[HISTORY: Adopted by the Town Council of the Town of Phillipsburg 5-15-1990
by Ord. No. O:90-8 (Ch. 36 of the 1969 Code). Amendments
noted where applicable.]
[Amended 3-7-1995 by Ord. No. O:95-03]
It is the policy of the Town of Phillipsburg, 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 either stationary or
moving sources within the limits of the Town of Phillipsburg.
The following definitions shall apply in the interpretation of this
chapter:
A group of commercial facilities and the abutting public rights-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:
Any site preparation, assembly, erection, repair, alteration or similar
action, but excluding demolition of buildings or structures.
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); abbreviated "dB."
Any dismantling, intentional destruction or removal of buildings
and structures.
Any work or action necessary to deliver essential 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
or abating life-threatening conditions.
Any activity and its related premises, property, facilities or equipment
involving the fabrication, manufacture or production of durable or nondurable
goods.
Any vehicle that is propelled or drawn on land by an engine or motor.
A sound-dissipative device or system for abating the sound of escaping
gasses of an internal combustion engine.
Any building wherein there are two or more dwelling units.
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 Town 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.
[Amended 3-7-1995 by Ord. No. O:95-03]
The Noise Control Officer designated as the official liaison with
all municipal departments, empowered to grant permits for variances.
An officially designated employee of the Town, of a group of municipalities
or of the county, trained in the measurement of sound and empowered to issue
a summons for violations of this chapter.
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.
Any individual, corporation, company, association, society, firm,
partnership, joint-stock company, the state or any political subdivision,
agency or instrumentality of the state.
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 are owned, leased or
controlled by a governmental entity.
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.
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:
The sound-pressure level measured in decibels with a sound-level
meter set for A-weighting; sound level is expressed in dBA.
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.
Any day, Monday through Friday, that is not a legal holiday.
A.
The provisions of this chapter shall be enforced by the Noise Control Officers, except that the provisions of § 384-6A may also be enforced by the Police Department in the manner provided by law for violations of other ordinances prohibiting certain conduct.
[Amended 3-7-1995 by Ord. No. O:95-03]
B.
The Noise Control Administrator shall have the power
to:
(1)
Coordinate the noise-control activities of all municipal
departments and cooperate with all other public bodies and agencies to the
extent practicable.
(2)
Review the actions of other municipal departments and
advise such departments 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.
C.
The Noise Control Administrator shall consult with the
airport proprietor to recommend changes in airport operations to minimize
any noise which the airport owner may have the authority to control in its
capacity as proprietor. The Noise Control Administrator shall report on his/her
efforts to the governing body.
D.
A person shall be qualified to be a Noise Control Officer
if the person has satisfactorily completed any of the following:
A.
All departments and agencies of the Town of Phillipsburg
shall carry out their programs according to law and shall cooperate with the
Noise Control Administrator in the implementation and enforcement of this
chapter.
B.
All departments charged with new projects or changes
to existing projects that may result in the production of noise shall consult
with the Noise Control Administrator 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 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 § 384-5B.
B.
When measuring noise within a dwelling unit of a multi-dwelling-unit
building, all exterior doors and windows shall be closed, and the measurements
shall be taken in the center of the room.
|
Table I
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|---|---|---|---|---|---|---|
|
Maximum Permissible Sound levels by Receiving Property
Category
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|
(dBA)
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|
Receiving Property Category
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Sound Source Property Category
|
Another Dwelling Within a Multi-
Dwelling-Unit Building
7:00 a.m. to 10:00 p.m.
|
Another Dwelling Within a Multi-
Dwelling-Unit Building
10:00 p.m. to 7:00 a.m.
|
Residential
7:00 a.m. to 10:00 p.m.
|
Residential
10:00 p.m. to 7:00 a.m.
|
Commercial
All times
|
Industrial
All times
|
|
Any location within a multi- dwelling- unit building
|
45
|
40
|
55
|
50
|
65
|
75
|
|
Residential
|
55
|
50
|
65
|
75
| ||
|
Commercial or public spaces or rights-of- way
|
65
|
50
|
65
|
75
| ||
|
Industrial
|
65
|
50
|
65
|
75
| ||
C.
The following are exempt from the sound-level limits
of Table I:
(1)
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 or within any real property
line of a residential property.
(2)
Sound from church bells and church chimes when a part
of a religious observance or service.
(3)
Noise from construction activity, provided that all motorized equipment used in such activity is equipped with functioning mufflers, except as provided in § 384-6B(4).
[Amended 3-7-1995 by Ord. No. O:95-03]
(4)
Noise from snowblowers, snow throwers, and snow plows
when operated with a muffler for the purpose of snow removal.
(5)
Noise from stationary emergency signaling devices that
conforms with the provisions of N.J.A.C. 7:29.
(6)
Noise from an exterior burglar alarm of any building
or motor vehicle provided, such burglar alarm shall terminate its operation
within 15 minutes after it has been activated.
[Amended 3-7-1995 by Ord. No. O:95-03]
A.
Unnecessary noise. It shall be unlawful for any person
to make, continue, suffer, permit, allow or cause to be made or continued,
upon any premises or in any vehicle owned, occupied or controlled by him or
upon any public street, thoroughfare or parking lot or in any public park,
playground, gathering place or means of public transportation, any excessive,
unnecessary or unusually loud noise which either annoys, injures, disturbs
or endangers the comfort, health, repose, peace or safety of others within
the Town or which are so harsh, prolonged or unusual in their use, time and
place as to annoy, disturb or endanger the comfort, health, repose, peace
or safety of others in the Town. Loud, disturbing, injurious, unnecessary
and unlawful noises in violation of this subsection include but are not limited
to the following enumerated acts:
(1)
[1]Owning, possessing or harboring any pet animal or pet bird that
frequently or for continued duration makes sounds that create a noise disturbance.
For the purpose of this section, a noise disturbance from a barking dog shall
be defined as that created by a dog barking continually for 10 minutes or
intermittently for 30 minutes, unless provoked.
(2)
Yelling, shouting, whistling or singing in public, particularly
between the hours of 10:00 p.m. and 7:00 a.m., or at any time or place, which
annoys or disturbs the quiet, comfort or repose of persons in any home, office,
dwelling, hotel, motel or other type of residence or of any persons in the
vicinity.
(3)
The sounding of a horn or warning device on an automobile,
motorcycle, bus or other vehicle for a period of 30 seconds or more except
when required by law or when necessary to give timely warning of the approach
of the vehicle or as warning of impending danger to persons driving other
vehicles or to persons on the street.
(4)
Personal or commercial vehicular music amplification
or reproduction equipment shall not be operated upon the public streets of
the Town of Phillipsburg in such a manner that it is plainly audible at any
residential property line between the hours of 8:00 p.m. and 8:00 a.m.
[Added 11-1-1999 by Ord. No. O:99-19[2]]
(5)
Personal vehicular music amplification equipment shall
not 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 8:00 p.m.
[Added 11-1-1999 by Ord. No. O:99-19[3]]
(6)
Self-contained, portable, handheld music or sound amplification
or reproduction equipment shall not be operated on a public space or public
right-of-way in such 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.
[Added 11-1-1999 by Ord. No. O:99-19[4]]
B.
No person shall cause, suffer, allow or permit the following
acts:
(1)
Loudspeakers and public address systems. Using or operating
any loudspeaker, public address system or similar device between the hours
of 10:00 p.m. and 8:00 a.m. in the following day such that the sound therefrom
creates a noise disturbance across a residential real property line.
(2)
Loading and unloading. 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 the hours of
10:00 p.m. and 7:00 a.m. the following day, when the latter is a weekday,
and between the hours of 10:00 p.m. and 7:00 a.m. the following day when the
latter is a legal holiday or a weekend day, except by permit, when the sound
therefrom creates a noise disturbance across a residential real property line.
(3)
Standing motor vehicles. Operating or permitting the
operation of any motor vehicle whose manufacturer's gross weight 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 (46 meters) of a residential area between
the hours of 8:00 p.m. and 8:00 a.m. of the following day.
(4)
Construction and demolition. Operating or permitting
the operation of any tools or equipment used in construction, drilling, earthmoving,
excavating or demolition work between the hours of 6:00 p.m. and 7:00 a.m.
the following day on weekdays or at any time on weekends or legal holidays,
provided that such equipment is equipped with a functioning muffler except
for:
The provisions of this chapter shall not apply to:
A.
Any person who owns or operates any stationary noise
source may apply to the Noise Control Administrator 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 nature and intensity 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 by the applicant to minimize noise and the impacts occurring therefrom.
(6)
A specific schedule of the noise-control measures which
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 Noise
Control Administrator 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 Noise Control Administrator may charge the applicant
in accordance with local ordinance a fee to cover expenses resulting from
the processing of the permit of variance application.
E.
The Noise Control Administrator may, at his/her 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 noise levels occurring during the period of the variance
will not constitute a danger to public health and that compliance with this
chapter would impose an arbitrary or unreasonable hardship upon the applicant
without equal or greater benefits to the public.
G.
In making the determination on granting a variance, the
Noise Control Administrator shall consider:
(1)
The character and degree of injury to or interference
with the health and welfare or the reasonable use of property which is caused
or threatened to be caused.
(2)
The social and economic value of the activity for which
the variance is sought.
(3)
The ability of the applicant to apply best practical
noise control measures.
H.
The permit of variance may be revoked by the Noise Control
Administrator if the terms of the permit of variance are violated.
I.
A variance may be revoked by the Noise Control Administrator
if there is:
A.
Issuance of summons. Violation of any provision of this chapter shall be cause for a summons to be issued by the Noise Control Officer according to procedures set forth in N.J.A.C. 7:29B or by a police officer when authorized by § 384-3A.
[Amended 3-7-1995 by Ord. No. O:95-03]
B.
Abatement orders.
(1)
Except as provided in Subsection B(2), in lieu of issuing a summons as provided in § 384-9A, Issuance of summons, the Noise Control Officer may 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 Noise Control Officer may prescribe.
(2)
An abatement order shall not be issued if any person
willfully or knowingly violates any provision of this chapter or if the Noise
Control Officer has reason to believe that there will not be compliance with
the abatement order.
C.
Penalties.
(1)
Any person who violates any provision of this chapter shall be subject to a penalty for each offense of not more than $500, except as provided in Subsection C(2).
(2)
Any person who willfully or knowingly violates any provision
of this chapter shall be subject to a penalty for each offense a sum of not
less than $25 and not more than $500.
(3)
If the violation is of a continuing nature, each day
during which it occurs shall constitute an additional, separate and distinct
offense.
D.
Other remedies. 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.
