It is hereby found and declared that:
A. The occurrence of loud noises in the Borough of Maywood
constitutes a detriment to the public health, comfort, safety and
welfare of the residents of the Borough of Maywood.
B. As a matter of legislative determination and public
policy, the provisions, regulations and prohibitions of this chapter
are in pursuance of and for the purpose of securing and promoting
the public health, comfort, convenience, safety and welfare and the
peace and quiet of the Borough of Maywood and its inhabitants.
C. This chapter shall apply to the control of sound originating
from stationary sources within the limits of the Borough of Maywood.
As used in this chapter, the following terms
shall have the meanings indicated:
COMMERCIAL AREA
A group of commercial properties and the abutting public
rights-of-way and public spaces.
COMMERCIAL PROPERTY
Any facility or property used for activities involving the
furnishing or handling of goods or services, including but not limited
to:
B.
Off-road vehicle operating, such as repair,
maintenance and terminalling.
E.
Banking and office activities.
F.
Recreation and entertainment.
I.
Other commercial activities.
CONSTRUCTION
Any site preparation, assembly, erection, repair, alteration
or similar action, but excluding the demolition of buildings or structures.
DBA
The abbreviation designating both the unit of measured sound
level (the decibel) and the mode of measurement that uses the A-weighing
of a sound-level meter.
DECIBEL (DB)
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]:
abbrieviated "dB."
DEMOLITION
Any intentional dismantling, destruction or removal of buildings
or structures.
EMERGENCY WORK
Any work or action necessary to restore essential services,
including but not limited to repairing water, gas, electricity, telephone,
sewer facilities and public transportation, removing fallen trees
on public rights-of-way and abating life-threatening conditions.
INDUSTRIAL PROPERTY
Any facility or property used for activities involving the
production, fabrication, packaging, storage, warehousing, shipping
or distribution of goods.
MOTOR VEHICLE
Any vehicle which is propelled or drawn on land by an engine
or motor.
NOISE
Any airborne sounds of such level and duration as to be or
tend to be injurious to human health or welfare or that would unreasonably
interfere with the enjoyment of life or property.
NOISE CONTROL OFFICER
An officially designated employee of the municipality, of
a group of municipalities or of the county trained in the measurement
of sound and empowered to issue citations of violations of this chapter.
NOISE DISTURBANCE
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.
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, alley
or similar place that is owned or controlled by a governmental entity.
PUBLIC SPACE
Any real property or structures thereon that are owned 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 or the vertical
and horizontal boundaries of a dwelling unit that is one in a multidwelling-unit
building.
RESIDENTIAL AREA
A group of residential properties and the abutting public
rights-of-way and public spaces.
SOUND LEVEL
The sound-pressure level measured in decibels with a sound-level
matter set for A-weighing; "sound level" is expressed in "dBA."
SOUND-LEVEL METER
An instrument for the measurement of sound levels as specified
in N.J.A.C. 7:29B, which provisions are incorporated herein by reference.
SOUND-PRESSURE LEVEL
The level of a sound measured in decibel units with a sound-level
meter which has a uniform response over the band of frequencies measured.
All departments, boards and agencies of the
Borough of Maywood shall, to the fullest extent consistent with other
law, carry out their programs and activities in such a manner as to
further the policy of this chapter and shall cooperate with the Noise
Control Officer in the implementation and enforcement of this chapter.
The provisions of this chapter shall not apply
to:
A. Noise from domestic power tools, lawn mowers and agricultural
equipment, when operated with a muffler between the hours of 8:00
a.m. and 8:00 p.m. on weekdays and 9:00 a.m. and 8:00 p.m. on weekends
and legal holidays, provided that they produce less than 85 dBA at
any real property line of a residential property.
B. Sound from church bells and church chimes when a part
of a religious observance or service.
C. Noise from construction activity, except as provided in §
226-6B(7).
D. Noise from snowblowers, snow throwers and snowplows
when operated with a muffler for the purpose of snow removal.
E. Noise from stationary emergency signaling devices
that conforms to the provisions of N.J.A.C. 7:29-13. which provisions
are incorporated herein by reference.
F. Noise from an exterior burglar alarm of any building
or motor vehicle, provided that such burglar alarm shall terminate
its operation within 15 minutes of its being activated.
G. Noise from the performance of any public or governmental
function, such as the sounding of a police, fire, ambulance, air raid
or like disaster warning, alert or alarm when such alarm is sounded
for an emergency purpose and is necessary to warn pedestrians and
motorists.
H. Noise from engaging in political activity by means
of a sound truck or other amplifying device, provided that such persons
shall have first filed with the Noise Control Officer an application
for a permit setting forth the sponsorship, date, hours and routes
of such activity and the Noise Control Officer shall have issued a
permit after having ascertained that such activity is not in conflict
in terms of hours, route, traffic volume and like factors with respect
to any other previously scheduled activity.
I. Noise from engaging in any activity specifically permitted
or required by an ordinance, resolution, statute or governmental regulation.
J. Noise from engaging in any parade, event or recreational
activity organized or recognized by the Borough of Maywood in a location
designated by the Borough of Maywood for such activity.