[HISTORY: Adopted by the Township Committee of the Township of Manalapan as indicated in article histories. Amendments noted where applicable.]
Noise from places housing amusement devices — See Ch. 58.
Auctioneers attracting attention — See Ch. 68.
[Adopted 3-11-1998 by Ord. No. 98-08]
The following words and terms, when used in this article, shall have the following meanings, unless the context clearly indicates otherwise. Terms not defined in this article have the same meaning as those defined in N.J.A.C. 7:29.
- Any site preparation, assembly, erection, repair, alteration or similar action, including demolition of buildings or structures.
- Any dismantling, destruction or removal of buildings, structures or roadways.
- 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.
- 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.
- MULTIDWELLING 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 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
- The Township Health Officer, or his representative, who has lead responsibility for the enforcement and administration of this article.
- 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 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 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 multidwelling unit building; or (c) 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 line would be the interface between the residential area and the commercial area).
- 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.
- Beginning on Friday at 6:00 p.m. and ending on the following Monday at 7:00 a.m.
This article applies to sound from the following property categories:
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.
The provisions of this article shall be enforced by Noise Control Officers. A person shall be qualified to be a Noise Control Officer if the person meets the criteria set forth in the definition above and completes, at a frequency specified by the Department in N.J.A.C. 7:29-2.11, a noise certification and recertification course which is offered by the Department of Environmental Sciences of Cook College, Rutgers, the State University of New Jersey, or any other noise certification or recertification course which is offered by an accredited university and approved by the Department.
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 § 155-4B and C of this regulation and with the definition of "real property line" as contained herein.
Noise Control Officers shall have the power to:
Coordinate the noise control activities of all departments in the Township of Manalapan and cooperate with all other public bodies and agencies to the extent practicable;
Review the actions of the Township of Manalapan and advise of the effect, if any, of such actions on noise control;
Review public and private projects, subject to mandatory review or approval by other departments or boards, for compliance with this article;
Investigate and pursue possible violations of this article for sound levels which equal or exceed the sound levels set forth in Tables I and II, when measured at a receiving property located within the designated jurisdiction of the Noise Control Officer, in accordance with § 155-4 below; and
Cooperate with Noise Control Officers of adjacent municipalities in enforcing one another's municipal noise ordinances.
No person shall cause, suffer, allow or permit the operation of any source of sound on any source property listed in § 155-2A above in such a manner as to create a sound level that equals or exceeds the sound level limits set forth in Tables I and II when measured at or within the real property line of any of the receiving properties listed in Tables I and II, except as specified in Subsection B below.
When measuring total sound or residual sound within a multi-use property, or within a residential unit when the property line between it and the source property is a common wall, all exterior doors and windows shall be closed and the measurements shall be taken in the center of the room most affected by the noise. Residual sound shall be measured in accordance with N.J.A.C. 7:29-2.9(b)2. When measuring total sound or residual sound, 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.
Indoor measurements shall only be taken if the sound source is on or within the same property as the receiving property, as in the case of a multi-use property (e.g., sound generated within a commercial unit of a multiuse property building and received within a residential unit of the same building) or multi-dwelling unit building. In addition, indoor measurements shall be taken if the property line between the receiving property and the source property is a common wall, such as in a multi-dwelling unit building. The allowable sound level standards for indoors as shown in Tables I and II.
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 impulsive sound and shall meet the requirements as shown in Table I.
No person shall cause, suffer, allow, or permit the operation of any source of sound on any source property listed in § 155-2A above in such a manner as to create a sound pressure level that equals or exceeds the sound levels listed below in one or more octave bands.
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 two dB in the bands containing the principal source frequencies, discontinue the measurement.
Editor's Note: Table II is included as an attachment to this chapter.
Nonapplicability and exemptions.
Notwithstanding the provisions of Tables I and II, the following standards shall apply to the activities or sources of sound set forth below:
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., unless such activities can meet the applicable limits set forth in Tables I and II. All motorized equipment used in these activities shall be operated with a muffler. At all other times, the limits set forth in Tables I and II do not apply to noncommercial or nonindustrial power tools and landscaping and yard maintenance equipment.
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 7:00 a.m. on weekdays, or between the hours of 6:00 p.m. and 9:00 a.m. on weekends or federal holidays, unless such activities can meet the limits set forth in Tables I and II. In addition, commercial or industrial power tools and landscaping and yard maintenance equipment, excluding emergency work, utilized on commercial or industrial property shall meet the limits set forth in Tables I and II between the hours of 10:00 p.m. and 7:00 a.m. All motorized equipment used in these activities shall be operated with a muffler. At all other times, the limits set forth in Tables I and II do not apply to commercial or industrial power tools and landscaping and yard maintenance equipment.
Construction and demolition activity, excluding emergency work, shall not be performed between the hours of 8:00 p.m. and 7:00 a.m. on weekdays and Saturdays or at any time on Sundays or 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.
Motorized snow blowers, snow throwers, and lawn equipment with attached snow plows shall be operated at all times with a muffler. At all times, the limits set forth in Tables I and II do not apply.
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. At all times, the limits set forth at Tables I and II do not apply.
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.
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.
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.
Generators that produce electricity on residential properties shall, at all times, be operated only with a muffler.
[Added 10-10-2013 by Ord. No. 2013-08]
At all other times, generators that produce electricity shall not be operated between the hours of 6:00 p.m. and 7:00 a.m. weekdays or between the hours of 6:00 p.m. and 9:00 a.m. on weekends and holidays unless such operation is in compliance with the sound level limits set forth in Tables I and II.
Violation of any provision of this article shall be cause for an enforcement document to be issued to the violator by the Noise Control Officer according to procedures set forth in 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.
Any person who violates any provision of this article shall be subject to a civil penalty for each offense of not more than $3,000. If the violation is of a continuing nature, each day during which it occurs shall constitute an additional, separate and distinct offense.
No provision of this article 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 article or from other law.
[Adopted 8-26-1998 by Ord. No. 98-23]
It shall be unlawful for a person to make, continue or cause to be made or continued any loud or unnecessary or unusual noise or any noise which does or is likely to disturb, annoy, injure or endanger the comfort, proposed health, public peace or safety of others.
Without intending to limit the generality of § 155-9, the following acts are hereby declared to be examples of loud and disturbing and unnecessary noise in violation of this article.
Radios, televisions and other music and noise devices. The playing, use or operation of any radio, television, musical instrument, phonograph or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of neighboring inhabitants or with louder volume than is necessary for convenient hearing for persons who are in the room, vehicle or chamber in which the machine or device is operated and who are voluntary listeners. The operation of such a set, instrument, phonograph, machine or device between the hours of 11:00 p.m. and 8:00 a.m., so that it is clearly audible at a distance of 100 feet or more from the building or structure or vehicle in which it is located shall be a prima facie evidence of violation of this section.
Yelling, shouting, etc. Yelling, shouting, hooting or whistling or singing on the public streets, particularly between the hours of 11:00 p.m. and 8:00 a.m. or at any time or place, which annoys, disturbs the quiet comfort or peace of persons in any office, dwelling, hotel, motel, school or other type of residence or school or any person in the vicinity.
Animals and birds. Keeping of animals and birds which by causing frequent and long continuing noise disturbs the comfort or repose of any person in the vicinity; but nothing herein contained is intended to apply to a dog pound or kennel licensed pursuant to law.
Horns. The sounding of a horn or warning device on an automobile, motorcycle, bus or other vehicle, except when required by law or necessary to give timely warning of an approaching vehicle or as a warning of an impending danger to the person driving other vehicles or to persons on the street. No person shall sound a horn or warning device on an automobile, motorcycle, bus or other vehicle which emits an unusually loud or harsh sound for an unnecessary or unreasonable period of time.
Exhaust. Discharge into the open air of exhaust of a steam engine, stationary internal combustion engine or motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises.
Defect of vehicle on road. The use of an automobile, motorcycle or vehicle so out of repair so that it creates loud and unnecessary grating, clanging or rattling or other noise.
Schools, courts, churches, hospitals. The creation of excessive noise on the street adjacent to a school, institution of learning, church or court while in use or adjacent to a hospital which reasonably interferes with the working of the institution which disturbs unduly and annoys patients in the hospital, provided that conspicuous signs are displayed in such street indicating that it is a school or hospital or court street. The above enumerations are intended to give typical illustrations of prohibited disturbances and shall not be construed as exclusive.
Nothing herein contained shall be construed to apply to:
Use of bells, chimes or sound amplifiers by churches engaged in church activity.
Activities of municipal departments and performance of their duties, drills or public demonstrations.
Activities in public parks, playgrounds or public buildings under permission or authority of the municipal officials.
Playing by a band or orchestra in a hall or building or open area where duly authorized.