As used in this article, the following terms
shall have the meanings indicated:
COMMERCIAL AREA
A group of commercial facilities and the abutting public
rights-of-way and public spaces.
COMMERCIAL FACILITY
Any premises, property or facility involving traffic in goods
or furnishing of services for sale or profit, including but not limited
to:
A.
Banking and other financial institutions.
C.
Establishments for providing retail services.
D.
Establishments for providing wholesale services.
E.
Establishments for recreation and entertainment.
CONSTRUCTION
Any site preparation, assembly, erection, repair, alteration
or similar action, but excluding demolition of buildings or structures.
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);
abbreviated dB.
DEMOLITION
Any dismantling, intentional destruction or removal of buildings
or structures.
EMERGENCY WORK
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.
INDUSTRIAL FACILITY
Any activity and its related premises, property, facilities
or equipment involving the fabrication, manufacture or production
of durable or nondurable goods.
MOTOR VEHICLE
Any vehicle that is propelled or drawn on land by an engine
or motor.
MUFFLER
A sound dissipative device or system for abating the sound
of escaping gases of an internal combustion engine.
NOISE
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 state
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.
NOISE CONTROL ADMINISTRATOR
The Noise Control Officer designated as the official liaison
with all municipal departments, empowered to grant permits for variances.
NOISE CONTROL OFFICER
An officially designated employee of the Police Department
trained in the measurement of sound and empowered to issue a summons
for violations of this article.
NOISE DISTURBANCE
Any sound that:
A.
Endangers the safety or health of any person;
or
B.
Disturbs a reasonable person of normal sensitivities;
or
C.
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
that is leased, owned or controlled by a governmental entity.
PUBLIC SPACE
Any real property or structures thereon that 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; or
B.
The vertical and horizontal boundaries of a
dwelling unit that is one in a multi-dwelling-unit building.
RESIDENTIAL AREA
A group of residential properties and the abutting public
rights-of-way and public spaces.
RESIDENTIAL PROPERTY
Property used for human habitation, including but not limited
to:
A.
Private property used for human habitation;
B.
Commercial living accommodations and commercial
property used for human habitation;
C.
Recreational and entertainment property used
for human habitation;
D.
Community service property used for human habitation.
SOUND LEVEL
The sound pressure level measured in decibels with a sound
level meter set for A-weighting; sound level is expressed in dBA.
SOUND LEVEL METER
An instrument used to measure sound level and which conforms
to Type 1 or Type 2 standards as specified in ANSI specifications
S1.4-1971.
WEEKDAY
Any day, Monday through Friday, that is not a legal holiday.
[Amended by Ord. No. 88-14]
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 Subsection
A(1) below.
(1) 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.
B. 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 8:00 a.m. and 8:00 p.m. on weekends
and legal holidays, provided 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 all motorized equipment used in such activity is equipped with functioning mufflers, except as provided in §
441-6B(6).
(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 conform 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 by Ord. No. 88-14]
A. No person shall cause, suffer, allow, or permit to
be made verbally or mechanically any noise disturbance. 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 subsection.
B. No person shall cause, suffer, allow or permit the
following acts:
(1) Sound reproduction systems: 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 a noise disturbance for any person other than the operator
of the device.
(2) 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. on the following day,
such that the sound therefrom creates a noise disturbance across a
residential real property line.
(3) Animals and birds: owning, possessing, or harboring
any pet animal or pet bird that frequently or for continued duration
makes sound that creates a noise disturbance across a residential
real property line (for the purpose of this subsection, 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).
(4) 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 for the compacting of refuse between the hours of 10:00
p.m. and 8:00 a.m., seven days a week, except by permit, when the
sound therefrom creates a noise disturbance across a residential real
property line. All municipal and/or emergency services are exempt
from this provision.
[Amended 10-7-2013 by Ord. No. 2013-19]
(5) 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 10:00
p.m. and 8:00 a.m. of the following day.
(6) 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 and Saturday or at
any time on Sunday or legal holidays, provided such equipment is equipped
with a functioning muffler, except:
[Amended 5-21-2007 by Ord. No. 2007-12]
(b)
By variance issued pursuant to §
441-8; or
(c)
When the sound level does not exceed any applicable limit specified in
Table I.
Violation of any provision of this article shall
be cause for a summons to be issued by the Noise Control Officer according
to procedures set forth in New Jersey Court Rule 3.3-1.
No provision of this article 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 article or from other law.