[HISTORY: Adopted by the Borough Council
of the Borough of Chesilhurst 8-11-1983 by Ord. No. 83-7; amended in its entirety
at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Subsequent amendments noted where applicable.]
The following words and terms, when used in this chapter, shall
have the following meanings, unless the context clearly indicates
otherwise. Terms not defined in this chapter have the same meaning
as those defined in N.J.A.C. 7:29.
Any site preparation, assembly, erection, repair, alteration
or similar action, including demolition of buildings or structures.
Any dismantling, destruction or removal of buildings, structures,
or roadways.
The New Jersey Department of Environmental Protection.
Any work or action necessary to deliver essential public
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, dredging navigational
waterways, or abating life-threatening conditions.
Either a single pressure peak or a single burst (multiple
pressure peaks) that has a duration of less than one second.
Any vehicle that is propelled other than by human or animal
power on land.
A properly functioning sound dissipative device or system
for abating the sound of escaping gases on equipment, where such a
device is part of the normal configuration of the equipment.
Any building comprising two or more dwelling units, including
but not limited to apartments, condominiums, co-ops, multiple-family
houses, townhouses, and attached residences.
Any distinct parcel of land that is issued for more than
one category of activity. Examples include but are not limited to:
A commercial, residential, industrial or public service property
having boilers, incinerators, elevators, automatic garage doors, air
conditioners, laundry rooms, utility provisions, or health and recreational
facilities, or other similar devices or areas, either in the interior
or on the exterior of the building, which may be a source of elevated
sound levels at another category on the same distinct parcel of land;
or
A building which is both commercial (usually on the ground floor)
and residential property located above, behind, below or adjacent.
An employee of: 1) a local, county or regional health agency
which is certified pursuant to the County Environmental Health Act
(N.J.S.A. 26:3A2-21 et seq.) to perform noise enforcement activities;
or 2) a municipality with a Department-approved noise control ordinance
and the employee has received noise enforcement training and is currently
certified in noise enforcement. The employee must be acting within
his or her designated jurisdiction and must be authorized to issue
a summons in order to be considered a Noise Control Officer.
Any sound that can be detected by a person using his or her
unaided hearing faculties. As an example, if the sound source under
investigation is a portable or personal vehicular sound amplification
or reproduction device, the detection of the rhythmic bass component
of the music is sufficient to verify plainly audible sound. The Noise
Control Officer need not determine the title, specific words, or the
artist performing the song.
Any street, avenue, boulevard, road, highway, sidewalk, alley
or easement that is owned, leased, or controlled by a nongovernmental
entity.
Any street, avenue, boulevard, road, highway, sidewalk, alley
or easement that is owned, leased, or controlled by a governmental
entity.
Any real property or structures thereon that is 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;
The vertical and horizontal boundaries of a dwelling unit that
is part of a multidwelling unit building; or
On a multiuse property, the interface between the two portions
of the property on which different categories of activity are being
performed (e.g., if the multiuse property is a building which is residential
upstairs and commercial downstairs, then the real property line would
be the interface between the residential area and the commercial area).
Any day that is not a federal holiday, and beginning on Monday
at 7:00 a.m. and ending on the following Friday at 6:00 p.m.
Beginning on Friday at 6:00 p.m. and ending on the following
Monday at 7:00 a.m.
A.
This chapter applies to sound from the following property categories:
C.
Sound from stationary emergency signaling devices shall be regulated
in accordance with N.J.A.C. 7:29-1.3, except that the testing of the
electromechanical functioning of a stationary emergency signaling
device shall not meet or exceed 10 seconds.
A.
Whereas excessive sound is a serious hazard to the public health,
welfare, safety, and the quality of life; and whereas a substantial
body of science and technology exists by which excessive sound may
be substantially abated; and whereas the people have a right to and
should be ensured of, an environment free from excessive sound; now,
therefore, it is the policy of the Borough of Chesilhurst to prevent
excessive sound that may jeopardize the health, welfare, or safety
of the citizens or degrade the quality of life.
B.
This chapter shall apply to the control of sound originating from
sources within Borough of Chesilhurst.
A.
The provisions of this chapter shall be enforced by Noise Control
Officers. A person shall be qualified to be a Noise Control Officer
if the person meets the criteria set forth in the definition above
and completes, at a frequency specified by the Department in N.J.A.C.
7:29-2.11, a noise certification and recertification course which
are offered by the Department of Environmental Sciences of Cook College,
Rutgers, the State University of New Jersey or any other noise certification
or recertification course which is offered by an accredited university
and approved by the Department.
B.
Sound measurements made by a Noise Control Officer shall conform to the procedures set forth at N.J.A.C. 7:29-2, except that interior sound level measurements shall also conform with the procedures set forth in § 317-5B and C of this chapter and with the definition of "real property line" as contained herein.
C.
Noise Control Officers shall have the power to:
(1)
Coordinate the control activities of all departments in the Borough
of Chesilhurst and cooperate with all other public bodies and agencies
to the extent practicable;
(2)
Review the actions of Borough of Chesilhurst and advise 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; and
(4)
Investigate and pursue possible violations of this chapter for sound
levels which equal or exceed the sound levels set forth in Tables
I and II,[1] when measured at a receiving property located within the designated jurisdiction of the Noise Control Officer, in accordance with § 317-5 below.
[1]
Editor's Note: Tables I and II are included at the end of
this chapter.
(5)
Cooperate with Noise Control Officers of adjacent municipalities
in enforcing one another's municipal noise ordinances.
A.
No person shall cause, suffer, allow, or permit the operation of any source of sound on any source property listed in § 317-2A above in such a manner as to create a sound level that equals or exceeds the sound level limits set forth in Tables I and II,[1] except as specified in § 317-6B below.
[1]
Editor's Note: Tables I and II are included at the end of
this chapter.
B.
When measuring total sound or residual sound with a multiuse property,
or within a residential unit when the property line between it and
the source property is a common wall, all exterior doors and windows
shall be closed and the measurements shall be taken in the center
of the room most affected by the noise. Residual sound shall be measured
in accordance with N.J.A.C. 7:29-2.9(b)2. When measuring total sound
or residual sound, all sound sources within the dwelling unit must
be shut off (e.g., television, stereo). Measurements shall not be
taken in areas which receive only casual use such as hallways, closets
and bathrooms.
C.
Indoor measurements shall only be taken if the sound source is on
or within the same property as the receiving property, as in the case
of a multiuse property (e.g., sound generated within a commercial
unit of a multiuse property building and received within a residential
unit of the same building) or multidwelling unit building. In addition,
indoor measurements shall be taken if the property line between the
receiving property and the source property is a common wall, such
as in a multidwelling unit building. The allowable sound level standards
for indoors are as shown in Tables I and II.[2]
[2]
Editor's Note: Tables I and II are included at the end of
this chapter.
D.
Impulsive sound shall not equal or exceed 80 decibels at all times.
A.
Exemptions.
B.
Notwithstanding the provisions of Tables I and II,[1] the following standards shall apply to the activities
or sources of sound set forth below:
(1)
Noncommercial or nonindustrial power tools and landscaping and yard
maintenance equipment shall not be operated between the hours of 8:00
p.m. and 8:00 a.m., unless such activities can meet the applicable
limits set forth in Tables I and II. All motorized equipment used
in these activities shall be operated with a muffler. At all other
times, the limits set forth in Tables I and II do not apply to noncommercial
or nonindustrial power tools and landscaping and yard maintenance
equipment;
(2)
Commercial or industrial power tools and landscaping and yard maintenance
equipment, excluding emergency work, shall not be operated on a residential
property or within 250 feet of a residential property line when operated
on commercial or industrial property, between the hours of 6:00 p.m.
and 7:00 a.m. on weekdays, or between the hours of 6:00 p.m. and 9:00
a.m. on weekends or federal holidays, unless such activities can meet
the limits set forth in Tables I and II.[2] In addition, commercial or industrial power tools and
landscaping and yard maintenance equipment, excluding emergency work,
utilized on commercial or industrial property shall meet the limits
set forth in Tables I and II between the hours of 10:00 p.m. and 7:00
a.m. All motorized equipment used in these activities shall be operated
with a muffler. At all other times, the limits set forth in Tables
I and II do not apply to commercial or industrial power tools and
landscaping and yard maintenance equipment;
[2]
Editor's Note: Tables I and II are included at the end of
this chapter.
(3)
Construction and demolition activity, excluding emergency work, shall
not be performed between the hours of 6:00 p.m. and 7:00 a.m. on weekdays,
or between the hours of 6:00 p.m. and 9:00 a.m. on weekends and federal
holidays, unless such activities can meet the limits set forth in
Tables I and II.[3] All motorized equipment used in construction and demolition
activity shall be operated with a muffler. At all other times, the
limits set forth in Tables I and II do not apply to construction and
demolition activities;
[3]
Editor's Note: Tables I and II are included at the end of
this chapter.
(4)
Motorized snowblowers, snow throwers, and lawn equipment with attached
snow plows shall be operated at all times with a muffler;
(5)
An exterior burglar alarm of a building or motor vehicle must be
activated in such a manner that the burglar alarm terminates its operation
within five minutes for continuous airborne sound and 15 minutes for
impulsive sound after it has been activated;
(6)
Personal or commercial vehicular music amplification or reproduction
equipment shall not be operated in such manner that it is plainly
audible at a residential property line between the hours of 10:00
p.m. and 8:00 a.m.;
(7)
Personal vehicular music amplification equipment shall not be operated
in such a manner as to be plainly audible at a distance of 50 feet
in any direction from the operator between the hours of 8:00 a.m.
and 10:00 p.m.;
(8)
Self-contained, portable, hand-held music or sound amplification
or reproduction equipment shall not be operated on a public space
or public right-of-way in such a manner as to be plainly audible at
a distance of 50 feet in any direction from the operator between the
hours of 8:00 a.m. and 10:00 p.m. Between the hours of 10:00 p.m.
and 8:00 a.m., sound from such equipment shall not be plainly audible
by any person other than the operator;
[1]
Editor's Note: Tables I and II are included at the end of
this chapter.
A.
Violation of any provision of this chapter shall be cause for an
enforcement document to be issued to the violator by the Noise Control
Officer according to procedures set forth at N.J.A.C. 7:29-1.6. The
recipient of an enforcement document shall be entitled to a hearing
in Municipal Court having jurisdiction to contest such action.
B.
Any person who violates any provision of this chapter shall be subject
to civil penalty for each offense of not more than $3,000. If the
violation is of a continuing nature, each day during which it occurs
shall constitute an additional, separate, and distinct offense.
C.
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.