance across a residential real property
line. For the purpose of this section, a "noise disturbance from a
barking dog" shall be defined as that created by a dog barking continually
for 10 minutes or intermittently for 30 minutes, unless provoked.
(4)
Loading and unloading: loading, unloading, opening, closing or other
handling of boxes, crates, containers, building materials, liquids,
garbage cans, refuse or similar objects or the compacting of refuse:
(a)
Between the hours of 10:00 p.m. and 7:00 a.m. the following
day in such a manner as to exceed any applicable limit set forth in
Title 7, Chapter 29, of the New Jersey Administrative Code across
a residential property line.
(b)
By persons engaged in the business of scavenging or garbage
collection, whether private or municipal, between the hours of 7:00
p.m. and 7:00 a.m. the following day, except by permit.
(5)
Motor vehicle repairs and testing: repairing, rebuilding, modifying
or testing any motor vehicle or motorboat in such a manner as to exceed
any applicable limit in Title 7, Chapter 29, of the New Jersey Administrative
Code across a residential real property line.
(6)
Construction and demolition: operation or permitting the operation of any tools or equipment used in construction, drilling, earthmoving, excavating or demolition work between the hours of 6:00 p.m. and 7:00 a.m. the following day on weekdays or at any time on weekends or legal holidays, except for emergency work or by special variance issued pursuant to § 237-7 of this chapter, provided that such equipment is equipped with a proper muffler.
(7)
Air conditioning, air-handling devices and wind-energy conversion
systems: the operation of air conditioning, air-handling devices,
including heat pumps, or wind-energy conversion systems that produce
a sound level greater than 55 dBA at a real property line of a residential
property, except when said operation produces less than an increase
of five dBA in the sound level that exists in the absence of such
sound.
A.
Any person who owns or operates any stationary noise source may apply
to the noise control officer of the Borough of Westville through the
Borough Clerk/Administrator for a variance from one or more of the
provisions of this chapter. Applications for a permit of variance
shall supply information, including but not limited to:
(1)
The nature and location of the noise source for which such application
is made.
(2)
The reason for which the permit of variance is requested, including
the hardship that will result to the applicant, his/her client or
the public if the permit of variance is not granted.
(3)
The nature and intensity of noise that will occur during the period
of the variance.
(4)
The section or sections of this chapter for which the permit of variance
shall apply.
(5)
A description of interim noise control measures to be taken by the
applicant to minimize noise and the impacts occurring therefrom.
(6)
A specific schedule of the noise control measures which shall be
taken to bring the source into compliance with this chapter within
a reasonable time.
B.
A copy of the permit of variance must be kept on file by the Borough
Clerk/Administrator for public inspection.
C.
Failure to supply to the noise control officer the information required
hereby shall be cause for rejection of the application.
D.
The Borough Clerk/Administrator shall charge the applicant a fee
of $10 to cover expenses resulting from the processing of the permit
of variance application.
E.
The noise control officer may impose such terms and conditions as
he/she deems necessary and grant such variances for the protection
of the health, welfare and environment of the public. No permit shall
be issued for longer than one year.
F.
Appeal from a denial of a variance by the noise control officer may
be filed with the Borough Council within 10 days of such denial.
A.
Issuance of summons. Violation of any provision of this chapter shall be cause for a summons to be issued by the noise control officer or, in the case of prohibited acts specified in § 237-6, by any member of the Borough of Westville Police Department.
B.
Abatement orders.
C.
Penalties.
(1)
(2)
If the violation is of a continuing nature, each day during which
it continues shall constitute an additional, separate and distinct
offense.
D.
Other remedies. 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.
