[HISTORY: Adopted by the Mayor and Council
of the Borough of North Arlington 9-14-1993 by Ord. No. 1597. Amendments
noted where applicable.]
This chapter may be cited as the "Noise Control
Ordinance of the Borough of North Arlington."
[Amended 2-9-2006 by Ord.
No. 1953]
As used in this chapter, the following terms
shall have the meanings described in this section. All terminology
not defined below shall have the meaning described by the American
National Standards Institute or its successor body.
The sound pressure level in decibels as measured on a sound
level meter using the A-weighing network. The level so read is designated
dB(A) or dBA.
Any facility or property used for the purchase or utilization
of goods, services, or land or its facilities, including but not limited
to:
Any site preparation, assembly, creation, substantial repair,
alteration or similar action, but excluding demolition.
Any dismantling, intentional destruction or removal of structures,
utilities, public or private right-of-way surfaces or similar property.
The sound pressure level in decibels as measured on a sound
level meter using the A-weighted network.
A unit for measuring the volume of a sound equal to 20 times
the logarithm to the base of 10 of the ratio of pressure of the sound
measured to the reference pressure, which is 20 micropascals.
Any work performed for the purpose of preventing or alleviating
the physical trauma or property damage threatened or caused by an
emergency.
Sound of a short duration, usually less than one second,
with an abrupt onset and rapid decay. Examples include
Any vehicle which is propelled or drawn on land by a motor,
such as, but not limited to, passenger cars, trucks, truck-trailers,
semitrailers, campers, go carts, amphibious craft on land, dune buggies
or racing vehicles but not including motorcycles.
An unenclosed motor vehicle having a saddle for the use of
the operator and two or three wheels in contact with the ground, including
but not limited to motor scooters.
A device for abating the sound of escaping gases of an internal
combustion engine.
Any sound which annoys or causes or tends to cause adverse
psychological or physiological effects on humans.
Any sound which either endangers or injures the safety or
health of humans or animals, or annoys or disturbs a reasonable person
of normal sensitivities, or endangers or injures personal or real
property.
Any individual, association, partnership, or corporation
and includes any officer, employee, department, agency or instrumentality
of the state or any political subdivision of the state.
Any street, avenue, boulevard, highway, sidewalk, or alley
or similar place which is owned or controlled by a governmental entity.
Any real property or structures thereon which are owned or
controlled by a governmental entity.
An imaginary line along the ground surface, and its vertical
extension, which separates the real property owned by one person from
that owned by another person, but not including intrabuilding real
property divisions.
Property used for human habitation, including but not limited
to the following:
An oscillation in pressure, particle displacement, particle
velocity or other physical parameter, in a medium with internal forces
that causes compression and rarefaction of that medium. The description
of sound may include any characteristics of such sound, including
duration, intensity, or frequency.
The weighted sound pressure level obtained by the use of
a sound level meter and frequency weighing network, such as A, B,
or C as specified in American National Standards Institute specifications
for sound level meters (ANSI SI. 4-1971, or the latest approved revision
thereof). If the frequency weighing employed is not indicated, the
A-weighing shall apply.
An instrument which includes a microphone, amplifier, RMS
detector, integrator or time average, output meter, and weighing networks
used to measure sound pressure levels.
The instantaneous difference between actual pressure and
the average barometric pressure at a given point in space, as produced
by sound energy.
Any noise which is avoidable, not absolutely needed and the
elimination of which will not cause greater hardship than the noise
itself.
Twenty times the logarithm to the base 10 of the ratio of
the RMS sound pressure of 20 micropascals (20 x 10 - 6N/m2). The sound pressure level is denoted LP or SPL and
is expressed in decibels.
Any day Monday through Friday which is not a legal holiday.
Except as otherwise provided in the Code of
the Borough of North Arlington or by law, the provisions of this chapter
shall be administered and enforced by the Department of Health, the
Police Department, and the Building Department, herein referred to
as the "enforcing authorization" or the "enforcing authorities." The
Police Department shall administer and enforce provisions affecting
or involving motor vehicles.
In order to implement and enforce this chapter
towards the goal of noise abatement and control, the enforcing authorities
shall have, in addition to any other vested powers, the duty and responsibility
to:
A.
Investigate and pursue violations. In consonance with
the provision of this chapter, investigate and pursue possible violations
of this chapter.
B.
Inspections. Make whatever inspections are necessary
for the enforcement of this chapter. Measure sound levels across real
property lines and make any other tests necessary to determine compliance
with this chapter. Upon presentation of proper credentials, enter
and inspect any building or place be it either public or private property
and inspect any report or records at any reasonable time when granted
permission by the owner, or by some other person with apparent authority
to act for the owner. When permission is refused or cannot be obtained,
a search warrant may be obtained from a court of competent jurisdiction
upon showing of probable cause to believe that a violation of this
chapter may exist.
C.
Coordination. Share personnel and equipment and coordinate
efforts with the other departments as required to best insure affective
enforcement of this chapter.
D.
Delegation of authority. Delegate functions, where
appropriate under this chapter, to personnel within their respective
departments or to other agencies or departments.
E.
Contracts. Enter into contracts, with the approval
of the Mayor and Council, for the provision of technical and enforcement
services.
F.
Review public and private projects. Review public
and private projects subject to mandatory review by the Borough for
compliance with this chapter.
All departments and agencies shall carry out
their programs in a manner which furthers the policy of this chapter.
Noise measurements made for the enforcement
of this chapter shall be taken in accordance with procedures specified
by N.J.A.C. 7:29B. Such measurements shall be made by a person who
is deemed qualified pursuant to N.J.A.C. 7:29B.
No person shall cause, suffer, allow, or permit
the operation of any source of sound on a particular category or property
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 the real
property line of the receiving property.
|
Table 1
Maximum Permissible Sound Levels by Receiving
Property Category
| ||||
|---|---|---|---|---|
|
Receiving Property Category
| ||||
|
Sound Source Property
|
Residential
(7:00 a.m. - 10:00 p.m.)
|
Residential
(10:00 p.m. - 7:00 a.m.)
|
Commercial
(all times)
|
Industrial
(all times)
|
|
Residential
|
55 dBA
|
50 dBA
|
65 dBA
|
75 dBA
|
|
Commercial
|
65 dBA
|
50 dBA
|
65 dBA
|
75 dBA
|
|
Industrial
|
65 dBA
|
50 dBA
|
65 dBA
|
75 dBA
|
The sound levels listed in Table 1 shall not
apply to:
A.
Domestic power tools, lawn mowers, and agricultural
equipment when operated with a muffler between the hours of 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.
[Amended 10-14-2010 by Ord. No. 2061]
B.
Church bells and church chimes.
D.
Noise from air-conditioning and air-handling devices, except as provided in § 243-13L of this chapter.
E.
Noise from snowblowers, snow throwers, and snow plows
when operated, with a muffler, for the purpose of snow removal.
A.
The making, creating or permitting of any unreasonably
loud, disturbing or unnecessary noise from motor vehicles and motorcycles
is hereby prohibited.
B.
The making, creating or permitting of any noise of
such character, intensity or duration from motor vehicles and motorcycles
as to be detrimental to the life, health or welfare of any individual
or which either steadily or intermittently annoys, disturbs, injures
or endangers the comfort, repose, peace or safety of any individual
is hereby prohibited.
A.
No person shall cause, suffer, allow or permit the
operation of any motor vehicle or motorcycle not equipped with the
original muffler or equivalent replacement in good working order and
in constant operation.
B.
No person shall remove or render inoperative, or cause
to be removed or rendered inoperative, other than for purposes of
maintenance, repair, or replacement, any muffler on a motor vehicle
or motorcycle.
The following acts and the causing thereof are
declared to be in violation of this chapter:
A.
The sounding of any horn or other auditory signaling
device in any motor vehicle or motorcycle on any public right-of-way
or public space, except as a warning of danger or where the motor
vehicle statutes of New Jersey require the sounding of such horn or
signal device.
B.
The sounding of any horn or other auditory signaling
device in any motor vehicle or motorcycle that produces a sound level
in excess of 100 dBA at 25 feet (7.5 meters).
No person shall operate or permit the operation of any vehicle or any auxiliary equipment attached to such a vehicle, for a period longer than three minutes in any hour while the vehicle is stationary, for reasons other than traffic congestion, on a public right-of-way or public space, or within 150 feet of a residential area between the hours of 8:00 p.m. and 8:00 a.m. except for refuse collection as described in § 243-13K of this chapter.
No person shall cause, suffer, allow, or permit
the following acts:
A.
Creation of unnecessary noise, or a noise disturbance.
B.
Operating, playing or permitting the operation or
playing of any radio, television, phonograph, portable stereo device,
tape recorder, drum, musical instrument, sound amplifier, or similar
device which produces, reproduces, or amplifies sound:
(1)
In such a manner as to create unnecessary noise at
50 feet from such a device when operated in public buildings, on public
modes of transportation, on public streets or at any other public
place or on a motor vehicle on a public right-of-way.
(2)
In such a manner as to create unnecessary noise for
any person other than the operator of the device.
(3)
In such a manner as to create a sound level across
a real property line, or through partitions common to two or more
persons within a building, that exceeds the applicable limit set forth
in Table 1.
C.
Using or operating any loudspeaker, public address
system or similar device between the hours of 8:30 p.m. and 9:30 a.m.
the following day, or on Saturday, Sunday or legal holidays, such
that the sound therein creates unnecessary noise across a residential
real property line. This provision shall not apply to any public performance,
gathering or parade for which a permit has been obtained form the
Borough of North Arlington.
[Amended 12-3-2002 by Ord. No. 1860]
D.
Offering for sale or selling anything by shouting
or outcry within any residential or commercial area.
E.
Animals. Owning, possessing or harboring any animal
or bird that frequently or for a continued duration makes sounds that
create a noise disturbance across a residential real property line.
For the purpose of this chapter, a dog barking continuously for 10
minutes or intermittently for 30 minutes will constitute a noise disturbance.
F.
Loading and unloading. Loading, unloading, opening,
closing, or other handling of boxes, crates, containers, building
materials, liquids, garbage cans, or similar objects between the hours
of 10:00 p.m. and 6:00 a.m. the following day in such a manner as
to exceed any applicable limit set forth in Table 1.
G.
Construction; operating or permitting the operation
of tools or equipment used in construction, drilling, demolition,
or similar work between the hours of 6:00 p.m. and 7:00 a.m. the following
day, Monday through Friday; Saturday prior to 9:00 a.m. or after 6:00
p.m., or at any time on Sunday or legal holidays except for emergency
work, or by special variance issued pursuant to this chapter, or when
the resulting sound level does not exceed the applicable limit set
in Table I.
[Amended 12-3-2002 by Ord. No. 1860]
H.
Place of public entertainment. Operating, playing,
or permitting the operation or playing of any radio, television, phonograph,
drum, musical instrument, sound amplifier, or similar device that
produces or amplifies sound in any place of public entertainment as
to exceed any applicable limit specified in Table 1.
I.
Explosives, firearms, and similar devices. The use or firing or explosives, firearms, or similar devices which create impulsive sound so as to cause a noise disturbance across a real property line or on a public space or right-of-way, without first obtaining a variance issued pursuant to § 243-14 of this chapter.
J.
Emergency signaling devices. The intentional sounding
or permitting the sounding of any fire, burglar, civil defense, or
other emergency signaling device, except for emergency or testing.
Testing of any emergency signaling device shall take place at the
same time of the day for each test and shall be performed between
9:00 a.m. and 9:00 p.m. and shall not exceed 30 seconds. Provisions
shall be made by the owner of an emergency signaling device for that
device to be turned off in a timely manner after the signal has served
its purpose of signaling an emergency. Emergency signaling devices
shall be maintained in good repair to prevent repeated accidental
alarms.
K.
Sanitation and refuse collection. The operation of
sanitation or refuse collection equipment between the hours of 8:00
p.m. and 6:00 a.m. on weekdays and Saturdays, and earlier that 8:00
a.m. on Sundays and legal holidays except for emergency work, or by
variance issued pursuant to this chapter, or when the sound level
resulting does not exceed any applicable limit set forth in Table
1.
L.
Air-conditioning and air-handling devices. The operation
of air-conditioning or air-handling devices, including heat pumps,
that produces a sound level greater than a fifty-five-decibel increase
in the sound level that exists in the absence of such sound.
B.
Special variances.
(1)
The Directors shall have the authority, consistent
with this section, to grant special variances which may be requested
of good cause shown.
(2)
Any person seeking a special variance pursuant to
this section shall file an application with the Director. The application
shall contain information which demonstrates that bringing the source
of sound or activity for which the special variance is sought into
compliance with this chapter would constitute an unreasonable hardship
on the applicant, on the community, or on other persons. Any individual
who claims to be adversely affected by allowance of the special variance
may file a statement with the Directors containing any information
to support his or her claim. If the Directors find that a sufficient
controversy exists regarding an application, a public hearing may
be held.
(3)
In determining whether to grant or deny the application,
the Directors shall balance the hardship to the applicant, the community
and other persons, the special health, safety, and welfare of persons
affected, the adverse impact on property affected, and any other adverse
impact in granting the special variance. Applicants for special variances
and persons contesting special variances may be required to submit
any information the Directors may reasonably require. In granting
or denying an application, the Directors shall place on public file
a copy of the decision and the reasons for denying or granting the
special variance.
(4)
Variances in time to comply shall be granted to the
applicant containing all necessary conditions, including a schedule
for achieving compliance. The variance in time to comply shall not
become effective until all conditions are agreed to by the applicant.
Noncompliance with any condition of the variance shall terminate the
variance and subject the person holding it to those provisions of
this chapter for which the variance was granted.
(5)
Application for extension of time limits specified in variances in time to comply or for modification of other substantial conditions shall be treated like applications for initial variances under § 243-14B, except that the Directors must find that the need for extension or modification clearly outweighs any adverse impact of granting the extension or modification.
(6)
The Directors may issue guidelines defining the procedures
to be followed in applying for a variance in time to comply and the
criteria to be considered in deciding whether to grant a variance.[1]
[1]
Editor's Note: Original Section 150-15, Enforcement,
which immediately followed this section, was repealed 2-9-2006 by
Ord. No. 1953.
Violation of any provisions of this chapter
shall be cause for a notice of violation to be issued.
A.
In conjunction with the issuance of a notice of violation
the enforcing authority shall issue an order requiring abatement of
any source of sound alleged to be in violation of this chapter within
a reasonable time period and according to guidelines which the said
authority may prescribe.
C.
Impoundment of motor vehicles.
(1)
Any motor vehicle found to be operated in violation
of this chapter shall be impounded forthwith by the Police Department.
The operator of said motor vehicle shall be issued a summons that
shall inform him or her of the right to a hearing in regard to the
violation of the ordinance and in regard to the obligation to pay
any towing and impoundment charges that occur because of the violation.
(2)
If the operator of a motor vehicle demands a hearing
in regard to the validity of the impoundment of his or her vehicle,
said hearing shall be scheduled by the Municipal Court within 72 hours
of the written request for the hearing. If the Court finds that there
was no probable cause to seize the vehicle, the Court shall order
the release of the vehicle without charge to the defendant or owner
of the vehicle.
D.
Any person who violates § 243-13B of this chapter shall have the noise-producing equipment impounded by the North Arlington Police Department and be subject to the issuance of a summons by the North Arlington Police mandating a court appearance by the violator in order to retrieve said equipment.
