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.
DEPARTMENT
The New Jersey Department of Environmental Protection.
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 of 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 CONTROL OFFICER
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 municipality with a Department-approved noise control ordinance
and the employee has received noise enforcement training 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 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 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 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 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 would be the interface between the residential area
and the commercial area).
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.
[Amended 12-20-1999 by Ord. No. 33-99]
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 at N.J.A.C. 7:29-1.6. The recipient
of an enforcement document shall be entitled to a hearing in municipal
court having jurisdiction to contest such action. The procedures for
issuance of an enforcement document as set forth in N.J.A.C. 7:29-1.6
are as follows:
(1) If any person violates any provision of this chapter,
the noise control officer or municipality, on his or her behalf, as
appropriate (both hereinafter referred to as the "authorized enforcement
agency"), may institute an action in a court of competent jurisdiction
for injunctive relief to prohibit and prevent such violation or violations
and said court may proceed in the action in a summary manner.
(2) Any person who violates any provision of this chapter
or an order issued pursuant thereto shall be subject, upon order of
a court, to a civil penalty for each offense 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. If the violation is of a continuing nature, each
day during which it occurs shall constitute an additional, separate
and distinct offense.
[Amended 3-2-2015 by Ord.
No. 01-2015]
(3) Upon identification of a violation of this chapter
or an order issued pursuant thereto, the noise control officer shall
issue an enforcement document to the violator. The enforcement document
may be sent to the violator by certified mail, return receipt requested.
The enforcement document shall:
(a)
Identify the condition or activity that constitutes
the violation and the specific provision of the Act, rule or order that has been violated;
(b)
Indicate whether the violator has a period of
time to correct the violation before a penalty is sought, as follows:
[1]
If the violation is deemed by the noise control
officer to be a minor violation pursuant to Subsection E below, notify
the violator that the activity or condition which constitutes the
violation must be corrected and compliance achieved within 30 days
or, at the discretion of the noise control officer, any other reasonable
period of time, not to exceed 180 days, to be determined based upon
the nature and extent of the violation and a reasonable estimate of
the time needed to correct the violation. The violator may request,
from the noise control officer, an extension of the compliance deadline
in the enforcement action and the noise control officer shall approve
any reasonable request for an extension if the violator can demonstrate
that a good faith effort has been made to achieve compliance.
[2]
If the violation is not deemed by the noise
control officer to be a minor violation pursuant to Subsection E below,
notify the violator that he or she will not be allowed a period of
time to correct the violation before a penalty is sought.
(c)
Notify the violator that he or she may be liable
to a civil penalty of no more than the maximum penalty allowed pursuant
to N.J.S.A. 40:49-5, which is $2,000 as of December 2014 for the violation
that is the subject of the enforcement document.
[Amended 3-2-2015 by Ord.
No. 01-2015]
(d)
If the violation is deemed by the noise control
officer to be a minor violation pursuant to Subsection E below, notify
the violator that if he or she achieves compliance within the period
of time specified in the enforcement document, the authorized enforcement
agency shall not seek to collect a civil penalty from the violator
for that violation.
(4) The authorized enforcement agency may seek injunctive
relief and/or a penalty for a violation of the Act, these rules or
an order issued pursuant thereto:
(a)
If the violator does not correct the minor violation within the period of time specified in the enforcement document initiated pursuant to Subsection
C above; or
(b)
If the violation is not considered a minor violation
pursuant to Subsection E below.
(5) A violation shall be considered a minor violation
if:
(a)
The violation is not the result of the purposeful,
reckless or criminally negligent conduct of the violator.
(b)
The activity or condition constituting the violation
has not been the subject of an enforcement action by the authorized
enforcement agency against the violator within the immediately preceding
12 months.
(6) Any claim for a civil penalty may be compromised and
settled based on the following factors:
(a)
Mitigating or any other extenuating circumstances.
(b)
The timely implementation by the violator of
measures which lead to compliance.
(c)
The conduct of the violator.
(d)
The compliance history of the violator.
B. Any person
who violates any provision of this chapter or an order issued pursuant
thereto shall be subject, upon order of a court, to a civil penalty
of not more than $3,000 for each offense and each day during which
the violation continues 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.
This chapter may be cited as the "Readington
Township Noise Control Ordinance."
This chapter shall take effect immediately upon
final passage and publication in accordance with law and upon approval
of the New Jersey Department of Environmental Protection (NJDEP).
The Clerk is directed to file a copy of this chapter with the NJDEP
Office of Local Environmental Management.
[Added 12-20-1999 by Ord.
No. 33-99]
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 a court of competent jurisdiction, the remaining
provisions of the chapter shall not be invalidated.