[HISTORY: Adopted by the Township Committee
of the Township of Hazlet 6-19-2001 by Ord. No. 1178-01. Amendments noted
where applicable.]
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 where 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.
- MULTIUSE 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; or
- B. A building which is both commercial (usually on the ground floor) and residential property located above, behind, below or adjacent.
- NOISE CONTROL OFFICER
- An employee of: 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 a municipality with a Department-approved noise control ordinance and the employee has received noise enforcement training and is currently certified in noise enforcement. 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 SPACE
- Any real property or structures thereon that are owned, leased, or controlled by a governmental entity.
- REAL PROPERTY LINE
- Either: the imaginary line including its vertical extension that separates one parcel of real property from another; the vertical and horizontal boundaries of a dwelling unit that is part of a multi-dwelling-unit building; or on a multiuse property, the interface between the two portions of the property on which different categories of activity are being performed (e.g., if the multiuse 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 on 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.
A.
This model noise ordinance applies to sound from the
following property categories:
C.
Sound from stationary emergency signaling devices
shall be regulated in accordance with N.J.A.C. 7:29-1.3, except that
the testing of the electromechanical functioning of a stationary emergency
signaling device shall not meet or exceed 10 seconds.
A.
Whereas, excessive sound is a serious hazard to the
public health, welfare, safety and the quality of life; and
B.
Whereas, a substantial body of science and technology
exists by which excessive sound may be substantially abated; and
C.
Whereas, the people have a right to, and should be
ensured of, an environment free from excessive sound.
D.
Now, therefore, it is the policy of the Township of
Hazlet to prevent excessive sound that may jeopardize the health,
welfare or safety of the citizens or degrade the quality of life.
E.
This chapter shall apply to the control of sound originating
from sources within the Township of Hazlet.
A.
The provisions of this chapter shall be enforced as
applicable, by either Noise Control Officers or any law enforcement
officer empowered to enforce the laws of the State of New Jersey.
All provisions which require the measurement of sound levels by the
use of a sound level measurement device or other similar device shall
be enforced only by Noise Control Officers. A person shall be qualified
to be a Noise Control Officer if the person meets the criteria set
forth in the definition above and completes, at a frequency specified
by the Department in N.J.A.C. 7:29-2.11, a noise certification and
recertification course which are offered by the Department of Environmental
Sciences of Cook College, Rutgers, The State University of New Jersey
or any other noise certification or recertification course which is
offered by an accredited university and approved by the Department.
B.
Sound measurements made by a Noise Control Officer shall conform to the procedures set forth at N.J.A.C. 7:29-2, except that interior sound level measurements shall also conform with the procedures set forth in § 288-5B and C of this chapter and with the definition of "real property line" as contained herein.
C.
Noise Control Officers shall have the power to:
(1)
Coordinate the noise control activities of all departments
in the Township of Hazlet and cooperate with all other public bodies
and agencies to the extent practicable;
(2)
Review the actions of the Township of Hazlet and advise
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;
(4)
Investigate and pursue possible violations of this
chapter for sound levels which equal or exceed the sound levels set
forth in Tables I and II,[1] when measured at a receiving property located within the designated jurisdiction of the Noise Control Officer, in accordance with § 288-7 below.
[1]
Editor's Note: Tables I and II are included at the end of
this chapter.
(5)
Cooperate with Noise Control Officers of adjacent
municipalities in enforcing one another's municipal noise ordinances.
A.
No person shall cause, suffer, allow or permit the operation of any source of sound on any source property listed in § 288-2A above in such a manner as to create a sound level that equals or exceeds the sound level limits set forth in Tables I and II when measured at or within the real property line of any of the receiving properties listed in Tables I and II, except as specified in Subsection B below.[1]
[1]
Editor's Note: Tables I and II are included
at the end of this chapter.
B.
When measuring total sound or residual sound within
a multiuse property, or within a residential unit when the property
line between it and the source property is a common wall, all exterior
doors and windows shall be closed and the measurements shall be taken
in the center of the room most affected by the noise. Residual sound
shall be measured in accordance with N.J.A.C. 7:29-2.9(b)2. When measuring
total sound or residual sound, all sound sources within the dwelling
unit must be shut off (e.g., television, stereo). Measurements shall
not be taken in areas which receive only casual use such as hallways,
closets and bathrooms.
C.
Indoor measurements shall only be taken if the sound
source is on or within the same property as the receiving property,
as in the case of a multiuse property (e.g., sound generated within
a commercial unit of a multiuse property building and received within
a residential unit of the same building) or multi-dwelling-unit building.
In addition, indoor measurements shall be taken if the property line
between the receiving property and the source property is a common
wall, such as in a multi-dwelling-unit building. The allowable sound
level standards for indoors are as shown in Tables I and II.
D.
Impulsive sound. Impulsive sound shall not equal or
exceed 80 decibels at all times.
A.
Applicability and exemptions.
B.
Notwithstanding the provisions of Tables I and II,
the following standards shall apply to the activities or sources of
sound set forth below:[1]
(1)
Noncommercial or nonindustrial power tools and landscaping
and yard maintenance equipment shall not be operated between the hours
of 8:00 p.m. and 8:00 a.m. unless such activities can meet the applicable
limits set forth in Tables I and II. All motorized equipment used
in these activities shall be operated with a muffler. At all other
times, the limits set forth in Tables I and II do not apply to noncommercial
or nonindustrial power tools and landscaping and yard maintenance
equipment;
(2)
Commercial or industrial power tools and landscaping
and yard maintenance equipment, excluding emergency work, shall not
be operated on a residential property or within 250 feet of a residential
property line when operated on commercial or industrial property,
between the hours of 6:00 p.m. and 7:00 a.m. on weekdays, or between
the hours of 6:00 p.m. and 9:00 a.m. on weekends or federal holidays,
unless such activities can meet the limits set forth in Tables I and
II. In addition, commercial or industrial power tools and landscaping
and yard maintenance equipment, excluding emergency work, utilized
on commercial or industrial property shall meet the limits set forth
in Tables I and II between the hours of 10:00 p.m. and 7:00 a.m. All
motorized equipment used in these activities shall be operated with
a muffler. At all other times, the limits set forth in Tables I and
II do not apply to commercial or industrial power tools and landscaping
and yard maintenance equipment;
(3)
Construction and demolition activity, excluding emergency
work, shall not be performed between the hours of 6:00 p.m. and 7:00
a.m. on weekdays, or between the hours of 6:00 p.m. and 9:00 a.m.
on weekends and federal holidays, unless such activities can meet
the limits set forth in Tables I and II. All motorized equipment used
in construction and demolition activity shall be operated with a muffler.
At all other times, the limits set forth in Tables I and II do not
apply to construction and demolition activities;
(4)
Motorized snowblowers, snow throwers, and lawn equipment
with attached snow plows shall be operated at all times with a muffler.
At all times, the limits set forth in Tables I and II do not apply;
(5)
An exterior burglar alarm of a building or motor vehicle
must be activated in such a manner that the burglar alarm terminates
its operation within five minutes for continuous airborne sound and
15 minutes for impulsive sound after it has been activated. At all
times, the limits set forth at Tables I and II do not apply;
(6)
Personal or commercial vehicular music amplification
or reproduction equipment shall not be operated in such a manner that
it is plainly audible at a residential property line between the hours
of 10:00 p.m. and 8:00 a.m.;
(7)
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 10:00 p.m.;
(8)
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 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 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;
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 municipal court having jurisdiction to contest such
action.
B.
Any person who violates any provision of this chapter shall be subject
to a civil penalty for each offense of not more than the maximum penalty
allowed pursuant to N.J.S.A. 40:49-5, which is $2,000 as of December
2014. If the violation is of a continuing nature, each day during
which it occurs shall constitute an additional, separate and distinct
offense.
[Amended 2-17-2015 by Ord. No. 1564-15]
C.
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 any other law.