Township of Old Bridge, NJ Chapter 300 Noise

[HISTORY: Adopted by the Township Council of the Township of Old Bridge 3-1-2010 by Ord. No. 2010-05.[1] Amendments noted where applicable.]

GENERAL REFERENCES

Alarms and alarm systems — See Ch. 26.

Animals — See Ch. 39.

Carnivals and circuses — See Ch. 95.

Right to farm — See Ch. 151.

Festivals; mass gatherings — See Ch. 169.

Self-service laundries — See Ch. 254.

Nuisances — See Ch. 305.

Peace and good order — See Ch. 342.

Motorized recreational vehicles — See Ch. 469.

[1] Editor's Note: This ordinance superseded former Ch. 300, Noise, consisting of Art. I, Noise Regulations, adopted by Ord. No. D-34 (Sec. 4-2 of the 1973 Revised General Ordinances), as amended, and Art. II, Mobile Sources, adopted 10-20-1986 by Ord. No. 43-86 (Sec. 4-2A of the 1973 Revised General Ordinances), as amended.

§ 300-1 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.

MULTIUSE 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 injures 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 nongovernmental 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 multiuse property, the interface between the two portions of the property on which different categories of activity are being performed (e.g., if the multiuse 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).

§ 300-2 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) Multiuse properties;

(7) Public and private rights-of-way;

(8) Public spaces;

(9) Multi-dwelling-unit buildings;

(10) Motor vehicles.

B. This chapter applies to sound received at the following property categories:

(1) Commercial facilities;

(2) Public service facilities;

(3) Community service facilities;

(4) Residential properties;

(5) Multiuse properties; and

(6) Multi-dwelling-unit buildings.

(7) 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.

§ 300-3 Enforcement.

A. The Township of Old Bridge police are responsible for the enforcement of the provisions of this chapter.

B. The police shall have the power to:

(1) Coordinate the noise-control activities of all the departments in the Township of Old Bridge and cooperate with all other public bodies and agencies to the extent practical;

(2) Review the actions of the Township of Old Bridge 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) Investigate, resolve and/or pursue possible violations of this chapter;

(5) Refer complaints to an appropriate Township department for enforcement if deemed appropriate, for example, referring complaints related to § 300-4A(3) to the Township Construction/Zoning Department;

(6) 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

(7) Cooperate with and provide assistance to other departments and/or county noise control officers in enforcing noise violations in the Township.

§ 300-4 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 8:00 a.m. on weekdays or between the hours of 6:00 p.m. and 9:00 a.m. on weekends or federal holidays. All motorized equipment used in these activities shall be operated with a muffler.

C. Construction and demolition activity, excluding emergency work, shall not be performed between the hours of 6:00 p.m. and 7:00 a.m. Monday through Saturday. Construction and demolition activity, excluding emergency work, shall not be permitted on Sundays and federal holidays without prior approval of the Business Administrator. All motorized equipment used in construction and demolition activity shall be operated with a muffler.

D. Motorized snowblowers, snowthrowers, and lawn equipment with attached snowplows shall be operated at all times with a muffler.

E. 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.

F. 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.

G. 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.

H. 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.

I. 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.

J. No person shall use, operate or cause to be used or operated any air conditioner, furnace, heat pump, compressor, condenser, chiller, cooling tower or similar device the noise from which creates a noise disturbance across property lines or through partitions common to two parties within a building.

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.

§ 300-5 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.

E. Public or private schools in the performance of their duties, drills, athletic events or other necessary activities.