[HISTORY: Adopted by the Mayor and Council
of the Borough of South Plainfield 2-22-1982 by Ord. No. 918 (Ch.
135 of the 1982 Code). Amendments noted where applicable.]
A.
Findings.
(1)
Excessive sound and vibration are a serious hazard
to the public health and welfare, safety and the quality of life.
(2)
A substantial body of science and technology exists
by which excessive sound and vibration may be substantially abated.
(3)
The people have a right to and should be ensured an
environment free from excessive sound and vibration that may jeopardize
their health or welfare or safety or degrade the quality of life.
B.
Policy. It is the policy of the Borough of South Plainfield
to prevent excessive sound and vibration which may jeopardize the
health and welfare or safety of its citizens or degrade the quality
of life.
C.
Scope. This chapter shall apply to the control of
all sound and vibration originating within the limits of the Borough
of South Plainfield.
A.
Terminology. All terminology used in this chapter
but not defined below shall be in conformance with applicable publications
of the American National Standards Institute (ANSI) or its successor
body.
B.
A-WEIGHTED SOUND LEVEL
COMMERCIAL AREA
CONSTRUCTION
DECIBEL (dB)
DEMOLITION
EMERGENCY
EMERGENCY WORK
EQUIVALENT A-WEIGHTED SOUND LEVEL
GROSS VEHICLE WEIGHT RATING (GVWR)
IMPULSIVE SOUND
INDUSTRIAL AREA
MOTOR CARRIER VEHICLE ENGAGED IN INTERSTATE COMMERCE
MOTORCYCLE
MOTOR VEHICLE
MUFFLER or SOUND DISSIPATIVE DEVICE
NOISE
NOISE DISTURBANCE
PERSON
POWERED MODEL VEHICLE
PUBLIC RIGHT-OF-WAY
PUBLIC SPACE
REAL PROPERTY BOUNDARY
RESIDENTIAL AREA
RMS SOUND PRESSURE
SOUND
SOUND LEVEL
SOUND-LEVEL METER
SOUND PRESSURE
SOUND-PRESSURE LEVEL
VIBRATION
WEEKDAY
Definitions. As used in this chapter, the following
terms shall have the meanings indicated:
The sound-pressure level in decibels as measured on a sound-level
meter using the A-weighting network. The level so read is designated
"dB(A)" or "dBA."
As defined in the Borough Zoning Ordinance.[1]
Any site preparation, assembly, erection, substantial repair,
alteration or similar action, but excluding demolition, for or of
public or private rights-of-way, structures, utilities or similar
property.
A unit for measuring the volume of a sound, equal to 20 times
the logarithm to the base 10 of the ratio of the pressure of the sound
measured to the reference pressure, which is 20 micropascals (20 micronewtons
per square meter).
Any dismantling, intentional destruction or removal of structures,
utilities, public or private right-of-way surfaces or similar property.
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage which demands immediate
action.
Any work performed for the purpose of preventing or alleviating
the physical trauma or property damage threatened or caused by an
emergency.
The constant sound level that, in a given situation and time
period, conveys the same sound energy as the actual time-varying A-weighted
sound.
The value specified by the manufacturer as the recommended
maximum loaded weight of a single motor vehicle. In cases where trailers
and tractors are separable, the gross combination weight rating (GCWR),
which is the value specified by the manufacturer as the recommended
maximum loaded weight of the combination vehicle, shall be used.
Sound of short duration, usually less than one second, with
an abrupt onset and rapid decay. Examples of sources of impulsive
sound include explosions, drop forge impacts and the discharge of
firearms.
[Amended 5-9-1983 by Ord. No. 952]
As defined in the Borough Zoning Ordinance.[2]
Any vehicle for which regulations apply pursuant to Section
18 of the Federal Noise Control Act of 1972 (P.L. 92-574), as amended,
pertaining to motor carriers engaged in interstate commerce.
As defined in the Motor Vehicle Code of the state. An unenclosed
motor vehicle having a saddle for the use of the operator and two
or three wheels in contact with the ground, including but not limited
to motor scooters and minibikes.
As defined in the Motor Vehicle Code of the state. Any vehicle
which is propelled or drawn on land by a motor, such as but not limited
to passenger cars, trucks, truck-trailers, semitrailers, campers,
go-carts, snowmobiles, amphibious craft on land, dune buggies or racing
vehicles, but not including motorcycles.
A device for abating the sound of escaping gases of an internal-combustion
engine.
Any sound which annoys or disturbs humans or which causes
or tends to cause an adverse psychological or physiological effect
on humans.
Any sound which endangers or injures the safety or health
of humans or animals, or annoys or disturbs a reasonable person or
normal sensitivities, or endangers or injures personal or real property.
An individual, association, partnership or corporation, and
includes any officer, employee, department, agency or instrumentality
of a state or any political subdivision of a state or federal agency
not associated with national defense.
Any self-propelled airborne, waterborne or landborne plane,
vessel or vehicle which is not designated to carry persons, including
but not limited to any model airplane, boat, car or rocket.
Any street, avenue, boulevard, highway, sidewalk or alley
or similar place which is owned or controlled by a governmental entity.
Any real property or structures thereon which are owned or
controlled by a governmental entity.
Any imaginary line along the ground surface, and its vertical
extension, which separates the real property owned by one person from
that owned by another person, but not including intrabuilding real
property division.
As defined in the Borough Zoning Ordinance.[3]
The square root of the time-averaged square of the sound
pressure, denoted "Prms."
An oscillation in pressure, particle displacement, particle
velocity or other physical parameter in a medium with internal forces
that causes compression and rarefaction of that medium. The description
of "sound" may include any characteristic of such sound, including
duration, intensity and frequency.
The weighted sound-pressure level obtained by the use of
a sound-level meter and frequency weighting network, such as A, B
or C as specified in American National Standards Institute specifications
for sound-level meters (ANSI SI.4-1971, or the latest approved revision
thereof). If the frequency weighting employed is not indicated, the
A-weighting shall apply.
An instrument which includes a microphone, amplifier, RMS
detector, integrator or time averager, output meter and weighting
networks used to measure sound-pressure levels and meets ANSI S-1.4.
The instantaneous difference between the actual pressure
and the average or barometric pressure at a given point in space,
as produced by sound energy.
Twenty times the logarithm to the base 10 or the ratio of
the RMS sound pressure to the reference pressure of 20 micropascals
(20 x 10-6N/m2). The sound-pressure level is denoted "LP" or "SPL" and is expressed
in decibels.
An oscillatory motion of solid bodies of deterministic or
random nature described by displacement, velocity or acceleration
with respect to a given reference point.
Any day Monday through Friday which is not a legal holiday.
A.
Noise disturbances prohibited. No person shall unreasonably
make, continue or cause to be made or continued 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 section.
B.
Specific prohibitions. The following acts and the
causing thereof are declared to be in violation of this chapter:
(1)
Radios, television sets, musical instruments and similar
devices. Operating, playing or permitting the operation or playing
of any radio, television, phonograph, drum, musical instrument, sound
amplifier or similar device which produces, reproduces or amplifies
sound between the hours of 10:00 p.m. and 7:00 a.m. the following
day in such a manner as to create a noise disturbance across a real
property boundary.
(2)
Loudspeakers/public-address systems. Using or operating
for any noncommercial purpose any loudspeaker, public-address system
or similar device between the hours of 10:00 p.m. and 7:00 a.m. the
following day such that the sound therefrom creates a noise disturbance
across a residential real property boundary.
(3)
Animals and birds. Owning, possession or harboring
any animal or bird which frequently or for continued duration howls,
barks, meows, squawks or makes other sounds which create a noise disturbance.
"Barking dog" shall be defined as a dog that makes continuous sound
for five minutes or intermittent sound for 20 minutes.
[Amended 6-22-1995 by Ord. No. 1402]
(4)
Vehicle or motorboat repairs and testing. Repairing,
rebuilding, modifying or testing any motor vehicle, a motorcycle or
motorboat in such a manner as to cause a noise disturbance across
a residential real property boundary or within a noise-sensitive zone
between the hours of 10:00 p.m. and 7:00 a.m.
(5)
Places of public entertainment. Operating, playing
or permitting the operation or playing of any radio, television, phonograph,
drum, musical instrument, sound amplifier or similar device which
produces, reproduces or amplifies sound in any place of public entertainment
at a sound level greater than 65 dBA as read by the slow response
on a sound-level meter at any point that is normally occupied by a
customer unless a conspicuous and legible sign is located outside
such place, near each public entrance, stating "Warning: Sound Levels
Within May Cause Permanent Hearing Impairment."
(6)
Powered model vehicles. Operating or permitting the operation of powered model vehicles so as to create a noise disturbance across a residential real property boundary, in a public space or within a noise-sensitive zone between the hours of 8:00 p.m. and 8:00 a.m. the following day. Maximum sound levels for residential property and noise-sensitive zones during the permitted period of operation shall be governed by §§ 300-5A and 300-3, respectively.
(7)
Vibration. Operating or permitting the operation of
any device that creates vibration which is above the vibration perception
threshold of an individual at or beyond the property boundary of the
source. For the purposes of this section, "vibration perception threshold"
means the minimum ground or structure-borne vibrational motion necessary
to cause a municipal investigator to be aware of the vibration by
such direct means as, but not limited to, sensation by touch or visual
observation of moving objects.
(8)
Stationary non-emergency signaling devices.
(a)
Sounding or permitting the sounding of any electronically
amplified signal from any stationary bell, chime, siren, whistle or
similar device intended primarily for nonemergency purposes, from
any place for more than three minutes in any hourly period.
(b)
Devices used in conjunction with places of religious
worship shall be exempt from the operation of this provision.
(9)
Emergency signaling devices.
(a)
The intentional sounding or permitting the sounding outdoors of any fire, burglar or civil defense alarm, siren, whistle or similar stationary emergency signaling device except for emergency purposes or for testing as provided in Subsection B(9)(b).
(b)
Testing.
[1]
Testing of a stationary emergency signaling
device shall occur at the same time of day each time such a test is
performed, but not before 8:00 a.m. or after 8:00 p.m. Any such testing
shall use only the minimum cycle test time. In no case shall such
test time exceed 10 seconds.
[2]
Testing of the complete emergency signaling system, including the functioning of the signaling device and the personnel response to the signaling device, shall not occur more than once in each calendar month. Such testing shall not occur before 8:00 a.m. or after 8:00 p.m. The time limit specified in Subsection B(9)(b)[1] shall not apply to such complete system testing.
(c)
Sounding or permitting the sounding of any exterior
burglar or fire alarm or any motor vehicle burglar alarm unless such
alarm is automatically terminated within 15 minutes of activation.
This provision shall not be interpreted to apply to national defense
alarms.
(10)
Domestic power tools/construction equipment.
Operating or permitting the operation of any construction equipment
and/or any mechanically powered saw, drill, sander, grinder, lawn
or garden tool, snowblower or similar device used outdoors in residential
areas between the hours of 10:00 p.m. and 7:45 a.m. the following
day so as to not cause a noise disturbance across a residential real
property boundary.
[Amended 10-9-2003 by Ord. No. 1633]
A.
Emergency exception and public works operations. The
provisions of this chapter shall not apply to the emission of sound
for the purpose of alerting persons to the existence of any emergency
or the emission of sound in the performance of emergency work. The
provisions of this chapter shall not apply to the operations of the
Borough Public Works Department performed by any employee of the Borough.
The provisions of this chapter shall not apply to any individual performing
work at the request or direction of the governing body, which request
or direction shall have been provided to such individual requiring
the performance of such work prior to the work being initiated.
[Amended 12-3-2012 by Ord. No. 1971]
B.
Special variances.
(1)
The Borough Council shall have the authority, consistent with this section, to grant special variances which may be requested pursuant to § 300-3.
(2)
Special variances shall be granted by notice to the
applicant containing all necessary conditions, including a time limit
on the permitted activity. The special variance shall not become effective
until all conditions are agreed to by the applicant. Noncompliance
with any condition of the special variance shall terminate it and
subject the person holding it to those provisions of this chapter
regulating the source of sound or activity for which the special variance
was granted.
(3)
Application for extension of time limits specified
in special variances or for modification of other substantial conditions
shall be treated like applications for initial special variances.
C.
Variances for time to comply.
(1)
Within 30 days following the effective date of this chapter, the owner of any commercial or industrial source of sound may apply to the Council for a variance in time to comply with § 300-3B(7) or § 300-5. The Mayor and Council shall have authority, consistent with this section, to grant a variance, not to exceed 90 days from the effective date of this chapter.
(2)
Any person seeking a variance in time to comply shall
file an application with the Borough Council. The application shall
contain information which demonstrates that bringing the source of
sound or activity for which the variance is sought into compliance
with this chapter prior to the date requested in the application would
constitute an unreasonable hardship on the applicant, on the community
or on other persons. (Notice of an application for a variance in time
to comply shall be published according to jurisdictional procedure.)
Any individual who claims to be adversely affected by allowance of
the variance in time to comply may file a statement with the Mayor
and Council containing any information to support his claim. If the
Mayor and Council finds that a sufficient controversy exists regarding
an application, a public hearing may be held.
(3)
In determining whether to grant or deny the application,
the Mayor and Council shall balance the hardship to the applicant,
the community and other persons of not granting the variance in time
to comply against the adverse impact on health, safety and welfare
of persons affected, the adverse impact on property affected and any
other adverse impacts of granting the variance. Applicants for variances
in time to comply and persons contesting variances may be required
to submit any information the Mayor and Council may reasonably require.
In granting or denying an application, the Mayor and Council shall
place on public file a copy of the decision and reasons for denying
or granting the variance in time to comply.
(4)
Variances in time to comply shall be granted to the
applicant containing all necessary conditions, including a schedule
for achieving compliance. The variance in time to comply shall not
become effective until all conditions are agreed to by the applicant.
Noncompliance with any condition of the variance shall terminate the
variance and subject the person holding it to those provisions of
this chapter for which the variance was granted.
(5)
Application for extension of time limits specified in variances in time to comply or for modification of other substantial conditions shall be treated like applications for initial variances under Subsection C(2), except that the Mayor and Council must find that the need for the extension or modification clearly outweighs any adverse impacts of granting the extension or modification.
(6)
The Environmental Protection Officer may issue guidelines
defining the procedures to be followed in applying for a variance
in time to comply and the criteria to be considered in deciding whether
to grant a variance.
D.
Appeals. Appeals of an adverse decision of the Mayor
and Council shall be made to the Municipal Court.
A.
No person shall cause, suffer, allow or permit sound
from any industrial, commercial operation or residential property
which when measured at any residential property line is in excess
of any of the following:
(1)
From 7:00 a.m. to 10:00 p.m.:
(a)
Continuous airborne sound which has sound level
in excess of 65 dBA.
(b)
Continuous airborne sound which has an octave
band sound-pressure level in decibels which exceeds the values listed
below in one or more octave bands:
|
Octave Band Center Frequency
(Hz)
|
Octave Band Sound-Pressure Level
(dB)
| |
|---|---|---|
|
31.5
|
96
| |
|
63
|
82
| |
|
125
|
74
| |
|
250
|
67
| |
|
500
|
63
| |
|
1,000
|
60
| |
|
2,000
|
57
| |
|
4,000
|
55
| |
|
8,000
|
53
|
(c)
Impulsive sound in air which has an impulsive
sound level in excess of 80 decibels.
(2)
From 10:00 p.m. to 7:00 a.m.:
(a)
Continuous airborne sound which has a sound
level in excess of 50 dBA.
(b)
Continuous airborne sound which has an octave
band sound-pressure level in decibels which exceeds the values listed
below in one or more octave bands:
|
Octave Band Center Frequency
(Hz)
|
Octave Band Sound-Pressure Level
(dB)
| |
|---|---|---|
|
31.5
|
86
| |
|
63
|
71
| |
|
125
|
61
| |
|
250
|
53
| |
|
500
|
48
| |
|
1,000
|
45
| |
|
2,000
|
42
| |
|
4,000
|
40
| |
|
8,000
|
38
|
(c)
Impulsive sound in air which has an impulsive
sound level in excess of 80 decibels.
B.
No person shall cause, suffer, allow or permit sound
from any industrial, commercial operation which when measured at the
property line of any other commercial operation is in excess of any
of the following:
(1)
Continuous airborne sound which has a sound level
in excess of 65 dBA.
(2)
Continuous airborne sound which has an octave band
sound-pressure level in decibels which exceeds the values listed below
in one or more octave bands:
|
Octave Band Center Frequency
(Hz)
|
Octave Band Sound-Pressure Level
(dB)
| |
|---|---|---|
|
31.5
|
96
| |
|
63
|
82
| |
|
125
|
74
| |
|
250
|
67
| |
|
500
|
63
| |
|
1,000
|
60
| |
|
2,000
|
57
| |
|
4,000
|
55
| |
|
8,000
|
53
|
(3)
Impulsive sound in air which has an impulsive sound
level in excess of 80 decibels.
A.
Requirements.
(1)
No person shall operate or cause to be operated any
motor vehicle or motorcycle not equipped with a muffler or other sound-dissipative
device in good working order and in constant operation.
(2)
No person shall remove or render inoperative or cause
to be removed or rendered inoperative, other than for purposes of
maintenance, repair or replacement, any muffler or sound-dissipative
device on a motor vehicle or motorcycle.
(3)
The Borough Council may list those acts which constitute
violation of this section.
B.
Motor vehicle horns and signaling devices. The following
acts and the causing thereof are declared to be in violation of this
chapter:
(1)
The sounding of any horn or other auditory signaling
device on or in any motor vehicle or motorcycle on any public right-of-way
or public space except as a warning of danger as provided in the Vehicle
Code.
A.
No person shall operate or permit the operation of
any motor vehicle with a gross vehicle weight rating (GVWR) in excess
of 10,000 pounds or any auxiliary equipment attached to such a vehicle
for a period longer than 10 minutes in any hour while the vehicle
is stationary, for reasons other than traffic congestion, on a public
right-of-way or public space within 150 feet (46 meters) of a residential
area or designated noise-sensitive zone, between the hours of 10:00
p.m. and 7:00 a.m. the following day.
B.
All public utilities shall be exempt from the provisions
of this section.
C.
No person shall operate or cause to be operated a
public or private motor vehicle or motorcycle on a public right-of-way
at any time in such a manner that the sound level emitted by the motor
vehicle or motorcycle exceeds the level set forth below:
|
Sound Level in dBA
| ||||
|---|---|---|---|---|
|
Vehicle Class
|
Speed Limit 35 mph or less
|
Speed Limit Over 35 mph
|
Speed Limit Stationary Run-Up
| |
|
Motor carrier vehicle engaged in interstate
commerce of GVWR or GCWR of 10,000 pounds or more
|
86
|
90
|
88
| |
|
All other motor vehicles of GVWR or GCWR of
10,000 pounds or more
|
86
|
90
|
—
| |
|
Any motorcycle
|
82
|
86
|
—
| |
|
Any other motor vehicle or any combination of
vehicles towed by any motor vehicle
|
76
|
82
|
—
| |
D.
The provisions of the United States Environmental
Protection Agency, Rail Carrier Regulations, promulgated January 14,
1976, Title 40, Part 201, shall apply.
A.
Violation of any provision of this chapter shall be
cause for proper action by the Police Department or Environmental
Protection Officer.
B.
Abatement orders. The Police Department is responsible
for enforcement of any provision of this chapter and may issue an
order requiring abatement of any source of sound or vibration alleged
to be in violation of this chapter within a reasonable time period.
C.
Penalties. Any person who violates any provision of
this chapter shall be fined for each offense not more than $1,000.
[Amended 9-9-1999 by Ord. No. 1521]
D.
Other remedies. 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 other law.
