[HISTORY: Adopted by the Mayor and Council of the Borough of Glen
Gardner 7-18-1989 by Ord. No. 89-8. Amendments
noted where applicable.]
This chapter may be cited as the "Noise Control Ordinance of the Borough
of Glen Gardner."
A.
The Mayor and Council of the Borough of Glen Gardner
find that excessive sound is a serious hazard to the health, safety, general
welfare and the quality of the life of the citizens of the Borough of Glen
Gardner. Since a substantial body of science and technology exists by which
excessive sound may be substantially abated and the people have a right to
and should be ensured an environment free from excessive sound, it is the
policy of the Borough of Glen Gardner to prevent excessive sound that may
jeopardize the health and welfare or safety of the citizens or degrade the
quality of life.
B.
This chapter shall apply to the control of sound originating
from stationary and mobile sources within the limits of the Borough of Glen
Gardner.
For the purpose of this chapter, the following definitions shall apply:
A group of commercial properties and the abutting public rights-of-way
and public spaces.
Any facility or property used for activities involving the furnishing
or handling of goods or services, including but not limited to:
Any site preparation, assembly, erection, repair, alteration or similar
action, but excluding demolition of buildings or structures.
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
and public transportation facilities, removing fallen trees on public rights-of-way
or abating life-threatening situations.
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.
Any facility or property used for activities involving the production,
fabrication, packaging, storage, warehousing, shipping or distribution of
goods.
Any vehicle for which regulations apply pursuant to Section 18 of
the Federal Noise Control Act of 1972 (P.O. 92-574), as amended, pertaining
to motor carriers engaged in interstate commerce.
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, mopeds and minibikes.
Any vehicle that is propelled or drawn on land by an engine or motor.
A sound-dissipative device or system for abating sound of escaping
gases of an internal combustion engine.
Any building wherein there are two or more dwelling units.
The Borough of Glen Gardner, Hunterdon County, New Jersey.
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.
An officially designated person appointed by the borough governing
body empowered to issue summonses for violations of this chapter. Any New
Jersey State Police Officer shall be considered a noise control officer.
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 or alley or
similar place that is owned or controlled by a governmental entity.
Any real property or structures thereon that are owned or controlled
by a governmental entity.
Either the imaginary line, including its planar 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.
Any day, Monday through Friday, which is not a legal holiday.
A.
The noise control program established by this chapter
shall be administered by the Borough of Glen Gardner noise control officer.
B.
The noise control officer shall be empowered to stop
any motor vehicle or motorcycle operated on a public right-of-way or public
space reasonably suspected of violating any provisions of this chapter.
C.
The noise control officer shall be empowered to issue
summonses for violations of this chapter as a result of complaints received
by persons or upon personal observation.
D.
The noise control officer shall not use this chapter
in situations within the jurisdiction of the Federal Occupational Safety and
Health Act.
A.
No person shall cause, suffer, allow or permit to be
made, verbally or mechanically, any noise disturbance across a residential
real property boundary. 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 chapter.
B.
No person shall cause, suffer, allow or permit the following
acts:
(1)
Sound reproduction systems. Operation, playing or permitting
the operation or playing of any radio, television, phonograph or similar device
that reproduces amplified sound in such a manner as to create a noise disturbance
for any person other than the operator of the device.
(2)
Loudspeakers/public address systems. Using or operating
of any loudspeaker, public address system or similar device between the hours
of 10:00 p.m. and 8:00 a.m. in 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 chapter, 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 compacting of refuse:
(a)
Between the hours of 10:00 p.m. and 7:00 a.m. the following
day in such a manner as to endanger the safety or health of any person or
disturb a reasonable person of normal sensitivities or endanger personal or
real property.
(b)
By persons engaged in the business of scavenging or garbage
collection, whether private or municipal, between the hours of 7:00 p.m. and
6:00 a.m. the following day, except by permit.
(5)
Motor vehicles and motorcycles on public rights-of-way.
No person shall cause, suffer, allow or permit the operation of a public or
private motor vehicle or motorcycle on a public right-of-way at any time in
such a manner that the sound emitted endangers the safety or health of any
person or disturbs a reasonable person of normal sensitivities or endangers
personal or real property.
(6)
Motor vehicle repairs and testing. Repairing, rebuilding,
modifying or testing any motor vehicle or motorboat in such a manner as to
endanger the safety or health of any person or disturb a reasonable person
of normal sensitivities or endanger personal or real property.
(7)
Construction and demolition. Operation 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 6:00 a.m. the following day on weekdays or at any time on weekends or legal holidays; except for emergency work or by special variance issued pursuant to § 115-7 hereof, and provided that such equipment is equipped with a proper muffler.
(8)
Air conditioning, air-handling devices and wind energy
conversion systems. The operation air conditioning, air-handling devices,
including heat pumps, or wind energy conversion systems that produce a sound
which causes a noise disturbance across a residential real property line.
(9)
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 endangers
the safety or health of any person or disturbs a reasonable person of normal
sensitivities or endangers personal or real property.
A.
The following are exempt from the provisions of this
chapter:
(1)
Noise from domestic power tools, lawn mowers and agricultural
equipment when operated with a functioning muffler between the hours of 8:00
a.m. and 8:00 p.m. on weekdays and 9:00 a.m. and 8:00 p.m. on weekends and
legal holidays, provided that they do not cause a noise disturbance.
(2)
Sound from church bells and church chimes when a part
of a religious observation or service.
(3)
Noise from construction activity, provided that all motorized equipment used in such activity is equipped with functioning mufflers, except as provided in § 115-5B(7).
(4)
Noise from snowblowers, snow throwers and snowplows when
operated with a muffler for the purpose of snow removal.
(5)
Noise from stationary emergency signaling devices that
conform to the provisions of N.J.A.C. 7:29-13, which provisions are incorporated
herein by reference.
(6)
Noise from an exterior burglar alarm of any building
or motor vehicle, provided that such burglar alarm shall terminate its operation
its operation within 15 minutes after it has been activated.
B.
The provisions of this chapter shall not apply to:
(1)
The emission of sound for the purpose of alerting persons to the existence of an emergency, except as provided in § 115-6A(6).
(2)
The emission of sound in the performance of emergency
work.
(3)
Noise from celebrations or events sponsored or approved
by the municipality, public or parochial schools or houses of worship with
the municipality.
(4)
Sand banks, pits and quarries which are legally operated
and licensed by the municipality.
A.
Any person who owns or operates any stationary noise
source may apply to the Borough Council through the Borough Clerk 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:
(1)
The nature and location of the noise source for which
such application is made.
(2)
The reason for which the permit of variance is requested,
including the hardship that will result to the applicant, his or her client
or the public if the permit of variance is not granted.
(3)
The nature and intensity of noise that will occur during
the period of the variance.
(4)
The section or sections of this chapter for which the
permit of variance shall apply.
(5)
A description of interim noise control measures to be
taken by the applicant to minimize noise and the impacts occurring therefrom.
(6)
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.
B.
A copy of the permit of variance must be kept on file
by the Municipal Clerk for public inspection.
C.
Failure to supply to the Municipal Clerk the information
required hereby shall be cause for rejection of the application.
D.
The Municipal Clerk shall charge the applicant a fee
of $10 to cover expenses resulting from the processing of the permit of the
variance application.
E.
The Municipal Council may, at its discretion, limit the
duration of the permit of variance, which shall never be 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 chapter.
F.
The permit of variance shall operate as a stay of prosecution.
G.
The permit of variance may be revoked if the terms of
the permit of variance are violated.
H.
In the event that the reason for which the permit of
variance is sought requires action that will not, because of time constraints,
allow the matter to be submitted to the Municipal Council at a regular meeting,
the Municipal Clerk is authorized to consider and decide the variance application.
A.
Issuance of summonses. Violation of any provision of
this chapter shall be cause for a summons to be issued by any authorized person
or police officer.
B.
C.
Penalties. Any person who shall violate any of the terms
or provisions of this chapter or who shall commit or do any act or thing prohibited
in this chapter shall, upon conviction thereof before the Municipal Court,
pay a fine of not less than $100 nor more than $1,000, or be ordered to perform
community service for a period not exceeding 90 days or be imprisoned for
a term of not to exceed 90 days for each act or thing committed or done in
violation of the provisions of this chapter, in the discretion of the Magistrate.
Each day that any such act or thing committed or done in violation of the
provisions of this chapter shall be permitted to exist shall be deemed a separate
and distinct offense upon conviction thereof. The municipality reserves the
right under the laws of the State of New Jersey to bring suit against any
person or persons violating this chapter in the appropriate Superior County
Court if it is deemed necessary to enforce this chapter.
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 form any
violation of this chapter.
