[HISTORY: Adopted by the Mayor and Council of the Borough of Fanwood 8-10-2004 by Ord. No. 04-11R[1]. Amendments noted where applicable.]
[1]
Editor's Note: Ord. No. 04-11R superseded former Ch. 204, Noise, of the 2001 Code, adopted 12-15-1971 by Ord. No. 631R (Ch. 61 of the 1971 Code), as amended in its entirety 12-28-1999 by Ord. No. 99-25R.
A. 
This chapter applies to the control of sound originating from sources within the limits of the Borough, as follows:
(1) 
Sound from the following property categories:
(a) 
Industrial facilities;
(b) 
Commercial facilities;
(c) 
Public service facilities;
(d) 
Community service facilities;
(e) 
Residential properties;
(f) 
Multiuse properties;
(g) 
Public and private rights-of-way;
(h) 
Public spaces; and
(i) 
Multidwelling unit buildings.
(2) 
Sound received at the following property categories:
(a) 
Commercial facilities;
(b) 
Public service facilities;
(c) 
Community service facilities;
(d) 
Residential properties;
(e) 
Multiuse properties; and
(f) 
Multidwelling unit buildings.
B. 
Excessive sound is a serious hazard to the public health, welfare, safety, and the quality of life; a substantial body of science and technology exists by which excessive sound may be substantially abated; and the people of the Borough have a right to, and should be ensured of, an environment free from excessive sound.
C. 
It is the policy of the Borough to prevent excessive sound that may jeopardize the health, welfare, or safety of the citizens or degrade the quality of life.
Unless otherwise provided herein or in N.J.A.C. 7:29, the following terms shall have the following definitions:
COMMERCIAL PROPERTY
Any premises, property or facility involving traffic in goods or furnishing of services for sale or profit, including, but not limited to:
A. 
Dining establishments.
B. 
Off-road vehicle operations, such as repair and maintenance.
C. 
Establishments for providing retail services.
D. 
Establishments for providing wholesale services.
E. 
Banking and other financial institutions.
F. 
Establishments for recreation and entertainment.
G. 
Transportation.
H. 
Warehouses.
I. 
Office buildings.
J. 
Other commercial activities.
CONSTRUCTION
Any site preparation, assembly, erection, repair, alteration or similar action, including demolition, of buildings or structures.
DEMOLITION
Any dismantling, destruction or removal of buildings, structures, or roadways.
DEPARTMENT
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
A single pressure peak or a single burst (multiple pressure peaks) that has a duration of less than one second.
MOTOR VEHICLE
Any vehicle propelled other than by human or animal power on land.
MUFFLER
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 homes, townhouses and attached residences.
MULTIUSE 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, located above, behind, below or adjacent.
NOISE CONTROL OFFICER
An employee or agent of the Borough or the regional health agency which is certified pursuant to the County Environmental Health Act, N.J.S.A. 26:3A2-21 et seq., trained in the measurement of sound and certified in the operation of a noise-detection device (decibel meter) and authorized to perform noise enforcement activities and empowered to issue summonses for 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.
PLAINLY AUDIBLE
Any sound that can be detected by a person using his/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 similar place that is owned or controlled by a governmental entity.
PUBLIC SPACE
Any real property or structures thereon that is/are owned, leased, or controlled by a governmental entity.
REAL PROPERTY LINE
Either:
A. 
The imaginary line, including its vertical extension, that separates one parcel of real property from another;
B. 
The vertical and horizontal boundaries of a dwelling unit that is part of a multidwelling unit building; or
C. 
On a multiuse property, the interface between the two portions of the property on which different categories of activity are being performed (e.g., if the multiuse 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).
RESIDENTIAL AREA
A group of residential properties and the abutting public rights-of-way and public spaces.
WEEKDAY
Any day that is not a legal holiday, beginning on Monday at 6:00 a.m. and ending on the following Friday at 9:00 p.m.
WEEKEND
Beginning on Friday at 9:00 p.m. and ending on the following Monday at 6:00 a.m.
[Amended 7-12-2011 by Ord. No. 11-09R]
The Noise Control Officer shall be appointed by the Mayor with the consent of the Council. The Noise Control Officer may be a municipal employee or an employee of the Board of Health servicing the Borough if they have been trained in noise enforcement and certified to perform noise enforcement activities. The Noise Control Officer must, at a frequency specified by the Department in N.J.A.C. 7:29-2.11, complete a noise certification and recertification which are 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. A person shall be qualified to carry out the duties of the Noise Control Officer once the person meets the criteria specified by the Department in N.J.A.C. 7:29-2.11. The Noise Control Officer shall be appointed for a term of one year or until his/her successor is appointed, whichever is later.
A. 
In order to implement and enforce this chapter and in order to effectuate the general purpose of sound abatement and control, the Noise Control Officer shall have the power to:
(1) 
Coordinate the noise control activities of all Borough departments and agencies and cooperate with all other public bodies and agencies to the extent practicable.
(2) 
Review the actions of the Borough and advise of the effect, if any, of such actions on noise control.
(3) 
Review public and private projects, subject to mandatory review or approval by other departments or boards, for compliance with this chapter.
(4) 
Investigate and pursue possible violations of this chapter for sound levels which equal or exceed the sound levels set forth in Tables I and II,[1] when measured at a receiving property located within the Borough in accordance with permissible sound levels.
[1]
Editor's Note: See § 204-7, Tables.
(5) 
Cooperate with noise control officers of adjacent municipalities in enforcing one another's municipal noise laws.
B. 
Sound measurements by the 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 to any procedures set forth in this chapter.
A. 
All Borough departments and agencies shall, to the fullest extent consistent with law, carry out their programs 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.
B. 
Borough departments and agencies charged with new projects or changes to existing projects that may result in the production of noise shall consult with the Noise Control Officer prior to the approval of such projects to ensure 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 any source property listed in § 204-1A(1) 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 in § 204-7 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.
B. 
When measuring total sound or residual sound within a multiuse 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.
C. 
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 multiuse 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 multidwelling 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 multidwelling unit building. The allowable sound level standards for indoors are as shown in Tables I and II.[1]
[1]
Editor's Note: See § 204-7, Tables.
D. 
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 a continuous sound and shall meet the requirements as shown in Table I.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
E. 
Sound from stationary emergency signaling devices shall be regulated in accordance with N.J.A.C. 7:29-1.4, except that the testing of the electromechanical functioning of a stationary emergency signaling device shall not meet or exceed 10 seconds.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A. 
Table I.
Table I
Maximum Permissible Sound Levels by
Receiving Property Category
Residential
Commercial
Industrial
Sound Source Property Category
7:00 a.m. to 10:00 p.m.
10:00 p.m. to 7:00 a.m.
(all times)
(all times)
Residential
65
50
65
65
B. 
Table II.
Table II
Maximum Permissible Indoor Sound Levels by
Receiving Property Category
Residential
Commercial
Industrial
Sound Source Property Category
7:00 a.m. to 10:00 p.m.
10:00 p.m. to 7:00 a.m.
(all times)
(all times)
Residential
55
40
55
55
C. 
Table III.
(1) 
No person shall cause, suffer, allow, or permit the operation of any source of sound on any source property listed in § 204-7A 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.
(2) 
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 2dB in the bands containing the principal source frequencies, the measurement should be discontinued.
(3) 
Table III.
Table III
Maximum Permissible Octave Band Sound
Pressure Levels in Decibels
Receiving Property
Residential Property or Residential Portion of a Multiuse Property
Residential Property or Residential Portion of a Multiuse Property
Commercial Facility, Public Service Facility, Nonresidential Portion of a Multiuse Property, or Community Service Facility
Commercial Facility* or Nonresidential Portion of a Multiuse Property
Outdoors
Indoors
Outdoors
Indoors
Octave Band Center Frequency
(Hz)
Octave Band Sound Pressure Level
(dB)
Octave Band Sound Pressure Level
(dB)
Octave Band Sound Pressure Level
(dB)
Octave Band Sound Pressure Level
(dB)
Time
7:00 a.m.- 10:00 p.m.
10:00 p.m.- 7:00 a.m.
7:00 a.m.- 10:00 p.m.
10:00 p.m.- 7:00 a.m.
24 Hours
24 Hours
31.5
96
86
86
76
96
86
63
82
71
72
61
82
72
125
74
61
64
51
74
64
250
67
53
57
43
67
57
500
63
48
53
38
63
53
1,000
60
45
50
35
60
50
2,000
57
42
47
32
57
47
4,000
55
40
45
30
55
45
8,000
53
38
43
28
53
43
*NOTE: In those instances when a commercial facility shares a common wall/ceiling/floor with another commercial facility that is producing the sound.
No person shall cause, suffer, allow, or permit to be made, verbally or mechanically, any unnecessary noise. 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, except as otherwise provided by law. No person shall cause, suffer, allow or permit the following acts:
A. 
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:
(1) 
Unnecessary noise at 50 feet (15 meters) from such device, when operated in or on a motor vehicle on a public right-of-way or public space, so as to exceed the limits set forth in Table I.
(2) 
Unnecessary noise for any person other than the operator of the device.
(3) 
A sound level across a real property line so as to exceed the limits set forth in Table I, or through partitions common to two or more persons within a building, that exceed any applicable limits set forth in Table II.
(4) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection A(4), regarding measuring sound within a multiuse property, of the 2001 Code, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II); see now § 204-6B.
(5) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection A(5), regarding indoor measurements, of the 2001 Code, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II); see now § 204-6C.
(6) 
Impulsive sound. Impulsive sound, except as described in § 204-6D above, shall not equal or exceed 80 decibels at all times.
B. 
Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, liquids, garbage cans or similar objects:
(1) 
Between the hours of 9:00 p.m. and 6:00 a.m. the following day, in such manner as to exceed any applicable limit set forth in Table I, across a residential real property line.
(2) 
By persons engaged in the business of scavenging or garbage collection except between the hours provided in § 160-3E.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
C. 
Repairing, rebuilding, modifying or testing any motor vehicle or motorboat in such manner as to exceed any applicable limits in Table I across a residential real property line.
D. 
Operating or permitting the operation of any tools or equipment used in construction, drilling or demolition work, except for emergency work or action, between the hours of 6:00 p.m. and 7:00 a.m. the following day on weekdays, and/or 6:00 p.m. and 9:00 a.m. on weekends or legal holidays, unless such activities can meet the limits set forth in Tables I and II.
E. 
In no event shall personal or commercial vehicular music-amplification or reproduction equipment 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.; nor should personal vehicular music-amplification equipment 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.; nor should self-contained, portable, hand-held music or sound-amplification or -reproduction equipment 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.
F. 
Operating or permitting operation of any mechanically powered saw, drill, sander, grinder, lawn or garden tool or similar device used outdoors in residential areas between the hours of 9:00 p.m. and 7:00 a.m. on weekdays, weekends and legal holidays, so as to exceed any applicable limits specified in Table I, across a residential real property line. All motorized equipment used in these activities shall be operated with a muffler.
G. 
Sounding or permitting the sounding of any exterior burglar alarm on any building or motor vehicle unless such burglar alarm shall terminate 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 apply.
H. 
The operating or permitting to be operated of any motor vehicle that can compact refuse, between the hours of 9:00 p.m. and 5:00 a.m. the following day, on weekdays, weekends and legal holidays.
The provisions of this chapter shall not apply to:
A. 
The emission of sound for the purpose of alerting persons to the existence of an emergency;
B. 
The emission of sound in the performance of emergency work;
C. 
Bells, chimes or carillons while used in conjunction with religious services;
D. 
Noise from public celebrations or events;
E. 
Surface carriers engaged in commerce by railroad; and
F. 
All other exceptions listed in N.J.A.C. 7:29-1.5.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A. 
Violation of any provision of this chapter shall be cause for a summons to be issued to the violator by the Noise Control Officer according to procedures set forth at N.J.A.C. 7:29-1.7. The recipient of any enforcement document shall be entitled to a hearing in the Borough's Municipal Court.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B. 
Any person who violates any provision of this chapter shall be subject to a penalty for each offense of not more than $2,000 for each offense. If the violation is of a continuing nature, each day during which it occurs shall constitute an additional, separate and distinct offense.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
C. 
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.