[HISTORY: Adopted by the Borough Council of the Borough of Carteret
6-18-1992 as Ord. No. 92-21. Amendments noted where applicable.]
A.
Excessive sound is a serious hazard to the public health,
welfare, safety and the quality of life.
B.
A substantial body of science and technology exists by
which excessive sound may be substantially abated.
C.
The people have a right to and should be ensured an environment
free from excessive sound.
D.
It is the policy of the Borough of Carteret to prevent
excessive sound that may jeopardize the health, welfare or safety of the citizens
or degrade the quality of life.
E.
This chapter shall apply to the control of sound originating
from sources within the limits of the Borough of Carteret.
As used in this chapter, the following terms shall have the meanings
indicated:
Any radio, tape player, compact disc player or loudspeakers, combination
of radio, tape player, compact disc player and loudspeakers or similar device
which is operated to produce 65 decibels on the A-scale as read by the slow
response of a sound lever meter when measured at 25 feet or at the next adjoining
full property line, and is:
[Added 3-5-1998 by Ord. No.
98-9]
A group of commercial facilities and the abutting public rights-of-way
and public spaces.
Any premises, property or facility involving traffic in goods or
furnishing of services for sale or profit, including but not limited to:
Any site preparation, assembly, erection, repair, alteration or similar
action, but excluding demolition of buildings or structures.
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); 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
or public transportation facilities, removing fallen trees on public rights-of-way
or abating life-threatening conditions.
Any activity and its related premises, property, facilities or equipment
involving the fabrication, manufacture or production of durable or nondurable
goods.
Any vehicle that is propelled or drawn on land by an engine or motor.
A sound-dissipative device or system for abating the sound of escaping
gasses 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 throughout the state or in any portions thereof,
but excludes all aspects of the employer-employee relationship concerning
health and safety hazards within the confines of a place of employment.
The noise control officer designated as the official liaison with
all municipal departments, empowered to grant permits for variances shall
be the Chief Health Administrator.
An officially designated employee of the municipality empowered to
issue a summons 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, alley that
is leased, owned or controlled by a governmental entity.
Any real property or structures thereon that are owned, leased or
controlled by a governmental entity.
Either the imaginary line, including its vertical 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 multi-dwelling-unit building.
A group of residential properties and the abutting public rights-of-way
and public spaces.
Property used for human habitation, including but not limited to:
The sound pressure level measured in decibels with a sound level
meter set for A-weighting; "sound level" is expressed in dBA; or any sound
disturbing to the sensitivities of a normal person.
Any day, Monday through Friday, that is not a legal holiday.
A.
The provisions of this chapter shall be enforced by the
Carteret Police Department, Construction Officer and/or Health Department
personnel.
B.
Noise measurements, if taken, by officers of the borough
shall be taken according to procedures specified by N.J.A.C. 7:29B, except
as provided in Section 5.1.1.
A.
All departments and agencies of the Borough of Carteret,
shall carry out their programs according to law.
B.
All departments charged with new projects or changes
to existing projects that may result in the production of noise shall consult
with the Board of Health prior to the approval of such projects to insure
that such activities comply with the provisions of this chapter.
A.
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 disturbs
the sensitivities of the normal person, or exceeds the particular sound level
limits set forth in Table I when measured at or within the real property line
of the receiving property.
|
Table I. Maximum Permissible Sound Levels by Receiving Property
Category, in dBA
| ||||||
|---|---|---|---|---|---|---|
|
Receiving Property Category
| ||||||
|
Another Dwelling Within a Multi-Dwelling-Unit Building
|
Residential
| |||||
|
Sound Source Property Category
|
7 a.m.-10 p.m.
|
10 p.m.-7 a.m.
|
7 a.m.-10 p.m. 10 p.m.-7 a.m.
|
Commercial All Times
|
Industrial All Times
| |
|
Any location within a multi-dwelling-unit building
|
45
|
40
|
55
|
50
|
65
|
75
|
|
Residential
|
55
|
50
|
65
|
75
| ||
|
Commercial or public spaces or rights-of-way
|
65
|
50
|
65
|
75
| ||
|
Industrial
|
65
|
50
|
65
|
75
| ||
B.
The following are exempt from the sound level limits
of Table I:
(1)
Noise from domestic power tools, lawn mowers and agricultural
equipment when operated with a muffler between the hours of 8:00 a.m. to 8:00
p.m. on weekdays and 9:00 a.m. to 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.
(2)
Sound from church bells and church chimes when a part
of a religious observance or service.
(3)
Noise from construction activity, provided that all motorized equipment used in such activity is equipped with functioning mufflers, except as provided in § 172-6B(6).
(4)
Noise from snowblowers, snow throwers and snowplows when
operated with a muffler for the purpose of snow removal.
(5)
Noise from stationary emergency signaling devices that
conforms with the provisions of N.J.A.C. 7:29.
(6)
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.
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. Operating, 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 and public address systems. Using or operating
of any loudspeaker, public address system or similar device between the hours
of 10:00 p.m. and 8:00 a.m. in the following day, such that the sound therefrom
creates a noise disturbance across a residential real property line.
(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 pneumatic or pumped loading
or unloading of bulk materials in liquid, gaseous, powder or pellet form,
or the compacting of refuse by persons engaged in the business of scavenging
or garbage collection, whether private or municipal, between the hours of
10:00 p.m. and 6:00 a.m. the following day when the latter is a weekday, and
between the hours of 10:00 p.m. and 7:00 a.m. the following day when the latter
is a legal holiday or weekend day, except by permit, when the sound therefrom
creates a noise disturbance across a residential real property line.
(5)
Standing motor vehicles. Operating or permitting the
operation of any motor vehicle whose manufacturer's gross weight is in excess
of 10,000 pounds, or any auxiliary equipment attached to such a vehicle, for
a period of longer than five minutes in any hour while the vehicle is stationary,
for reasons other than traffic congestion or emergency work, on a public right-of-way
or public space within 150 feet (46 meters) of a residential area between
the hours of 8:00 p.m. and 8:00 a.m. of the following day.
(6)
Construction and demolition. Operating 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,
provided that such equipment is equipped with a functioning muffler, except
for:
(7)
Boom box in operation. Possessing or carrying a boom
box which is in operation on any street, sidewalk, school, playground or public
area.
[Added 3-5-1998 by Ord. No.
98-9]
(8)
Enhanced stereo equipment. Installing or possessing
or operating in any motor vehicle garaged in Carteret a radio, tape player
or sound system other than the original equipment in which:
[Added 3-5-1998 by Ord. No.
98-9]
C.
No person shall cause suffer, own operate or permit
an audible burglar alarm except as follows:
[Added 3-5-1998 by Ord. No.
98-9]
(1)
No owner of a motor vehicle shall have in operation an
audible burglar alarm thereon unless such burglar alarm shall be capable of
and shall automatically terminate its operation within five minutes of its
being activated in the case of a motor vehicle. No audible burglar alarm on
a motor vehicle shall be capable of being activated unless there is a direct
physical contact with that motor vehicle. Notwithstanding this provision,
any member of the Police Department shall have the right to take such steps
as may be necessary to disconnect any such alarm installed on a motor vehicle
at any time during the period of its activation.
(2)
This section shall apply to any motor vehicle on which
an audible burglar alarm has been installed when parked on a public highway
or parking lot open to the public and at any other time when the alarm is
capable of being activated, regardless of when such alarm was installed.
(3)
Notwithstanding the provisions of Subsections A and B, any police officer may arrange for the removal of a motor vehicle from a public highway when an audible burglar alarm installed on such vehicle is activated in violation of this section. The owner of the vehicle shall be liable for all fees of removal, including but not limited to the fees for towing and for storage following removal of the vehicle.
A.
B.
Noise from municipally sponsored or approved celebrations
or events shall be exempt from the provisions of this chapter.
A.
Any person who owns or operates any stationary noise
source may apply to the noise control administrator for a variance from one
or more of the provisions of this ordinance. 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 ordinance within
a reasonable time.
B.
Failure to supply the information required by the noise
control administrator shall be cause for rejection of the application.
C.
A copy of the permit of variance must be kept on file
by the Municipal Clerk for public inspection.
D.
The noise control administrator may charge the applicant
a fee of $100 to cover expenses resulting from the processing of the permit
of variance application.
E.
The noise control administrator may, at his/her discretion,
limit the duration of the permit of variance, which shall be no longer than
one year. Any person holding a permit of variance and requesting an extension
of time shall apply for a new permit of variance under the provisions of this
section.
F.
No variance shall be approved unless the applicant presents
adequate proof that noise levels occurring during the period of the variance
will not constitute a danger to public health; and compliance with the chapter
would impose on arbitrary or unreasonable hardship upon the applicant without
equal or greater benefits to the public. In making the determination on granting
a variance, the noise control administrator shall consider:
(1)
The character and degree of injury to, or interference
with, the health and welfare or the reasonable use of property which is caused
or threatened to be caused.
(2)
The social and economic value of the activity for which
the variance is sought.
(3)
The ability of the applicant to apply best practical
noise control measures.
G.
The permit of variance may be revoked by the noise control
administrator if the terms of the permit of variance are violated.
H.
A variance may be revoked by the noise control administrator
if there is:
A.
Issuance of summons. Violation of any provision of this
chapter shall be cause for a summons to be issued by Police Officers, Construction
Official or Health Officer.
B.
Penalties.
(1)
Any person who violates any provision of this chapter shall be subject to a penalty for each offense of not more than $500, except as provided in subsection B(2).
(2)
Any person who willfully or knowingly violates any provision
of this chapter shall be subject to a penalty for each offense of a sum of
not less than $25 and not more than $500.
(3)
If the violation is of a continuing nature, each day
during which it occurs shall constitute an additional, separate and distinct
offense.
C.
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.
