The following words and terms, when used in
this chapter, shall have the following meanings, unless the context
clearly indicates otherwise. Terms not defined in this chapter have
the same meaning as those defined in N.J.A.C. 7:29.
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
The 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
Either a single pressure peak or a single burst (multiple
pressure peaks) that has a duration of less than one second.
MOTOR VEHICLE
Any vehicle that is 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 when such a
device is part of the normal configuration of the equipment.
MULTI-DWELLING-UNIT BUILDING
Any building comprising two or more dwelling units, including,
but not limited to, apartments, condominiums, co-ops, multiple-family
houses, townhouses and attached residences.
MULTI-USE 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.
B.
A building which is both commercial (usually
on the ground floor) and residential property located above, behind,
below or adjacent.
NOISE CONTROL OFFICER
A.
An employee of:
(1)
A local, county or regional health agency which
is certified pursuant to the County Environmental Health Act (N.J.S.A.
26:3A2-21 et seq.) to perform noise enforcement activities; or
(2)
A municipality with a Department-approved noise
control ordinance and the employee has received noise enforcement
training and is currently certified in noise enforcement.
B.
The employee must be acting within his or her
designated jurisdiction and must be authorized to issue a summons
in order to be considered a noise control officer.
PLAINLY AUDIBLE
Any sound that can be detected by a person using his or 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 easement that is owned, leased 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;
B.
The vertical and horizontal boundaries of a
dwelling unit that is part of a multi-dwelling-unit building; or
C.
On a multi-use property, the interface between
the two portions of the property on which different categories of
activity are being performed (e.g., if the multi-use 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)
WEEKDAY
Any day that is not a federal holiday, and beginning on Monday
at 7:00 a.m. and ending the following Friday at 6:00 p.m.
WEEKENDS
Beginning on Friday at 6:00 p.m. and ending on the following
Monday at 7:00 a.m.
[Amended 8-28-2000 by Ord. No. 11-99-00]
A. Violation of any provision of this chapter shall be
cause for an enforcement document to be issued to the violator by
the noise control officer according to procedures set forth at N.J.A.C.
7:29-1.6. The recipient of an enforcement document shall be entitled
to a hearing in the municipal court having jurisdiction to contest
such action. In addition, any law enforcement officer, code official
or health care officer shall have jurisdiction and power to initiate
enforcement actions and issue summonses for any violation of the provisions
of this ordinance.
B. Any person who violates any provision of this ordinance
shall be subject to a civil penalty for each offense of not more than
$3,000. If the violation is of a continuing nature, each day during
which it occurs shall constitute an additional, separate and distinct
offense.