[HISTORY: Adopted by the Mayor and Council
of the Borough of Dunellen 7-9-1986. Amendments noted where applicable.]
A.
Findings.
(1)
Excessive sound is a serious hazard to the public
health, welfare, safety, and the quality of life; and
(2)
A substantial body of science and technology exists
by which excessive sound may be substantially abated; and
(3)
The people have a right to, and should be ensured
an environment free from excessive sound.
B.
It is the policy of the Borough of Dunellen to prevent
excessive sound that may jeopardize the health, welfare, or safety
of the citizens or degrade the quality of life.
C.
This chapter shall apply to the control of sound originating
from stationary sources within the limits of the Borough of Dunellen.
As used in this chapter, the following terms
shall have the meanings indicated:
A group of commercial facilities and the abutting public
rights-of-way and public spaces.
Any premises, property, or facility involving traffic in
goods or furnishing of services for sale or profit, including but
not limited to:
Any site preparation, assembly, erection, repair, alteration
or similar action, but excluding demolition of buildings or structures.
The practical unit of measurement for sound pressure level;
the number of decibels of a measured sound is equal to 20 times the
logarithm to the base 10 of the ratio of the sound pressure of the
measured sound to the sound pressure of a standard sound (20 micropascals);
abbreviated dB.
Any dismantling, intentional destruction, or removal of buildings
or structures.
Any work or action necessary to 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, or abating life-threatening
conditions.
Any activity and its related premises, property, facilities,
or equipment involving the fabrication, manufacture, or production
of durable or nondurable goods.
Any vehicle that is propelled or drawn on land by an engine
or motor.
A sound-dissipative device or system for abating the sound
of escaping gasses of an internal combustion engine.
Any building wherein there are two or more dwelling units.
Any sounds of such level and duration as to be or tend to
be injurious to human health or welfare, or which would unreasonably
interfere with the enjoyment of life or property throughout the state
or in any portions thereof, but excludes all aspects of the employer-employee
relationship concerning health and safety hazards within the confines
of a place of employment.
The Noise Control Officer designated as the official liaison
with all municipal departments, empowered to grant permits for variances.
An officially designated employee of the municipality, of
a group of municipalities, or of the county, trained in the measurement
of sound and empowered to issue a summons for violations of this chapter.
Any sound that endangers the safety or health of any person,
or disturbs a reasonable person of normal sensitivities, or endangers
personal or real property.
Any individual, corporation, company, association, society,
firm, partnership, joint-stock company, the state or any political
subdivision, agency or instrumentality of the state.
Any street, avenue, boulevard, road, highway, sidewalk, alley
that is leased, owned or controlled by a governmental entity.
Any real property or structures thereon that are owned, leased,
or controlled by a governmental entity.
Either the imaginary line including its vertical extension
that separates one parcel of real property from another, or the vertical
and horizontal boundaries of a dwelling unit that is one in a multi-dwelling-unit
building.
A group of residential properties and the abutting public
rights-of-way and public spaces.
Property used for human habitation, including but not limited
to:
The sound pressure level measured in decibels with a sound
level meter set for A-weighting; sound level is expressed in dBA.
An instrument used to measure sound level and conforms to
Type 1 or Type 2 standards as specified by ANSI Specification S1.4-1971.
Any day, Monday through Friday, that is not a legal holiday.
A.
The provisions of this chapter shall be enforced by
the Noise Control Officers.
B.
The Noise Control Administrator shall have the power
to:
(1)
Coordinate the noise control activities of all municipal
departments and cooperate with all other public bodies and agencies
to the extent practicable.
(2)
Review the actions of other municipal departments
and advise such departments 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.
C.
The Noise Control Administrator shall consult with
the airport proprietor to recommend changes in airport operations
to minimize any noise which the airport owner may have the authority
to control in its capacity as proprietor. The Noise Control Administrator
shall report on his/her efforts to the governing body.
D.
A person shall be qualified to be a Noise Control
Officer if the person has satisfactorily completed any of the following:
(1)
"Community Noise - A Short Course" offered by the
Department of Environmental Science of Cook College, Rutgers, the
State University; or
(2)
A program of tutoring and on-the-job training offered
by the New Jersey Department of Environmental Protection, Office of
Noise Control to its employees; or
A.
All departments and agencies of the Borough of Dunellen
shall carry out their programs according to law and shall cooperate
with the Noise Control Administrator in the implementation and enforcement
of this chapter.
B.
All departments charged with new projects or changes
to existing projects that may result in the production of noise shall
consult with the Noise Control Administrator prior to the approval
of such projects to insure that such activities comply with the provisions
of this chapter.
A.
No person shall cause, suffer, allow, or permit the operation of any source of sound on a particular category of property or any public space or right-of-way in such a manner as to create a sound level that exceeds the particular sound level limits set forth in Table I when measured at or within the real property line of the receiving property except as provided in Subsection B below.
B.
When measuring noise within a dwelling unit of a multi-dwelling-unit
building, all exterior doors and windows shall be closed and the measurements
shall be taken in the center of the room.
|
Table I
| ||||||
|---|---|---|---|---|---|---|
|
Maximum Permissible Sound Levels
by Receiving Property Category (in dBA)
| ||||||
|
Receiving Property Category
| ||||||
|
Sound Source Property Category
|
Another Dwelling Within a Multi-Dwelling-Unit
Building
|
Residential
|
Commercial
|
Industrial
| ||
|
7:00 a.m. to 10:00 p.m.
|
10:00 p.m. to 7:00 a.m.
|
7:00 a.m. to 10:00 p.m.
|
10:00 p.m. to 7:00 a.m.
|
All Times
|
All Times
| |
|
Any location within a multi-dwelling-unit
building
|
45
|
40
|
55
|
50
|
65
|
75
|
|
Residential
|
55
|
50
|
65
|
75
| ||
|
Commercial or public spaces or rights-of-way
|
65
|
50
|
65
|
75
| ||
|
Industrial
|
65
|
50
|
65
|
75
| ||
C.
The following are exempt from the sound level limits
of Table I:
(1)
Noise from domestic power tools, lawn mowers, and
agricultural equipment when operated with a muffler between the hours
of 8:00 a.m. to 8:00 p.m. on weekdays and 9:00 a.m. to 8:00 p.m. on
weekends and legal holidays, provided that they produce less than
85 dBA at or within any real property line of a residential property.
(2)
Sound from church bells and church chimes when a part
of a religious observance or service.
(3)
Noise from construction activity provided all motorized equipment used in such activity is equipped with functioning mufflers, except as provided in § 195-6B(6).
(4)
Noise from snowblowers, snow throwers, and snow plows
when operated with a muffler for the purpose of snow removal.
(5)
Noise from stationary emergency signaling devices
that conforms with the provisions of N.J.A.C. 7:29.
(6)
Noise from an exterior burglar alarm of any building
or motor vehicle, provided that such burglar alarm shall terminate
its operation within 15 minutes after it has been activated.
A.
No person shall cause, suffer, allow, or permit to
be made verbally or mechanically 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.
No person shall cause, suffer, allow, or permit the
following acts:
(1)
Sound reproduction systems. Operating, playing, or
permitting the operation or playing of any radio, television, phonograph,
or similar device that reproduces or amplifies sound in such a manner
as to create a noise disturbance for any person other than the operator
of the device.
(2)
Loudspeakers and public address systems. Using or
operating any loudspeaker, public address system, or similar device
between the hours of 10:00 p.m. and 8:00 a.m. of the following day,
such that the sound therefrom creates a noise disturbance across a
residential real property line.
(3)
Animals and birds. Owning, possessing, or harboring
any pet animal or pet bird that frequently or for continued duration
makes sounds that create a noise disturbance across a residential
real property line. (For the purpose of this section, a noise disturbance
from a barking dog shall be defined as that created by a dog barking
continually for 10 minutes or intermittently for 30 minutes unless
provoked).
(4)
Loading and unloading. Loading, unloading, opening,
closing or other handling of boxes, crates, containers, building materials,
liquids, garbage cans, refuse or similar objects, or the pneumatic
or pumped loading or unloading of bulk materials in liquid, gaseous,
powder, or pellet form, or the compacting of refuse by persons engaged
in the business of scavenging or garbage collection, whether private
or municipal, between the hours of 10:00 p.m. and 6:00 a.m. the following
day when the latter is a weekday and between the hours of 10:00 p.m.
and 6:00 a.m. the following day when the latter is a legal holiday
or a weekend day except by permit, when the sound therefrom creates
a noise disturbance across a residential real property line.
(5)
Standing motor vehicles. Operating or permitting the
operation of any motor vehicle whose manufacturer's gross weight is
in excess of 10,000 pounds, or any auxiliary equipment attached to
such a vehicle, for a period of longer than five minutes in any hour
while the vehicle is stationary, for reasons other than traffic congestion
or emergency work, on a public right-of-way or public space within
150 feet (46 meters) of a residential area between the hours of 8:00
p.m. and 8:00 a.m. of the following day.
(6)
Construction and demolition. Operating or permitting the operation of any tools or equipment used in construction, drilling, earthmoving, excavating, or demolition work between the hours of 6:00 p.m. and 7:00 a.m. the following day on weekdays or at any time on weekends or legal holidays, provided that such equipment is equipped with a functioning muffler except for emergency work, by variance issued pursuant to § 195-8, or when the sound level does not exceed any applicable limit specified in Table I.
A.
B.
Noise from municipally sponsored or approved celebrations
or events shall be exempt from the provisions of this chapter.
A.
Application information.
(1)
Any person who owns or operates any stationary noise
source may apply to the Noise Control Administrator for a variance
from one or more of the provisions of this chapter. Applications for
a permit of variance shall supply information including, but not limited
to:
(a)
The nature and location of the noise source
for which such application is made.
(b)
The reason for which the permit of variance
is requested, including the hardship that will result to the applicant,
his/her client, or the public if the permit of variance is not granted.
(c)
The nature and intensity of noise that will
occur during the period of the variance.
(d)
The section or sections of this chapter for
which the permit of variance shall apply.
(e)
A description of interim noise control measures
to be taken by the applicant to minimize noise and the impacts occurring
therefrom.
(f)
A specific schedule of the noise control measures
which shall be taken to bring the source into compliance with this
chapter within a reasonable time.
(2)
Failure to supply the information required by the
Noise Control Administrator shall be cause for rejection of the application.
(3)
A copy of the permit of variance must be kept on file
by the Municipal Clerk for public inspection.
B.
The Noise Control Administrator may charge the applicant
a fee of $25 to cover expenses resulting from the processing of the
permit of variance application.
C.
The Noise Control Administrator may, at his/her discretion,
limit the duration of the permit of variance, which shall be no longer
than one year. Any person holding a permit of variance and requesting
an extension of time shall apply for a new permit of variance under
the provisions of this section.
D.
No variance shall be approved unless the applicant
presents adequate proof that noise levels occurring during the period
of the variance will not constitute a danger to public health; and
compliance with the ordinance would impose an arbitrary or unreasonable
hardship upon the applicant without equal or greater benefits to the
public.
E.
In making the determination on granting a variance,
the Noise Control Administrator shall consider:
(1)
The character and degree of injury to, or interference
with, the health and welfare or the reasonable use of property which
is caused or threatened to be caused.
(2)
The social and economic value of the activity for
which the variance is sought.
(3)
The ability of the applicant to apply best practical
noise control measures.
F.
The permit of variance may be revoked by the Noise
Control Administrator if the terms of the permit of variance are violated.
G.
A variance may be revoked by the Noise Control Administrator
if there is:
A.
Issuance of summons. Violation of any provision of
this chapter shall be cause for a summons to be issued by the Noise
Control Officer according to procedures set forth in this chapter.
B.
Abatement orders.
(1)
Except as provided in Subsection B(2), in lieu of issuing a summons as provided in Subsection A, the Noise Control Officer may issue an order requiring abatement of any source of sound alleged to be in violation of this chapter within a reasonable time period and according to guidelines which the Noise Control Officer may prescribe.
A.
Any person who violates any provision of this chapter shall be subject to a penalty for each offense of not more than $1,000, except as provided in Subsection B.
B.
Any person who willfully or knowingly violates any
provision of this chapter shall be subject to a penalty for each offense
a sum of not less than $25 and not more than $1,000.
C.
If the violation is of a continuing nature, each day
during which it occurs shall constitute an additional, separate, and
distinct offense.
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.
