[HISTORY: Adopted by the Mayor and Council of the Borough
of High Bridge 2-9-2006 as Ch. 240 of the 2006 Code of the Borough of High Bridge.
Amendments noted where applicable.]
This chapter may be cited as the "Noise Control Ordinance of
the Borough of High Bridge."
A.
The Mayor and Council of the Borough of High Bridge find that excessive
sound is a serious hazard to the health, safety, general welfare and
quality of life of the citizens of High Bridge. Since a substantial
body of science and technology exists by which excessive sound may
be substantially abated and the people have a right to an environment
free from excessive sound, it is the policy of the Borough of High
Bridge to prevent excessive sound that may jeopardize the health and
welfare or the safety of its citizens and degrade their quality of
life.
B.
This chapter shall apply to the control of sound originating from
stationary and mobile sources affecting the limits of the Borough
of High Bridge.
As used in this chapter, the following terms shall have the
meanings indicated:
Any facility or property used primarily for the dispatching,
garaging, servicing, maintaining, selling or leasing of any truck
registered at a gross weight in excess of 6,000 pounds, omnibus, tractor,
trailer, semi-trailer, pole trailer or any vehicle registered in this
state engaged in interstate commerce which is now or hereafter subject
to regulation and license by the Interstate Commerce Commission and/or
the Bureau of Motor Carrier Safety of the Federal Highway Administration.
Any facility or property used for the purchase or utilization
of goods, services or land or its facilities, including but not limited
to:
Sound that is measured by the slow-response setting of sound
level meter.
The measured sound level expressed in dB when using the A-weighted
network of a sound level meter.
A unit for measuring the volume of a sound, equal to the
logarithm of the ratio of the sound pressure of the sound, to the
sound pressure of a standard sound (0.0002 microbar); abbreviated
"dB."
Emergency safety devices expressly used to release excess
energy which do not have regularly scheduled operation. Process control
devices are not to be considered "emergency devices."
The number of oscillations per second; expressed in hertz
(abbreviated "Hz").
The International Electrotechnic Commission.
Either a single pressure peak or a single burst (multiple
pressure peaks) for a duration less than one second.
The maximum instantaneous sound pressure level measured by
an impulse sound level meter meeting IEC Publication 179 or the latest
revision thereof.
Any facility or property used for the following:
Storage, warehouse or distribution, provided that said operation
shall not be construed to be an "industrial operation" when it is
part of a commercial motor vehicle operation as defined herein.
Property used for the production and fabrication of durable
and nondurable man-made goods.
Activities carried out on the property.
Sound pressure level measured in standard octave bands with
a sound level meter and octave band analyzer that meet ANSI S 1.4
and S 1.11 or the latest revision thereof.
Any individual, public or private corporation, political
subdivision, governmental agency, department or bureau of the state,
municipality, industry, copartnership or association.
Any residential dwelling unit.
A building or structure or a part thereof containing one
or more dwelling units or lodging units. Any room or group of rooms
or any part thereof located within a building and forming a single
habitable unit.
Property used for human habitation, including but not limited
to the following:
Facilities designed for living, sleeping, cooking and eating.
The measured level of a sound, expressed in dB re 0.0002
microbar, obtained using a sound level meter. "Sound levels" include
all factors inherent in measuring with a sound level meter, including
microphone frequency response, amplifier characteristics, meter damping,
observer effects and weighting networks.
The sound pressure level, in decibels, of a sound is 20 times
the logarithm to the base 10 of the ratio of the pressure of the sound
to the reference sound pressure. "Sound pressure level" is measured
with a sound level meter meeting ANSI S 1.4 or the latest revision
thereof.
Any device, excluding those attached to motor vehicles, used
to alert persons engaged in emergency operations. These include but
are not limited to firefighters, first aid squad members and law enforcement
officers, whether paid or volunteer.
A.
The noise control program established by this chapter shall be administered
by the health officers of the Hunterdon County Health Department as
agents of the High Bridge Borough Board of Health, in compliance with
the agreement between the Borough and the Hunterdon County Health
Department,[1] and the Police Department.[2]
[1]
Editor's Note: Through an agreement the Borough authorized
the Hunterdon County Health Department to provide technical and professional
public health services as agent for the Borough Board of Health. The
agreement so providing is on file in the Clerk's office.
B.
The Police Department 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 Officers, with the exception of members of the
Police Department, must be qualified according to N.J.A.C. 7:29-2.11.
D.
Noise measurements made by Noise Control Officers must be taken according
to the procedures specified by N.J.A.C. 7:29-2, which provisions are
incorporated herein by reference.
E.
Noise Control Officers shall not use this chapter in situations within
the jurisdictions of the Federal Occupational Safety and Health Act.
A.
Upon effective date of this chapter, no person shall cause, suffer,
allow or permit sound from any industrial or commercial operation
or residential unit which, when measured at any residential property
line, is in excess of any of the following:
(1)
From 8:00 a.m. to 10:00 p.m. Monday through Saturday and from 9:00
a.m. to 10:00 p.m. Sunday:
(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 8:00 a.m. Sunday through Saturday and from 10:00
p.m. Saturday to 9:00 a.m. Sunday:[1]
(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:
(c)
Impulsive sound in air which has an impulsive sound level in
excess of 80 decibels.
|
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
|
B.
No person shall cause, suffer, allow or permit sound from any industrial
or 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.
Prohibited actions.
(1)
No person shall cause, suffer, allow or permit to be made, verbally
or mechanically, any noise disturbance. Noncommercial public speaking
and public assembly conducted on any public space or public right-of-way
shall be exempt from this section.
(2)
No person shall cause, suffer, allow or permit the following acts:
(a)
Use or operate any noise-producing machine, vehicle, device,
or instrument in a manner that, in the judgment of the designated
law enforcement personnel, is disturbing to other park visitors or
residents of neighboring properties.
[Amended 8-13-2020 by Ord. No. 2020-039]
(b)
Loudspeaker/public address systems. Using or operation of any
loudspeaker, public address system or similar device between the hours
of 10:00 p.m. and 8:00 a.m. the following day, such that the sound
therefrom creates a noise disturbance across a residential real property
line.
(c)
Loading and unloading. Loading and unloading the following material:
dumpsters, nonresidential storage containers or other containers of
any kind, building material, stone, gravel, sand, glass, brick or
steel by a nonresidential use of commercial vehicles entering said
premises for such purposes between the hours of 6:00 p.m. and 7:00
a.m. Monday through Saturday, 6:00 p.m. Saturday to 7:00 a.m. Monday
and all day on legal holidays.
(d)
Domestic power tools. Operating or permitting the operation
of any mechanically powered saw, drill, sander, grinder or similar
device used outdoors between the hours of 10:00 p.m. and 7:00 a.m.
the following day on weekdays and 10:00 p.m. and 8:00 a.m. the following
day on weekends and legal holidays so as to cause a noise disturbance
across a residential real property boundary.
(e)
Motor vehicle repair and testing. Repairing, rebuilding, modifying
or testing any motor vehicle or motorboat in such a manner as to exceed
the applicable limit in this chapter across a residential real property
line.
(f)
Construction or demolition. Operating or permitting the operation of any tools or equipment used in construction, drilling, earthmoving, excavating or demolition work between the hours of 8:00 p.m. and 7:00 a.m. the following day on weekdays, Saturdays or at any time on Sundays or legal holidays, except for emergency work or by abatement order issued pursuant to § 244-9B.
[Amended 6-13-2013 by Ord. No. 2013-13]
(g)
Air-conditioning or air-handling devices. The operation of air-conditioning
devices, including heat pumps, that produce a sound level of greater
than 55 dBA at a real property line of a residential property, except
when said operation produces an increase of five dB or less in the
sound level that exists in the absence of such devices.
A.
Upon the effective date of this chapter, testing only the electromechanical
functioning of a stationary emergency signaling device shall occur
at the same time each day that a test is performed, but not before
8:00 a.m. Monday through Saturday and 9:00 a.m. Sunday. Any such testing
shall only use the minimum cycle test time. In no case shall such
test time exceed 10 seconds.
B.
Stationary emergency signaling devices shall be used only for testing
in compliance with applicable provisions of these regulations and
for emergency purposes where personnel and equipment are mobilized.
A.
The operational performance standards established in this chapter
shall not apply to any of the following noise sources:
(1)
Agriculture.
(2)
Bells, chimes or carillons while being used in conjunction with religious
services.
(3)
Commercial motor vehicle operations.
(4)
Emergency energy release devices.
(5)
Noise from an exterior burglar alarm of any building or motor vehicle,
provided that such will terminate in 15 minutes after it has been
activated.
(6)
Noise from snow blowers, snow throwers, and snowplows when operated
with a muffler for the purpose of snow removal.
(7)
Noise from domestic power tools, lawn mowers and agricultural equipment
when operated with a functioning muffler between the hours of 7:00
a.m. and 10:00 p.m. on weekdays and Saturday and 8:00 a.m. and 10:00
p.m. on Sundays and legal holidays, provided that they produce less
than 85 dBA at or within any real property line of a residential property.
[Amended 6-13-2013 by Ord. No. 2013-13]
(8)
Emergency work to provide electricity, water or other public utilities
when public health or safety are involved.
(9)
National Warning Systems (NAWAS) systems used to warn the community
of attack or imminent public danger, such as flooding or explosion.
These systems are controlled by the New Jersey Civil Defense and Disaster
Control Agency.
(10)
Noise of aircraft flight operations.
(11)
Public celebrations.
(12)
Public roadways.
(13)
Surface carriers engaged in commerce by railroad.
(14)
The unamplified human voice.
(15)
Use of explosive devices. These are regulated by the New Jersey
Department of Labor and Industry under the 1960 Explosives Act (N.J.S.A.
21:1A-128).
B.
Mobile sources.
(1)
Adequate mufflers.
(a)
No person shall cause, suffer, allow or permit the operation
of any motor vehicle or motorcycle not equipped with the original
muffler or equivalent replacement in good working order and in constant
operation.
(b)
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 on a motor vehicle or motorcycle.
(2)
Motor vehicle, horns, signaling devices, braking. The following acts
and the causing thereof are declared to be in violation of this chapter:
(a)
The sounding of any horn or other auditory signaling device
in any motor vehicle or motorcycle on any public right-of-way or public
space, except as a warning of danger.
(b)
The sounding of any horn or other auditory signaling device
that produces a sound level in excess of 100 dBA at 25 feet.
(c)
Engine braking is strictly prohibited on all Borough-maintained
roads without a muffler installed.
[Amended 11-12-2015 by Ord. No. 2015-30]
(3)
Standing motor vehicles. No person shall operate or permit the operation
of any motor vehicle with a gross weight rating 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 of a residential area between the
hours of 8:00 p.m. and 7:00 a.m. the following day.
(4)
Recreational motorized vehicles operating off public rights-of-way.
No person shall operate or cause to be operated any recreational motorized
vehicle in such a manner as to create noise disturbance across a real
property boundary. This section shall apply to all recreational motorized
vehicles, whether or not duly licensed or registered.
For the purposes of measuring sound in accordance with the applicable
provisions of these regulations, test equipment, methods and procedures
shall conform to standards as published by the Department or its approved
equivalent.
A.
Issuance of summons. Violations of any provision of this chapter shall be cause for a summons to be issued by the Noise Control Officer or, in the case of prohibited acts specified in § 244-5C, 244-6B or 244-7B(2)(c), any member of the High Bridge Police Department.
[Amended 11-12-2015 by Ord. No. 2015-30]
B.
Abatement orders.
(1)
Except as is provided in Subsection B(2), in lieu of issuing a summons, 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 twenty-four-hour period and according to the guidelines that the Noise Officer may prescribe.
C.
Penalties.
(2)
If a violation is of a continuing nature, each day during which it
continues shall constitute an additional, separate and distinct offense.
(3)
Any person who has been found in violation of this chapter shall be subject to an additional fine, in excess of the fine imposed by Subsection C(1), as provided in Chapter 1, Article II, General Penalty, for each additional violation of any provision of this chapter within one year of conviction of a violation under Subsection C(1).
[Amended 6-13-2013 by Ord. No. 2013-13]
D.
Other remedies. No provision of this chapter shall be construed to
impair a 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.
