[HISTORY: Adopted by the Board of Commissioners of the Township of
Haddon 11-30-2004 by Ord. No. 1111.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Noise by dogs — See Ch. 104.
Noise in parks — See Ch. 172.
Peace and good order — See Ch. 175.
[1]
Editor's Note: This ordinance also superseded former Ch. 161,
Noise, adopted 11-17-1964 by Ord. No. 491, as amended 4-7-1987 by Ord. No.
819.
The following words and terms, when used in this chapter, shall have
the following meanings unless the context clearly indicates otherwise.
The total sound pressure level in the area of interest, including
the noise source of interest.
The electronic filtering in sound level meters that models human
hearing frequency sensitivity.
The total sound pressure level in the area of interest, excluding
the noise source of interest.
A group of commercial facilities and the abutting public right-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 banking
and other financial institutions, dining establishments, establishments for
providing retail or wholesale services, establishments for recreation and
entertainment, office buildings, transportation and warehouses.
Any site preparation, assembly, erection, repair, alteration or similar
action, or demolition of buildings or structures.
The electronic filtering in sound level meters that models a flat
response (output equals input) over the range of maximum human hearing frequency
sensitivity.
The A-weighted unit of sound pressure level.
The C-weighted unit of sound pressure level.
The unit of measurement for sound pressure level at a specified location.
Any work or action necessary to deliver essential services, including,
but not limited to, repairing water, gas, electric, telephone, sewer facilities
or public transportation facilities, removing fallen trees on public rights-of-way
or abating life-threatening conditions.
A sound having a duration of less that one second with an abrupt
onset and rapid decay.
Any activity and its related premises, property, facilities or equipment
involving the fabrication, manufacture or production of durable or nondurable
goods.
An instrument such as a sound level meter, integrating sound level
meter or dosimeter used to measure sound pressure levels conforming to Type
1 or Type 2 standards as specified in the latest version of ANSI Standard
S1.4-1983.
Any vehicle that is propelled or drawn on land by an engine or motor.
A sound-dissipative device or system for attenuating the sound of
escaping gases of an internal combustion engine.
Any building wherein there are two or more dwelling units.
Haddon Township.
Any sound 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 Township of Haddon 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.
An officially designated employee of Haddon Township or designee
trained in the measurement of sound and empowered to issue a summons for violations
of this chapter, or any other sworn law enforcement officer employed by the
Township of Haddon.
Any sound that:
Any individual, corporation, company, association, society, firm,
partnership, joint-stock company, Haddon Township or any political subdivision,
agency or instrumentality of the municipality.
Any street, avenue, boulevard, road, highway, sidewalk or alley that
is leased, owned or controlled by a governmental entity.
Any real property or structures thereon that is owned, leased or
controlled by a governmental entity.
Any sound that can be judged as a single pitch or set of single pitches
by the NCO.
Either:
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
private property used for human habitation, commercial living accommodations
and commercial property used for human habitation, recreational and entertainment
property used for human habitation and community service property used for
human habitation.
The instantaneous sound pressure level measured in decibels with
a sound level meter set for A-weighting on slow integration speed, unless
otherwise noted.
Twenty multiplied by the logarithm, to the base 10, of the measured
sound pressure divided by the sound pressure associated with the threshold
of human hearing, in units of decibels.
Any day, Monday through Friday, that is not a legal holiday.
The Haddon Township Zoning Board of Adjustment, empowered to grant
permits for variances.
A.
Insofar as practicable, sound will be measured while
the source under investigation is operating at normal, routine conditions
and, as necessary, at other conditions, including but not limited to design,
maximum and fluctuating rates.
B.
All tests shall be conducted in accordance with the following
procedures:
(1)
The NCO shall, to the extent practicable, identify all
sources contributing sound to the point of measurement.
(2)
Measurements shall be taken at or within the property
line of the affected person.
(3)
The measuring instrument must be calibrated using a calibrator
recommended by the measuring instrument manufacturer before and after each
series of readings.
(4)
The measuring instrument must be recertified and the
calibrator must be recalibrated at least once each year by the manufacturer
or by a person that has been approved by the manufacturer. A copy of written
documentation of such recertification and recalibration shall be kept with
the equipment to which it refers.
(5)
No outdoor measurements shall be taken:
(a)
During periods when wind speeds (including gusts) exceed
15 miles per hour;
(b)
Without a windscreen, recommended by the measuring instrument
manufacturer, properly attached to the measuring instrument;
(c)
Under any condition that allows the measuring instrument
to become wet (e.g., rain, snow or condensation); or
(d)
When the ambient temperature is out of the range of the
tolerance of the measuring instrument.
C.
The report for each measurement session shall include:
(1)
The date, day of the week and times at which measurements
are taken;
(2)
The times of calibration;
(3)
The weather conditions;
(4)
The identification of all monitoring equipment by manufacturer,
model number and serial number;
(5)
The normal operating cycle of the sources in question
with a description of the sources;
(6)
The ambient sound level, in dBA, with the sources in
question operating;
(7)
The background sound level, in dBA, without the sources
in question operating; and
(8)
A sketch of the measurement site, including measurement
locations and relevant distances, containing sufficient information for another
investigator to repeat the measurements under similar conditions.
D.
Prior to taking noise measurements, the investigator
shall explore the vicinity of the source in question to identify any other
sound sources that could affect measurements, to establish the approximate
location and character of the principal sound source and to select suitable
locations from which to measure the sound from the source in question.
E.
When measuring continuous sound or sound that is sustained
for more that one second at a time, the measuring instrument shall be set
for A-weighting, slow response, and the range (if the measuring instrument
is designed to read levels over different ranges) shall be set to that range
in which the meter reads closest to the middle of the scale. The minimum and
maximum readings shall be recorded to indicate the range of monitored values
along with the central tendency average most often displayed.
F.
The measuring instrument shall be placed at a minimum
height of three feet above the ground or from any reflective surface. When
hand held, the microphone shall be held at arm's length and pointed at
the source at the angle recommended by the measuring instruments manufacturer.
G.
If extraneous sound sources, such as aircraft flyovers
or barking dogs that are unrelated to the measurements increase the monitored
sound levels, the measurements should be postponed until these extraneous
sounds have become of such a level as not to increase the monitored sound
levels of interest.
H.
The monitoring session should last for a period of time
sufficient to ensure that the sound levels measured are typical of the source
in question.
I.
The background sound levels shall be subtracted from
the measured sound levels of the source of interest by using Table 1 to determine
the sound levels from the source of interest alone. If the ambient sound level
is less than 3 dBA higher than the background sound level, the source level
cannot be derived and a violation of the ordinance cannot be substantiated.
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Table 1
Correction for Background Levels*
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|---|---|---|
|
Difference Between Ambient and Background Sound Levels
|
Correction Factor to be Subtracted from Ambient Level for Source
Level
| |
|
3
|
3
| |
|
4 and 5
|
2
| |
|
6 to 9
|
1
| |
|
10 or more
|
0
| |
|
*In dBA
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A.
No person shall cause, suffer, allow or permit the operation of any sound source 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 exceeds the background sound level by at least 10 dBA during daytime (7:00 a.m. to 10:00 p.m.) hours and by at least five dBA during nighttime (10:00 p.m. to 7:00 a.m.) hours when measured at or within the real property line of the receiving property except as provided in § 161-5. Such a sound source would constitute a noise disturbance.
(1)
If the background sound level cannot be determined, the
absolute sound level limits set forth in Table 2 shall be used.
(2)
If the sound source in question is a pure tone, the limits
of Table 2 shall be reduced by five dBA.
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TABLE 2
Maximum Permissible Sound Levels*
| ||||
|---|---|---|---|---|
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Receiving Property
| ||||
|
Residential
|
Commercial
| |||
|
Source Property
|
7:00 a.m. to 10:00 p.m.
|
10:00 p.m. to 7:00 a.m.
|
(All times)
| |
|
Residential
|
55
|
50
|
65
| |
|
Commercial
|
65
|
50
|
65
| |
|
Industrial
|
65
|
50
|
65
| |
|
*In dBA. These levels would be appropriate for typical suburban environments.
Urban environments may allow for limits that are 5 to 10 dBA higher and rural
or quiet suburban environments may allow for limits that are 5 to 10 dBA lower
than those listed. The specific limitations should be based on the environment
and tastes of Haddon Township.
|
(3)
Nonrepetitive impulsive sound sources shall not exceed
90 dBA or 120 dBA at or within a residential real property line, using the
fast meter response speed.
(4)
In multidwelling unit buildings, if the background sound
level cannot be determined, the daytime limit is 45 dBA and the nighttime
limit is 35 dBA for sounds originating in another dwelling within the same
building.
B.
The following are exempt from the sound level limits of § 161-5:
(1)
Noise from emergency signaling devices.
(2)
Noise from an exterior burglar alarm of any building,
provided such burglar alarm shall terminate its operation within five minutes
of its activation.
(3)
Noise from domestic power tools, lawn mowers and agricultural
equipment when operated between 7:00 a.m. and 8:00 p.m. on weekdays and between
9:00 a.m. and 8:00 p.m. on weekends and legal holidays, provided they generate
less than 85 dBA at or within any real property line of a residential property.
(4)
Sound from church bells and chimes when a part of a religious
observance or service.
(5)
Noise from construction activity, provided all motorized equipment used in such activity is equipped with functioning mufflers, except as provided in § 161-6.
(6)
Noise from snowblowers, snow throwers and snowplows when
operated with a muffler for the purpose of snow removal.
C.
When the source being analyzed is a stereo system with
low frequency signals as part of its output, the stereo shall not cause a
C-weighted level of 10 dB or greater above the C-weighted ambient level at
a distance of 10 feet from the source or the complainant's property line,
which ever is greater.
A.
No person shall cause, suffer, allow or permit to be made verbally or mechanically any noise disturbance, as defined in § 161-3.
B.
No person shall cause, suffer, allow or permit the following
acts:
(1)
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 (as defined in § 161-3) for any person other than the operator of the device.
(2)
Using or operating any loudspeaker, public address system or similar device between 10:00 p.m. and 8:00 a.m. the following day, such that the sound therefrom creates a noise disturbance (as defined in § 161-3) across a residential real property line.
(3)
Owning, possessing or harboring any animal or bird that, frequently or for continued duration, generates sounds that create a noise disturbance (as defined in § 161-3) across a residential real property line.
(4)
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 9:00 p.m. and 7:00 a.m. the following day on a weekday and between 9:00 p.m. and 9:00 a.m. the following day on a weekend day or legal holiday except by permit, when the sound therefrom creates a noise disturbance (as defined in § 161-3) across a residential property line;
(5)
Operating or permitting the operation of any motor vehicle
whose manufacturer's gross weight rating 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 of a residential area between 8:00 p.m. and
8:00 a.m. the following day.
(6)
Operating or permitting the operation of any tools or equipment used in construction, drilling, earthmoving, excavating or demolition work between 6:00 p.m. and 7:00 a.m. the following day on a weekday or at any time on a weekend day or legal holiday, except for emergency work (6:00 p.m. to 9:00 a.m. on Saturday), by variance issued pursuant to § 161-6, or when the sound level does not exceed any applicable relative or absolute limit specified in § 161-5.
A.
The provisions of this chapter shall not apply to:
(1)
The generation of sound for the purpose of alerting persons to the existence of an emergency except as provided in § 161-5B;
(2)
The generation of sound in the performance of emergency
work; or
(3)
The generation of sound in situations within the jurisdiction
of the Federal Occupational Safety and Health Administration.
B.
Noise generated 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 ZBA for a variance from one or more of the provisions
of this chapter. 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 level 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 for the applicant to minimize noise and the impacts occurring therefrom;
and
(6)
A specific schedule of the noise control measures that
shall be taken to bring the source into compliance with this chapter within
a reasonable time.
B.
Failure to supply the information required by the ZBA
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 ZBA may charge the applicant a fee to cover expenses
resulting from the processing of the permit of variance application.
E.
The ZBA may, at its 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:
G.
In making the determination of granting a variance, the
ZBA shall consider:
(1)
The character and degree of injury to, or interference
with, the health and welfare or the reasonable use of property that is caused
or threatened to be caused;
(2)
The social and economic value of the activity for which
the variance is sought; and
(3)
The ability of the applicant to apply the best practical
noise control measures.
H.
The permit of variance may be revoked by the ZBA if the
terms of the permit of variance are violated.
A.
Violation of any provision of this chapter shall be cause
for a summons to be issued by the NCO.
B.
In lieu of issuing a summons as provided herein, the
NCO may issue an order requiring abatement of any sound source alleged to
be in violation of this chapter within a reasonable time period and according
to guidelines that the NCO may prescribe.
C.
Any person who violates any provision of this chapter shall be subject to a fine and other penalties as set forth in § 1-15 of this Code. If the violation is of a continuing nature, each day during which it occurs shall constitute an additional, separate and distinct offense.
D.
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.
