Whereas excessive sound is a serious hazard
to the public health, welfare, safety and the quality of life; and
whereas a substantial body of science and technology exists by which
excessive sound may be substantially abated; and whereas the people
have a right to and should be ensured an environment free from excessive
sound, therefore it is the policy of the Township of Lopatcong, County
of Warren, State of New Jersey, to prevent excessive sound that may
jeopardize the health, welfare or safety of the citizens or degrade
the quality of life. This chapter shall apply to the control of sound
originating from stationary sources within the limits of the Township
of Lopatcong.
The following definitions shall apply in the
interpretation of this chapter:
COMMERCIAL AREA
A group of commercial facilities and the abutting public
rights-of-way and public spaces.
COMMERCIAL FACILITY
Any premises, property or facility involving traffic in goods
or furnishing of services for sale or profit, including but not limited
to:
A.
Banking and other financial institutions.
C.
Establishments for providing retail services.
D.
Establishments for providing wholesale services.
E.
Establishments for recreation and entertainment.
CONSTRUCTION
Any site preparation, assembly, erection, repair, alteration
or similar action, but excluding demolition of buildings or structures.
DECIBEL (dB)
Practical unit of measurement for sound-pressure level; the
numbers of decibels of a measured sound is equal to 20 times the logarithm
of 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."
DEMOLITION
Any dismantling, intentional destruction or removal of buildings
and structures.
EMERGENCY WORK
Any work or action necessary to deliver essential services,
including but not limited to repairing water, gas, electrical, telephone
and sewer facilities or public transportation facilities, removing
fallen trees on public rights-of-way or abating life-threatening conditions.
INDUSTRIAL FACILITY
Any activity and its related premises, property, facilities
or equipment involving the fabrication, manufacture or production
of durable or nondurable goods.
MOTOR VEHICLE
Any vehicle that is propelled or drawn on land by an engine
or motor.
MUFFLER
Sound-dissipative device or system for abating the sound
of escaping gases of an internal-combustion engine.
NOISE
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.
NOISE DISTURBANCE
Any sound that:
A.
Endangers the safety or health of any person;
B.
Disturbs a reasonable person of normal sensitivities;
or
C.
Endangers personal or real property.
PERSON
Any individual, corporation, company, association, society,
firm, partnership, joint-stock company, the state or any political
subdivision, agency or instrumentality of the state.
PUBLIC RIGHT-OF-WAY
Any street, avenue, boulevard, road, highway, sidewalk or
alley that is leased, owned or controlled by a governmental entity.
PUBLIC SPACE
Any real property or structures thereon that are owned, leased
or controlled by a governmental agency.
REAL PROPERTY LINE
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.
RESIDENTIAL AREA
A group of residential properties and the abutting public
rights-of-way and public spaces.
RESIDENTIAL PROPERTY
Property used for human habitation, including but not limited
to:
A.
Private property used for human habitation.
B.
Commercial living accommodations and commercial
property used for human habitation.
C.
Recreational and entertainment property used
for human habitation.
D.
Community service used for human habitation.
SOUND LEVEL
The sound-pressure level measured in decibels with a sound-level
meter set for A-weighting; "sound level" is expressed in "dBA."
SOUND-LEVEL METER
An instrument used to measure sound level and which conforms
to Type 1 or Type 2 standards as specified by ANSI specification S1.4-1971.
WEEKDAY
Any Monday through Friday that is not a legal holiday.
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 exceeds the particular sound level limits set forth
in Table I when measured at or within the real property line of the receiving property, except as provided in §
147-2.