[HISTORY: Adopted by the Board of Health of the Borough of North Haledon 5-21-1979 (Ch. 203 of the 1990 Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- ENFORCING OFFICIAL
- The Health Officer, Sanitarian or other official as is authorized by the Board of Health to enforce this chapter.
- Includes an individual, firm, corporation, association, society and partnership or their agents or employees.
The following matters, things, conditions or acts and each of them are hereby declared to be a nuisance and injurious to the health of the inhabitants of this municipality:
Any matter, thing, condition or act which is or may become detrimental or a menace to the health of the inhabitants of this municipality.
Any matter, thing, condition or act which is or may become an annoyance or interfere with the comfort or general well-being of the inhabitants of this municipality.
Pollution, or the existence of a condition or conditions which cause or threaten pollution, of any waters in this municipality in such a manner as to cause or threaten injury to any of the inhabitants of this municipality either in their health, comfort or property.
The growth, existence or presence of ragweed on any plot of land, lot, highway, right-of-way or any other public or private place.
The growth, existence or presence of poison ivy within 20 feet of any property line.
The existence or presence of any water or other liquid in which mosquito larvae breed or exist.
The existence or presence of any accumulation of garbage, refuse, manure or animal or vegetable matter which may attract flies and to which flies may have access or in which fly larvae or pupae breed or exist.
Depositing, accumulating or maintaining any matter or thing which serves as food for insects or rodents and to which they may have access or which serves or constitutes a breeding place or harborage for insects or rodents in or on any land, premises, building or other place.
It shall be unlawful for any person or persons to commit, maintain or allow any nuisance, as declared and described in § 659-2.
It shall be unlawful for the owner or owners who have agreed to supply heat to any building designed to be occupied or occupied as a residence by more than two families to fail to supply heat from the first day of October in each year to the first day of May of the succeeding year in such a manner that the temperature of said building where one or more persons reside shall always be kept at 68° F. or above between the hours of 6:00 a.m. and 10:00 p.m.
[Amended 2-18-2015 by Ord. No. 3-2015]
Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. Terms not defined in this section have the same meaning as those defined in N.J.A.C. 7:29.
- Any site preparation, assembly, erection, repair, alteration or similar action of buildings or structures.
- The sound level as measured using the C weighting network with a sound level meter meeting the standards set forth in ANSI S1.4-1983 or its successors. The unit of reporting is dB(C). The C weighting network is more sensitive to low frequencies than is the A weighting network.
- Any dismantling, destruction or removal of buildings, structures, or roadways.
- The New Jersey Department of Environmental Protection.
- EMERGENCY WORK
- Any work or action necessary at the site of an emergency to restore or 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, dredging navigational waterways, or abating life-threatening conditions or a state of emergency declared by a governing agency.
- IMPULSIVE SOUND
- Either a single pressure peak or a single burst (multiple pressure peaks) that has a duration of less than one second.
- MINOR VIOLATION
- A violation that is not the result of the purposeful, reckless or criminally negligent conduct of the alleged violator; and/or the activity or condition constituting the violation has not been the subject of an enforcement action by any authorized local, county or state enforcement agency against the violator within the immediately preceding 12 months for the same or substantially similar violation.
- MOTOR VEHICLE
- Any vehicle that is propelled other than by human or animal power on land.
- A properly functioning sound-dissipative device or system for abating the sound on engines or equipment where such device is part of the normal configuration of the equipment.
- MULTIDWELLING-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:
- (1) 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
- (2) A building, which is both commercial (usually on the ground floor) and residential property, located above, below or otherwise adjacent to.
- NOISE CONTROL INVESTIGATOR (NCI)
- An employee of a municipality, county or regional health commission that has a Department-approved model noise control ordinance and the employee has not received noise enforcement training as specified by the Department in N.J.A.C. 7:29. However, he or she is knowledgeable about the model noise ordinance and enforcement procedures. A noise control investigator may only enforce sections of the ordinance that do not require the use of a sound level meter. The employee must be acting within his or her designated jurisdiction and must be authorized to issue a summons.
- NOISE CONTROL OFFICER (NCO)
- 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 an employee of a municipality with a Department-approved model noise control ordinance. All NCOs must receive noise enforcement training as specified by the Department in N.J.A.C. 7:29 and be currently certified in noise enforcement. The employee must be acting within his or her designated jurisdiction and must be authorized to issue a summons.
- PLAINLY AUDIBLE
- Any sound that can be detected by an NCO or an NCI using his or her unaided hearing faculties of normal acuity. As an example, if the sound source under investigation is a portable or vehicular sound amplification or reproduction device, the detection of the rhythmic bass component of the music is sufficient to verify plainly audible sound. The NCO or NCI 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 vertical boundary that separates one parcel of property (i.e., lot and block) from another residential or commercial property; b) the vertical and horizontal boundaries of a dwelling unit that is part of a multidwelling-unit building; or c) on a multi-use property as defined herein, the vertical or horizontal boundaries 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, or if there is an outdoor sound source such as an HVAC unit on the same parcel of property, the boundary line is the exterior wall of the receiving unit). Note: this definition shall not apply to a commercial source and a commercial receptor which are both located on the same parcel of property (e.g., a strip mall).
- SOUND-PRODUCTION DEVICE
- Any device whose primary function is the production of sound, including, but not limited to, any musical instrument, loudspeaker, radio, television, digital or analog music player, public address system or sound-amplifying equipment.
- SOUND-REDUCTION DEVICE
- Any device, such as a muffler, baffle, shroud, jacket, enclosure, isolator, or dampener, provided by the manufacturer with the equipment, or that is otherwise required, that mitigates the sound emissions of the equipment.
- 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.
- Beginning on Friday at 6:00 p.m. and ending on the following Monday at 7:00 a.m.
This model noise ordinance applies to sound from the following property categories:
This model noise ordinance applies to sound received at the following property categories:
Sound from stationary emergency signaling devices shall be regulated in accordance with N.J.A.C. 7:29-1.4, except that the testing of the electromechanical functioning of a stationary emergency signaling device shall not meet or exceed 10 seconds.
Sound-production devices required or sanctioned under the Americans with Disabilities Act (ADA), FEMA or other government agencies to the extent that they comply with the noise requirement of the enabling legislation or regulation. Devices which are exempted under N.J.A.C. 7:29-1.5 shall continue to be exempted.
Noise Control Officers shall have the authority within their designated jurisdiction to investigate suspected violations of any section of this section and pursue enforcement activities.
Noise Control Investigators shall have the authority within their designated jurisdiction to investigate suspected violations of any subsection of this section that do not require the use of a sound level meter (i.e., plainly audible, times of day and/or distance determinations) and pursue enforcement activities.
Noise Control Officers and Investigators may cooperate with NCOs and NCIs of an adjacent municipality in enforcing one another's municipal noise ordinances.
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 to the procedures set forth in Subsection F(2) of this section and with the definition of "real property line" as contained herein.
When conducting indoor sound level measurements across a real property line, the measurements shall be taken at least three feet from any wall, floor or ceiling and all exterior doors and windows may, at the discretion of the investigator, be closed. The neighborhood residual sound level shall be measured in accordance with N.J.A.C. 7:29-2.9(b)2. When measuring total sound level, the configuration of the windows and doors shall be the same and 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.
Maximum permissible sound levels.
No person shall cause, suffer, allow, or permit the operation of any source of sound on any source property listed in Subsection C(1) above in such a manner as to create a sound level that equals or exceeds the sound level limits set forth in Table I, II or III when measured at or within the real property line of any of the receiving properties listed in Table I, II or III except as specified in Subsection F(2).
Impulsive sound. Between 7:00 a.m. and 10:00 p.m., impulsive sound shall not equal or exceed 80 decibels. Between 10:00 p.m. and 7:00 a.m., impulsive sound which occurs fewer than four times in any hour shall not equal or exceed 80 decibels. Impulsive sound which repeats four or more times in any hour shall be measured as continuous sound and shall meet the requirements as shown in Tables I and II.
Editor's Note: Table III, Maximum, Permissible Octave Band Sound Pressure Levels in Decibels, is included as an attachment to this chapter.
Sound-production devices. No person shall cause, suffer, allow, or permit the operation of any sound-production device in such a manner that the sound crosses a property line and raises the total sound levels above the neighborhood residual sound level by more than the permissible sound level limits set forth in Table IV when measured within the residence of a complainant according to the measurement protocol in Subsection F(2) of this section. These sound level measurements shall be conducted with the sound level meter set for C weighting, fast response.
Restricted uses and activities. The following standards shall apply to the activities or sources of sound set forth below:
Excluding emergency work, power tools, home maintenance tools, landscaping and/or yard maintenance equipment used by a residential property owner or tenant 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 Table I, II or III. At all other times the limits set forth in Table I, II or III do not apply. All motorized equipment used in these activities shall be operated with a muffler and/or sound-reduction device.
Excluding emergency work, power tools, landscaping and/or yard maintenance equipment used by nonresidential operators (e.g., commercial operators, public employees) shall not be operated on a residential, commercial, industrial or public (e.g., golf course, parks, athletic fields) property between the hours of 6:00 p.m. and 8:00 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 Table I, II or III. At all other times the limits set forth in Table I, II or III do not apply. All motorized equipment used in these activities shall be operated with a muffler and/or sound-reduction device.
All 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 Table I, II or III. At all other times the limits set forth in Table I, II or III do not apply. All motorized equipment used in construction and demolition activity shall be operated with a muffler and/or sound-reduction device.
Motorized snow removal equipment shall be operated with a muffler and/or sound-reduction device when being used for snow removal. At all other times the limits set forth in Table I, II or III do not apply.
All interior and exterior burglar alarms 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 intermittent sound after it has been activated. At all other times the limits set forth in Table I, II or III do not apply.
Self-contained, portable, nonvehicular music or sound-production devices 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 operated on a public space or public right-of-way shall not be plainly audible at a distance of 25 feet in any direction from the operator;
It shall be unlawful for any property owner or tenant to allow any domesticated or caged animal to create a sound across a real property line which unreasonably disturbs or interferes with the peace, comfort, and repose of any resident, or to refuse or intentionally fail to cease the unreasonable noise when ordered to do so by a Noise Control Officer or Noise Control Investigator. Prima facie evidence of a violation of this subsection shall include but not be limited to:
Vocalizing (howling, yelping, barking, squawking etc.) for five minutes without interruption, defined as an average of four or more vocalizations per minute in that period; or
Vocalizing for 20 minutes intermittently, defined as an average of two vocalizations or more per minute in that period.
It is an affirmative defense under this subsection that the dog or other animal was intentionally provoked to bark or make any other noise.
Motor vehicles. Violations of each subsection of this Subsection J shall be considered purposeful and therefore nonminor violations.
No person shall remove or render inoperative, or cause to be removed or rendered inoperative or less effective than originally equipped, other than for the purposes of maintenance, repair, or replacement, any device or element of design incorporated in any motor vehicle for the purpose of noise control. No person shall operate a motor vehicle or motorcycle which has been so modified. A vehicle not meeting these requirements shall be deemed in violation of this provision if it is operated stationary or in motion in any public space or public right-of-way.
No motorcycle shall be operated stationary or in motion unless it has a muffler that complies with and is labeled in accordance with the federal noise regulations under 40 CFR Part 205.
Personal or commercial vehicular music amplification or reproduction equipment shall not be operated in such a manner that it is plainly audible at a distance of 25 feet in any direction from the operator between the hours of 10:00 p.m. and 8:00 a.m.
Personal or commercial vehicular music amplification or reproduction equipment shall not be operated in such a manner that is 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.
Violation of any provision of this section shall be cause for a notice of violation (NOV) or a notice of penalty assessment (NOPA) document to be issued to the violator by the Noise Control Officer or Noise Control Investigator.
Any person who violates any provision of this section shall be subject to a civil penalty for each offense of not more than $2,000. If the violation is of a continuing nature, each day during which it occurs shall constitute an additional, separate, and distinct offense.
Upon identification of a violation of this section, the Noise Control Officer or Noise Control Investigator shall issue an enforcement document to the violator. The enforcement document shall identify the condition or activity that constitutes the violation and the specific provision of this section that has been violated. It shall also indicate whether the violator has a period of time to correct the violation before a penalty is sought.
If the violation is deemed by the Noise Control Officer or Noise Control Investigator to be a minor violation (as defined in Subsection B of this section), a NOV shall be issued to the violator.
The document shall indicate that the purpose of the NOV is intended to serve as a notice to warn the responsible party/violator of the violation conditions in order to provide them with an opportunity to voluntarily investigate the matter and voluntarily take corrective action to address the identified violation.
The NOV shall identify the time period (up to 90 days), pursuant to the Grace Period Law, N.J.S.A. 13:1D-125 et seq., where the responsible party's/violator's voluntary action can prevent a formal enforcement action with penalties issued by the Health Department. It shall be noted that the NOV does not constitute a formal enforcement action, a final agency action or a final legal determination that a violation has occurred. Therefore, the NOV may not be appealed or contested.
If the violation is deemed by the Noise Control Officer or Noise Control Investigator to be a nonminor violation, the violator shall be notified that if the violation is not immediately corrected, a NOPA with a civil penalty of no more than $2,000 will be issued. If a nonminor violation is immediately corrected, a NOV without a civil penalty shall still be issued to document the violation. If the violation occurs again (within 12 months of the initial violation) a NOPA shall be issued regardless of whether the violation is immediately corrected or not.
The violator may request from the Noise Control Officer or Noise Control Investigator, an extension of the compliance deadline in the enforcement action. The Noise Control Officer or Noise Control Investigator shall have the option to approve any reasonable request for an extension (not to exceed 180 days) if the violator can demonstrate that a good-faith effort has been made to achieve compliance. If an extension is not granted and the violation continues to exist after the grace period ends, a NOPA shall be issued.
The recipient of a NOPA shall be entitled to a hearing in a municipal court having jurisdiction to contest such action.
The Noise Control Officer or Noise Control Investigator may seek injunctive relief if the responsible party does not remediate the violation within the period of time specified in the NOPA issued.
Any claim for a civil penalty may be compromised and settled based on the following factors:
Consistency, severability and repealer.
If any provision or portion of a provision of this section is held to be unconstitutional, preempted by federal or state law, or otherwise invalid by any court of competent jurisdiction, the remaining provisions of the section shall not be invalidated.
All ordinances or parts of ordinances, which are inconsistent with any provisions of this section are hereby repealed as to the extent of such inconsistencies.
No provision of this section shall be construed to impair any common law or statutory cause of action, or legal remedy there from, of any person for injury or damage arising from any violation of this section or from other law.
It shall be unlawful for any person to rent, lease or otherwise permit the occupancy of any building as a residence or for any person to reside in any building as its owner which:
Is not adequately and properly ventilated.
Fails to provide potable water at sufficient pressure and quantity for each family unit from a public supply approved by the State Department of Health or a private supply approved by the enforcing official.
Does not have plumbing fixtures, consisting of a kitchen sink, bathtub or shower, lavatory and flush toilet connected to the potable water supply.
Does not have facilities for the discharge of all household liquid wastes into a public sewerage system approved by the State Department of Health or into a private sewerage system approved by the enforcing official.
It shall be unlawful for any person to spit upon any public sidewalk or upon any part of the interior or exterior of any building or public conveyance.
[Added 11-22-1993 by Ord. No. BH:1-1993]
It shall be unlawful for any person to urinate or defecate in public or on any part of the interior or exterior of any building or public conveyance.
All places and premises in this municipality shall be subject to inspection by the Board of Health or the enforcing official if the Board or that official has reason to believe that any section of this chapter is being violated.
It shall be unlawful for any person to hinder, obstruct, delay, resist or prevent the Board of Health or the enforcing official from having full access to any place or premises upon which a violation of this chapter is believed to exist.
Whenever a nuisance as declared by this chapter is found on any plot of land, lot, right-of-way or any other private premises or place, notice, in writing, shall be given to the owner thereof to remove or abate the same within such time as shall be specified therein, but not less than five days from the date of service thereof. A duplicate of the notice shall be left with one or more of the tenants or occupants of the premises or place.
If the owner resides out of the state or cannot be so notified speedily, such notice shall be left at that place or premises with the tenant or occupant thereof or posted on the premises, and such action shall be considered proper notification to the owner, tenant or occupant thereof.
Whenever a nuisance as declared by this chapter is found on any public property or on any highway or any other public premises or place, notice, in writing, shall be given to the person in charge thereof to remove or abate the same within such time as shall be specified therein. If such person fails to comply with such notice within the time specified therein, the Board of Health may remove or abate such nuisance in the manner as hereinafter provided in the case of a like condition existing on a private premises or place.
If the owner, tenant or occupants, upon being notified as provided by this chapter, shall not comply with such notice within the time specified therein and fail to remove or abate such nuisance, the Board of Health shall proceed to abate the nuisance or may cause it to be removed or abated in a summary manner by such means as said Board shall deem proper.
The Board of Health may institute an action at law to recover costs incurred by it in the removal or abatement of any nuisance as declared by this chapter from any person who shall have caused or allowed such nuisance to exist or from any owner, tenant, or occupants of the premises who, after notice and notification as herein provided, shall fail to remove and abate the same within the time specified in such notice.
[Added 12-17-1990 by Ord. No. BH:1-1990; amended 11-22-1993 by Ord. No. BH:1-1993; 12-29-2004 by Ord. No. BH:18-2004]
Garbage containers shall be placed at the curbside no earlier than 6:00 p.m. on the night before collection and shall not be left at curbside more than 24 hours following collection. Any business establishment discarding wet food products will be required to have a closed dumpster. Such garbage containers shall conform to the below maximum capacity and weight limitations:
The maximum capacity of all garbage containers, excluding dumpsters, shall be 32 gallons.
The maximum weight limitation of all garbage containers with garbage deposited therein placed at curbside for pickup shall be 50 pounds. Any garbage containers with garbage deposited therein, in excess of 50 pounds, shall not be picked up, but left at curbside, to be removed from curbside within 24 hours and disposed of by the person responsible for garbage.
All persons and/or entities required to have a dumpster shall utilize a dumpster conforming to the size and specification of the Building/Construction Department and/or Board of Health and shall cause said dumpster to be privately emptied and/or removed according to the time frame and schedule established by the Building/Construction Department and/or Board of Health.
[Amended 12-17-1990 by Ord. No. BH:1-1990]
The provisions of this chapter shall be enforced by the Board of Health or its enforcing official.
[Added 12-17-1990 by Ord. No. BH:1-1990; amended 4-28-2008 by Ord. No. BH:7-2008]
Any person who violates or neglects to comply with any provision of this chapter shall, upon conviction thereof, be liable for a penalty not to exceed $2,000 for each violation or for a term of imprisonment not to exceed 90 days or a period of community service not to exceed 90 days.