[HISTORY: Adopted by the Mayor and Council of the Borough of River Edge 4-4-1988 by Ord. No. 954 (§ 4-20 of the 1975 Code). Amendments noted where applicable.]
Noise — See Ch. 296.
The purpose of this chapter's regulation of the operation of all business, commercial and retail establishments during certain hours is to protect each such establishment's patrons, employees and neighbors. It has been determined that unprotected and understaffed business, retail and commercial enterprises can more easily fall prey to the criminal element in our society during the late night, early morning hours. To minimize such dangers, certain security measures must be provided. It has also been determined that many business, retail and commercial establishments are located adjacent to residential properties or residentially zoned districts. The regulation of such establishments is necessary to protect the rights of residents to peaceful and quiet enjoyment of their homes and to maintain public harmony.
For the purpose of this chapter, all definitions of words given in Ch. 416, Zoning, shall apply, as will the following, unless this chapter expressly provides otherwise:
- "A" BAND LEVEL
- The total sound level of all noise as measured with a sound-level meter using the "A" weighting network. The unit is dbA.
- AMBIENT LIGHT
- The light (i.e., form of radiant energy making sight possible) from all sources associated with a given environment from any given variety of sources.
- AMBIENT NOISE
- The all-encompassing noise associated with a given environment, usually being a composite of sounds from any number or variety of sources.
- BUSINESS ESTABLISHMENT
- Any place used for the buying or selling, whether wholesale or retail, of any item, commodity or service. Any permitted use included in the C-1 and C-2 Zones established in Ch. 416, Zoning, and any home and professional occupation defined in Ch. 416, Zoning, shall be considered as "business establishments." The terms "business establishment," "retail establishment" and "commercial establishment" are synonymous.
- The complete sequence of values of a periodic quantity which occurs during a period.
- A unit of level which denotes the ratio between two quantities which are proportional to power; the number of decibels corresponding to the ratio of two amounts of power is 10 times the logarithm to the base 10 of this ratio.
- A unit of pressure commonly used in acoustics and is equal to one dyne per square centimeter.
- The smallest increment of time for which the function repeats itself.
- PERIODIC QUANTITY
- Oscillating quantity, the values of which recur for equal increments of time.
- SOUND-PRESSURE LEVEL
- In decibels of a sound; this term shall mean 20 times the logarithm to the base 10 of the ratio of the pressure of this sound to the reference pressure, which reference pressure shall be explicitly stated.
- The resolution of sound or light into components, each of which has a different frequency or wavelength.
The provisions and requirements of this chapter shall apply to all business establishments, except those open to the public for the purposes of:
To any business establishment licensed or permitted to have on-the-premises consumption of alcoholic beverages;
To any business establishment permitted to carry on a business or commercial activity under the laws of the United States, the State of New Jersey or other municipal ordinances not inconsistent with the provisions of this chapter.
[Amended 10-5-1998 by Ord. No. 1235; 6-15-2009 by Ord. No. 1658; 10-5-2015 by Ord. No. 1840]
All retail businesses located in the C-2 Zone District shall be permitted to operate 24 hours a day, provided that they meet the following regulations in addition to the other regulations set forth herein:
There are two employees on continuous duty in that part of the business establishment to which the public is invited. At any business establishment which is a gasoline service station and conforms to the requirements of River Edge Code Chapter 416, Article VI, § 416-21, or is a legal nonconforming use, only one such employee will be required to be on duty of the business establishment.
Each establishment is equipped with a security camera, approved by the Chief of Police of the Borough of River Edge, capable of monitoring and recording activity where cash is maintained on the premises.
The establishment accepts exact change only for cash purchase transactions of more than $5 during the hours between 11:00 p.m. and 5:00 a.m.
Conspicuous signs placing the public on notice for the security camera and exact change policy are posted on the premises. Said signage shall be subject to the approval of the Chief of Police of the Borough of River Edge.
The business establishment shall employ a security officer on the premises or have in operation a security device approved by the Chief of Police of the Borough of River Edge. The security device may consist of a silent and/or audible burglar alarm connected to a central security monitoring system designed to activate police response, a closed-circuit television connected to a central security monitoring system designed to activate police response or such other device which can be activated instantaneously to notify law enforcement officers that a crime or disorderly persons activity is in progress.
The names, address and telephone number of the security officer's employer, if other than the business establishment, shall be provided to the Chief of Police. Any security agency providing the security officer must be licensed by the State of New Jersey. If the security officer is an employee of the business establishment, he or she must demonstrate that he or she has received appropriate training; the training must be determined to be adequate in the reasonably exercised discretion of the Chief of Police.
At any business establishment selling gasoline, no security officer may carry or maintain on premises any firearm, whether he or she is licensed to do so. Any security officer carrying or maintaining on premises a firearm or any weapon must be licensed, if appropriate, and must notify, in writing, the Chief of Police of the firearm or weapon and the security officer's license. Written notice must be provided at least 48 hours before the security officer takes the firearm or weapon onto the property.
The provisions of this section shall not apply to establishments licensed for the sale of alcoholic beverages pursuant to Chapter 114, Alcoholic Beverages, of the Code of the Borough of River Edge, whose hours and mode of operation are governed separately by Borough ordinances and by N.J.S.A. 33:1-1, et. seq. of the laws of New Jersey pertaining to alcoholic beverages.
All retail businesses located in the C-1 Zone District shall only be permitted to operate between the hours of 5:00 a.m. to 11:00 p.m. daily, provided that they adhere to the regulations set forth herein.
All retail businesses located in any other district in the Borough shall only be permitted to operate during the hours set forth in the resolution of approval or between the hours of 5:00 a.m. to 11:00 p.m., whichever is more restrictive. Further the retail businesses must adhere to the regulations set forth herein.
The foregoing restriction shall not apply to any business already established and in operation on the date this ordinance is adopted where approved hours of operation differ from the requirements of the above subsections.
During the hours subject of this chapter, no business establishment having more than 10 on-premises parking stalls may permit any parking, whether by employees or patrons, in any area within 60 feet from any lot line separating the subject lot from a lot used for residential purposes or any R-1, R-2, R-3 or PRD-1 Zone.
Any decibel measurement made pursuant to the provisions of this chapter shall be based on a reference sound pressure of two thousandths (0.002) microbars as measured in any octave band with center frequency, in cycles per second, as follows: 63, 125, 250, 500, 1,000, 2,000, 4,000, and 8,000, or as measured with a sound-level meter using the "A" weighting.
[Amended 6-15-2009 by Ord. No. 1658]
During the hours between 8:00 p.m. and 8:00 a.m. (2000 to 0800 hours), no business establishment adjacent to a lot used for residential purposes shall operate any machinery, equipment or device in any manner so as:
To create any noise which would cause the noise level at the lot line between the subject property and the residentially used property to exceed the ambient noise level along that lot line by more than five decibels, or;
To create any noise having a decibel level in excess of 55 dbA, as measured at the noise source.
[Added 6-15-2009 by Ord. No. 1658]
Commercial construction and landscaping activity is prohibited between the hours of 8:00 p.m. and 8:00 a.m. (2000 hours to 0800 hours), if such activity would cause the noise level to exceed the ambient noise level by more than five decibels.
All commercial landscaping and construction is prohibited within the Borough of River Edge on the first day of the week, commonly known as Sunday and on the following legal holidays: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. Nothing herein, however, shall prohibit the owner or occupier of a residential building from conducting construction or landscaping on his or her own property in which he or she resides, subject to Chapter 296, Noise, of the Borough Code.
Any business establishment having more than 10 on-premises parking stalls and being located adjacent to a property used for residential purposes or any R-1, R-2, R-3 or PRD-1 Zone shall be subject to the following regulations:
During the hours of 9:00 p.m. to 7:00 a.m. (2100 to 0700 hours), no such business establishment shall have any lighting, whether indoor or outdoor, which exceeds by 1.1 footcandles, the ambient light along any lot line contiguous with a lot used for residential purposes or any R-1, R-2, R-3 or PRD-1 Zone.
[Amended 6-15-2009 by Ord. No. 1658]
On-site lighting will be maintained at an intensity of 1.5 footcandles throughout the exterior area permitted for parking in accordance with § 152-5.
All other exterior areas shall be lit at an intensity of 1.0 footcandles.
The regulations imposed by this chapter shall be interpreted and enforced in a manner which is consistent with the Code of the Borough of River Edge. Should any regulation imposed by this chapter be inconsistent with any regulation imposed by other chapters in the Code, the regulations herein imposed shall be superseded.
Relief from the strict enforcement of the regulations imposed by this chapter may be granted by the Planning Board of the Borough of River Edge, but only upon application complying in all respects with the criteria and requirements of Ch. 350, Site Plan Review, necessary to obtain preliminary site plan approval, and only upon satisfaction of the criteria for variance approval contained in N.J.S.A. 40:55D-70c.
[Amended 12-16-1996 by Ord. No. 1172]
Any person who shall violate a provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding $1,000 or by imprisonment for a term not exceeding 90 days, or a period of community service not exceeding ninety days, or any combination thereof. The minimum mandatory penalty for the first offense shall be a fine of $50. For a second or subsequent offense, there shall be a minimum mandatory penalty of $100. A second or subsequent offense shall be one which will have been determined to occur within 365 days after the occurrence of a first offense. A separate offense shall be deemed to have been committed or occurred on each day during or on which a violation occurs or continues.