[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.]
GENERAL REFERENCES
Animals — See Ch. 146.
Vehicles and traffic — See Ch. 187.
Peace and good order — See Ch. 322.
Peddling and soliciting — See Ch. 327.
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. 
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
A-WEIGHTED SOUND LEVEL
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."
COMMERCIAL AREA
As defined in the Borough Zoning Ordinance.[1]
CONSTRUCTION
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.
DECIBEL (dB)
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).
DEMOLITION
Any dismantling, intentional destruction or removal of structures, utilities, public or private right-of-way surfaces or similar property.
EMERGENCY
Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage which demands immediate action.
EMERGENCY WORK
Any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency.
EQUIVALENT A-WEIGHTED SOUND LEVEL
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.
GROSS VEHICLE WEIGHT RATING (GVWR)
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.
IMPULSIVE SOUND
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]
INDUSTRIAL AREA
As defined in the Borough Zoning Ordinance.[2]
MOTOR CARRIER VEHICLE ENGAGED IN INTERSTATE COMMERCE
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.
MOTORCYCLE
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.
MOTOR VEHICLE
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.
MUFFLER or SOUND DISSIPATIVE DEVICE
A device for abating the sound of escaping gases of an internal-combustion engine.
NOISE
Any sound which annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans.
NOISE DISTURBANCE
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.
PERSON
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.
POWERED MODEL VEHICLE
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.
PUBLIC RIGHT-OF-WAY
Any street, avenue, boulevard, highway, sidewalk or alley or similar place which is owned or controlled by a governmental entity.
PUBLIC SPACE
Any real property or structures thereon which are owned or controlled by a governmental entity.
REAL PROPERTY BOUNDARY
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.
RESIDENTIAL AREA
As defined in the Borough Zoning Ordinance.[3]
RMS SOUND PRESSURE
The square root of the time-averaged square of the sound pressure, denoted "Prms."
SOUND
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.
SOUND LEVEL
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.
SOUND-LEVEL METER
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.
SOUND PRESSURE
The instantaneous difference between the actual pressure and the average or barometric pressure at a given point in space, as produced by sound energy.
SOUND-PRESSURE LEVEL
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.
VIBRATION
An oscillatory motion of solid bodies of deterministic or random nature described by displacement, velocity or acceleration with respect to a given reference point.
WEEKDAY
Any day Monday through Friday which is not a legal holiday.
[1]
Editor's Note: The Borough Zoning Ordinance is on file in the office of the Borough Clerk.
[2]
Editor's Note: The Borough Zoning Ordinance is on file in the office of the Borough Clerk.
[3]
Editor's Note: The Borough Zoning Ordinance is on file in the office of the Borough Clerk.
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.
(c) 
Sound sources covered by this provision and not exempted under Subsection B(8)(b) shall be exempted by appropriate authority, using criteria set forth in § 300-4.
(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.
C. 
Exemptions. The provisions of this section shall not apply to:
[Amended 9-9-1999 by Ord. No. 1521
(1) 
The unamplified human voice.
(2) 
Religion.
(3) 
Emergency responses.
(4) 
Interstate railway locomotives and cars.
(5) 
All agricultural activities.
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.