Township of Little Falls, NJ Noise

[HISTORY: Adopted by the Township Council of the Township of Little Falls 7-22-2019 by Ord. No. 1363.[1] Amendments noted where applicable.]

[1]

Editor’s Note: The ordinance also repealed former Ch. 136, Noise, adopted 12-28-2015 by Ord. No. 1233.

§ 136-1 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 of buildings or structures.

dBC

The sound level as measured using the C weighting network with a sound level meter meeting the standards set forth in ANSI S1.4-1983 or its successors. The unit of reporting is dB(C). The C weighting network is more sensitive to low frequencies than is the A weighting network.

DEMOLITION

Any dismantling, destruction or removal of buildings, structures, or roadways.

DEPARTMENT

The New Jersey Department of Environmental Protection.

EMERGENCY WORK

Any work or action necessary at the site of an emergency to restore or deliver essential 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 or a state of emergency declared by a governing agency.

IMPULSIVE SOUND

Either a single pressure peak or a single burst (multiple pressure peaks) that has a duration of less than one second.

MINOR VIOLATION

A violation that is not the result of the purposeful, reckless or criminally negligent conduct of the alleged violator; and/or the activity or condition constituting the violation has not been the subject of an enforcement action by any authorized local, county or state enforcement agency against the violator within the immediately preceding 12 months for the same or substantially similar violation.

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 on engines or equipment where such 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 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, below or otherwise adjacent to.

NOISE CONTROL INVESTIGATOR (NCI)

An employee of a municipality, county or regional health commission that has a Department-approved model noise control ordinance and the employee has not received noise enforcement training as specified by the Department in N.J.A.C. 7:29. However, they are knowledgeable about their model noise ordinance and enforcement procedures. A Noise Control Investigator may only enforce sections of the ordinance that do not require the use of a sound level meter. The employee must be acting within his or her designated jurisdiction and must be authorized to issue a summons. Police officers may function as a Township NCI where the use of a sound level meter is not required or indicated.

[Amended 11-23-2020 by Ord. No. 1390]

NOISE CONTROL OFFICER (NCO)

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 an employee of a municipality with a Department-approved model noise control ordinance. All NCOs must receive noise enforcement training as specified by the Department in N.J.A.C. 7:29 and is currently certified in noise enforcement. The employee must be acting within his or her designated jurisdiction and must be authorized to issue a summons.

PLAINLY AUDIBLE

Any sound that can be detected by a NCO or an NCI using his or her unaided hearing faculties of normal acuity. As an example, if the sound source under investigation is a portable or vehicular sound amplification or reproduction device, the detection of the rhythmic bass component of the music is sufficient to verify plainly audible sound. The NCO or NCI 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 the vertical boundary that separates one parcel of property (i.e., lot and block) from another residential or commercial property; the vertical and horizontal boundaries of a dwelling unit that is part of a multi-dwelling-unit building; or on a multi-use property as defined herein, the vertical or horizontal boundaries 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, or if there is an outdoor sound source such as an HVAC unit on the same parcel of property, the boundary line is the exterior wall of the receiving unit). Note: this definition shall not apply to a commercial source and a commercial receptor which are both located on the same parcel of property (e.g., a strip mall).

SOUND PRODUCTION DEVICE

Any device whose primary function is the production of sound, including, but not limited to, any musical instrument, loudspeaker, radio, television, digital or analog music player, public address system or sound-amplifying equipment.

SOUND REDUCTION DEVICE

Any device, such as a muffler, baffle, shroud, jacket, enclosure, isolator, or dampener provided by the manufacturer with the equipment, or that is otherwise required, that mitigates the sound emissions of the equipment.

WEEKDAY

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.

WEEKENDS

Beginning on Friday at 6:00 p.m. and ending on the following Monday at 7:00 a.m.

§ 136-2 Applicability.

This model noise ordinance 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; and

(9)

Multi-dwelling-unit buildings.

This model noise ordinance applies to sound received at the following property categories:

(1)

Commercial facilities;

(2)

Public service facilities;

(3)

Community service facilities (i.e. non-profits and/or religious facilities);

(4)

Residential properties;

(5)

Multi-use properties;

(6)

Multi-dwelling-unit buildings.

Sound from stationary emergency signaling devices shall be regulated in accordance with N.J.A.C. 7:29-1.4, except that the testing of the electromechanical functioning of a stationary of emergency signaling device shall not meet or exceed 10 seconds.

§ 136-3 Exemptions.

Except as provided in §§ 136-9 and 136-10 below, the provisions of this chapter shall not apply to the exceptions listed at N.J.A.C. 7:29-1.5.

Sound production devices required or sanctioned under the Americans with Disabilities Act (ADA), FEMA or other government agencies to the extent that they comply with the noise requirement of the enabling legislation or regulation. Devices which are exempted under N.J.A.C. 7:29-1.5 shall continue to be exempted.

Construction and demolition activities are exempt from the sound level limits set forth in Tables I, II and III except as provided for in § 136-9 below.

§ 136-4 Enforcement officers.

Noise Control Officers shall have the authority within their designated jurisdiction to investigate suspected violations of any section of this chapter and pursue enforcement activities.

Noise Control Investigators shall have the authority within their designated jurisdiction to investigate suspected violations of any section of this chapter that do not require the use of a sound level meter (i.e., plainly audible, times of day and/or distance determinations) and pursue enforcement activities.

Noise Control Officers and Investigators may cooperate with NCOs and NCIs of an adjacent municipality in enforcing one another's municipal noise ordinances.

§ 136-5 Measurement protocols.

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 with the procedures set forth in § 136-6B of this chapter and with the definition of "real property line" as contained herein.

When conducting indoor sound level measurements across a real property line the measurements shall be taken at least three feet from any wall, floor or ceiling and all exterior doors and windows may, at the discretion of the investigator, be closed. The neighborhood residual sound level shall be measured in accordance with N.J.A.C. 7:29-2.9(b)2. When measuring total sound level, the configuration of the windows and doors shall be the same and 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.

§ 136-6 Maximum permissible sound levels.

No person shall cause, suffer, allow, or permit the operation of any source of sound on any source property listed in § 136-3A above in such a manner as to create a sound level that equals or exceeds the sound level limits set forth in Tables I, II or III when measured at or within the real property line of any of the receiving properties listed in Tables I, II or III except as specified in § 136-6B.

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 continuous sound and shall meet the requirements as shown in Tables I and II.

Table I
Maximum Permissable A-Weighted Sound Levels When Measured 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

Table II
Maximum Permissable A-Weighted Sound Levels When Measured Indoors
	Receiving Property Category
	Residential property or residential portion of a multi-use property		Commercial facility¹ or nonresidential portion of a multi-use property
	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: Table II shall only apply when the source and the receptor are separated by a real property line and they also share a common or abutting wall, floor or ceiling, or are on the same parcel of property.

Table III
Maximum Permissable Octave Band Sound Pressure Levels in Decibles
	Receiving Property Category
	Residential property or residential portion of a multi-use property				Commercial facility, public service facility, non-residential portion of a multi-use property or community service facility	Commercial facility¹ or non-residential portion of a multi-use property
	Outdoors		Indoors		Outdoors	Indoors
Octave Band Center Frequency, Hz	Octave Band Sound Pressure Level, dB		Octave Band Sound Pressure Level, dB		Octave Band Sound Pressure Level, dB	Octave Band Sound Pressure Level, dB
	7:00 a.m. to 10:00 p.m.	10:00 p.m. to 7:00 a.m.	7:00 a.m. to 10:00 p.m.	10:00 p.m. to 7:00 a.m.	24 hours	24 hours
31.5	96	86	86	76	96	86
63	82	71	72	61	82	72
125	74	61	64	51	74	64
250	67	53	57	43	67	57
500	63	48	53	38	63	53
1,000	60	45	50	35	60	50
2,000	57	42	47	32	57	47
4,000	55	40	45	30	55	45
8,000	53	38	43	28	53	43

Note: When octave measurements are made, the sound from the source must be constant in level and character. If octave band sound pressure level variations exceed plus or minus 2 dB in the bands containing the principal source frequencies, discontinue the measurement.

The measurements above shall not apply to those specific uses which are restricted as identified in §§ 136-8 and 136-9. It shall not be required of any NCI or other Township personnel to obtain a sound level measurement prior to undertaking enforcement action as provided herein as to the restricted uses in §§ 136-8 and 136-9.

[Added 11-23-2020 by Ord. No. 1390]

§ 136-7 Sound production devices.

No person shall cause, suffer, allow, or permit the operation of any sound production device in such a manner that the sound crosses a property line and raises the total sound levels above the neighborhood residual sound level by more than the permissible sound level limits set forth in Table IV when measured within the residence of a complainant according to the measurement protocol in § 136-6B of this chapter. These sound level measurements shall be conducted with the sound level meter set for C weighting, "fast" response.

Table IV
Maximum Permissible Increase in Total Sound Levels Within a Residential Property
Week nights 10:00 p.m. - 7:00 a.m. Weekend nights 11:00 p.m. - 9:00 a.m.	All Other Times
3 dB(C)	6 dB(C)

§ 136-8 Restricted uses and activities.

The following standards shall apply to the activities or sources of sound set forth below:

Excluding emergency work, power tools, home maintenance tools, landscaping and/or yard maintenance equipment used by a residential property owner or tenant 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 and/or sound reduction device if possible.

[Amended 11-23-2020 by Ord. No. 1390]

Excluding emergency work, power tools, landscaping and/or yard maintenance equipment used by nonresidential operators (e.g. commercial operators, public employees) shall not be operated on a residential, commercial, industrial or public (e.g. golf course, parks, athletic fields) 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 and/or sound reduction device if possible.

[Amended 11-23-2020 by Ord. No. 1390]

Residential and commercial zones.

[Amended 11-23-2020 by Ord. No. 1390; 8-28-2023 by Ord. No. 1467]

(1)

In all Residential Zones (R-1A, R-1B, R-1C, R-2, R-3, and R-3A) in the Township of Little Falls: All 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 and/or sound reduction device if possible.

(2)

In all Commercial Zones (MDR, B-1, B-2, B-3, B-4, I, LICU, MP, MFS and Transit Village Districts) in the Township of Little Falls: All construction, excavation, erection, alteration, repairing, demolition activity, or landscaping, excluding emergency work as decided by the Township Administrator or Construction Official, 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 Saturdays 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. Sunday work is prohibited, except for the general repair or maintenance of the property by the owner. No contractor work is permitted.

Motorized snow removal equipment shall be operated with a muffler and/or a sound reduction device if possible when being used for snow removal.

[Amended 11-23-2020 by Ord. No. 1390]

All interior and exterior burglar alarms 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 intermittent sound after it has been activated.

[Amended 11-23-2020 by Ord. No. 1390]

Self-contained, portable, nonvehicular music or sound production devices 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, operated on a public space or public right-of-way, from such equipment shall not be plainly audible at a distance of five feet in any direction from the operator.

[Amended 11-23-2020 by Ord. No. 1390]

Domestic or caged animals.

(1)

It shall be unlawful for any property owner or tenant to allow any domesticated or caged animal to create a sound across a real property line which unreasonably disturbs or interferes with the peace, comfort, and repose of any resident, or to refuse or intentionally fail to cease the unreasonable noise when ordered to do so by a Noise Control Officer or Noise Control Investigator. Prima facie evidence of a violation of this section shall include but not be limited to:

(a)

Vocalizing (howling, yelping, barking, squawking etc.) for five minutes without interruption, defined as an average of four or more vocalizations per minute in that period; or

(b)

Vocalizing for 20 minutes intermittently, defined as an average of two vocalizations or more per minute in that period.

(2)

It is an affirmative defense under this subsection that the dog or other animal was intentionally provoked to bark or make any other noise.

Radios; televisions; personal entertainment devices: the using, operating or permitting to be played, used or operated of any radio-receiving set, television, musical instrument, personal entertainment device or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or with louder volume than is necessary for the convenient hearing of the person or persons who are in the room, vehicle or chamber in which such machine or device is operated and who are voluntary listeners thereto. The operation of any such set, instrument, device, machine or device between the hours of 11:00 p.m. and 7:00 a.m. in such manner as to be plainly audible at a distance of 50 feet or more from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this chapter.

[Added 11-23-2020 by Ord. No. 1390]

Yelling; shouting: yelling, shouting, hooting, whistling or singing on the public streets, particularly between the hours of 11:00 p.m. and 7:00 a.m. or at any time or place so as to annoy or disturb the quiet, comfort or repose of persons in any office, dwelling, hotel, motel or other type of residence or of any persons in the vicinity.

[Added 11-23-2020 by Ord. No. 1390]

Schools, courts or churches: the creation of any excessive noise on any street adjacent to any school, institution of learning, church or court while the same is in use, which unreasonably interferes with the working of such institution, provided that conspicuous signs are displayed in such street indicating that the same is a school street.

[Added 11-23-2020 by Ord. No. 1390]

Whistles: the sounding of any or the blowing of any whistle attached to any building except as a warning to prevent injury to life or property.

[Added 11-23-2020 by Ord. No. 1390]

Loading and unloading operations: the creation of any loud or excessive noises in connection with the loading or unloading of any vehicle or the opening or destruction of bales, boxes, crates or containers, more especially between the hours of 10:00 p.m. and 7:00 a.m.

[Added 11-23-2020 by Ord. No. 1390]

Drums, etc.: the using or playing of any drum, loudspeaker or other instrument or device or the creation of any noise for the purpose of attracting attention to any performance, show or sale or display of merchandise.

[Added 11-23-2020 by Ord. No. 1390]

Cooling apparatus and generators: the operation of any air conditioner, refrigerator unit, cooling tower, evaporative condenser, air-cooled condenser, mechanical fan, compressor unit, and generators or other such apparatus which causes frequent, irregular or continued noise which causes discomfort or annoyance to or which unreasonably invades the privacy of the public.

[Added 11-23-2020 by Ord. No. 1390]

§ 136-9 Motor vehicles.

Violations of each subsection of this section shall be considered purposeful and therefore non-minor violations.

No person shall remove or render inoperative, or cause to be removed or rendered inoperative or less effective than originally equipped, other than for the purposes of maintenance, repair, or replacement, of any device or element of design incorporated in any motor vehicle for the purpose of noise control. No person shall operate a motor vehicle or motorcycle which has been so modified. A vehicle not meeting these requirements shall be deemed in violation of this provision if it is operated stationary or in motion in any public space or public right-of-way.

No motorcycle shall be operated stationary or in motion unless it has a muffler that complies with and is labeled in accordance with the Federal Noise Regulations under 40 CFR Part 205.

Personal or commercial vehicular music amplification or reproduction equipment shall not be operated in such a manner that it is plainly audible at distance of 25 feet in any direction from the operator between the hours of 10:00 p.m. and 8:00 a.m.

Personal or commercial vehicular music amplification or reproduction equipment shall not be operated in such a manner that is 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.

Horns: the sounding of any horn or warning device on any automobile, motorcycle, bus or other vehicle except when required by law or when necessary to give timely warning of the approach of the vehicle or as a warning of impending danger to persons driving other vehicles or to persons upon the street. No person shall sound any horn or warning device on any automobile, motorcycle, bus or other vehicle which shall emit an unreasonably loud or harsh sound or for any unnecessary or unreasonable period of time.

[Added 11-23-2020 by Ord. No. 1390]

Exhaust: the discharge into the open air of the exhaust of any steam engine, stationary internal-combustion engine or motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.

[Added 11-23-2020 by Ord. No. 1390]

Defect in vehicle or load: the use of any automobile, motorcycle or vehicle so out of repair, so loaded or in such manner as to create loud and unnecessary grating, grinding, rattling or otherwise.

[Added 11-23-2020 by Ord. No. 1390]

§ 136-9.1 Exemptions.

[Added 11-23-2020 by Ord. No. 1390]

Nothing herein contained shall be construed to apply to:

The use of bells, chimes or sound amplifiers by churches in church activities.

Activities of the Township departments in the performance of their duties, drills or public demonstrations.

Activities in the public parks, playgrounds or public buildings under the permission or authority of Township officials.

Any public utility, as defined in Title 48 of the Revised Statutes of New Jersey, or to any employee of such public utility when such public utility or its employees shall be engaged in performing work to prevent the threatened interruption of its services or to terminate the interruption of its service rendered to its customer.

§ 136-10 Enforcement—use of sound level measurement.

[Amended 11-23-2020 by Ord. No. 1390]

Violation of any provision of this chapter shall be cause for a notice of violation (NOV) or a notice of penalty assessment (NOPA) document to be issued to the violator by the Noise Control Officer or Noise Control Investigator.

Any person who violates any provision of this chapter shall be subject to a civil penalty for each offense of not more than the maximum penalty pursuant to N.J.S.A. 40:49-5, which is $2,000 as of December 2014. If the violation is of a continuing nature, each day during which it occurs shall constitute an additional, separate, and distinct offense. A mandatory Municipal Court appearance is required for each offense.

Upon identification of a violation of this chapter the Noise Control Officer or Noise Control Investigator shall issue an enforcement document to the violator. The enforcement document shall identify the condition or activity that constitutes the violation and the specific provision of this chapter that has been violated. It shall also indicate whether the violator has a period of time to correct the violation before a penalty is sought.

If the violation is deemed by the Noise Control Officer or Noise Control Investigator to be a minor violation (as defined in § 136-2 of this chapter) a NOV shall be issued to the violator.

(1)

The document shall indicate that the purpose of the NOV is intended to serve as a notice to warn the responsible party/violator of the violation conditions in order to provide them with an opportunity to voluntarily investigate the matter and voluntarily take corrective action to address the identified violation.

(2)

The NOV shall identify the time period (up to 90 days), pursuant to the Grace Period Law, N.J.S.A. 13:1D-125 et seq. where the responsible party's/violator's voluntary action can prevent a formal enforcement action with penalties issued by the NCO or NCI. It shall be noted that the NOV does not constitute a formal enforcement action, a final agency action or a final legal determination that a violation has occurred. Therefore, the NOV may not be appealed or contested.

If the violation is deemed by the Noise Control Officer or Noise Control Investigator to be a non-minor violation, the violator shall be notified that if the violation is not immediately corrected, a NOPA with a civil penalty of not more than the maximum penalty allowed pursuant to N.J.S.A. 40:49-5, which is $2,000 as of December 2014, will be issued. If a non-minor violation is immediately corrected, a NOV without a civil penalty shall still be issued to document the violation. If the violation occurs again (within 12 months of the initial violation) a NOPA shall be issued regardless of whether the violation is immediately corrected or not.

The violator may request from the Noise Control Officer or Noise Control Investigator, an extension of the compliance deadline in the enforcement action. The Noise Control Officer or Noise Control Investigator shall have the option to approve any reasonable request for an extension (not to exceed 180 days) if the violator can demonstrate that a good faith effort has been made to achieve compliance. If an extension is not granted and the violation continues to exist after the grace period ends, a NOPA shall be issued.

The recipient of a NOPA shall be entitled to a hearing in a municipal court having jurisdiction to contest such action.

The Noise Control Officer or Noise Control Investigator may seek injunctive relief if the responsible party does not remediate the violation within the period of time specified in the NOPA issued.

Any claim for a civil penalty may be compromised and settled based on the following factors:

(1)

Mitigating or any other extenuating circumstances;

(2)

The timely implementation by the violator of measures which lead to compliance;

(3)

The conduct of the violator; and

(4)

The compliance history of the violator.

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.

The provisions contained in this section shall only be applicable to when the NCI has employed the use of a sound level measuring device to ascertain whether a potential violation has occurred. Any enforcement of violations under §§ 136-8 and 136-9 shall be in accordance with § 136-10.1.

§ 136-10.1 Violations and penalties.

[Added 11-23-2020 by Ord. No. 1390]

Any person, party or entity discovered to be in violation of any section of § 136-8 or 136-9 shall be issued a violation by an NCI, Township police officer, Township code enforcement officer or any Township employee charged with the enforcement of these provisions regarding noise violations. Such violations will be heard before the Municipal Court as all other municipal code violations. Any person, party, or entity found guilty of a violation shall, upon conviction thereof, be subject to a fine not to exceed $2,000 or imprisonment for a term not to exceed 90 days or a requirement to perform community service for a period not to exceed 90 days.

§ 136-11 Consistency, severability and repealer.

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 the ordinance shall not be invalidated.

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.

No provision of this chapter shall be construed to impair any common law or statutory cause of action, or legal remedy there from, of any person for injury or damage arising from any violation of this chapter or from other law.

Nothing herein contained shall be deemed a repeal of the provisions of Chapter 280, Zoning, of the Code of the Township of Little Falls which establishes performance standards for industrial noise, nor shall this chapter be deemed to conflict with or supersede any regulations or standards for the control or prohibition of noise adopted or promulgated by the New Jersey Department of Environmental Protection under the Noise Control Act (N.J.S.A. 13:1G-1 et seq.).

[Added 11-23-2020 by Ord. No. 1390]