As used in this chapter, the following terms shall have the
meanings indicated:
COMMERCIAL AREA
A group of commercial facilities and the abutting public
rights-of-way and public spaces.
COMMERCIAL FACILITY
Any premises, property or facility involving traffic in goods
or furnishing of services for sale or profit, including but not limited
to:
A.
Banking and other financial institutions.
C.
Establishments for providing retail services.
D.
Establishments for providing wholesale services.
E.
Establishments for recreation and entertainment.
CONSTRUCTION
Any site preparation, assembly, erection, repair, alteration
or similar action, but excluding demolition of buildings or structures.
DECIBEL
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."
DEMOLITION
Any dismantling, intentional destruction or removal of buildings
or structures.
EMERGENCY WORK
Any work or action necessary to deliver essential services,
including but not limited to repairing water, gas, electricity, telephone
or sewer facilities or public transportation facilities, removing
fallen trees on public rights-of-way or abating life-threatening conditions.
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.
INDUSTRIAL FACILITY
Any activity and its related premises, property, facilities
or equipment involving the fabrication, manufacture or production
of durable or nondurable goods.
MOTORCYCLE
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.
MOTOR VEHICLE
Any vehicle that is propelled or drawn on land by an engine
or 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.
MOTOR 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.
MUFFLER
A sound-dissipative device or system for abating the sound
of escaping gases of an internal-combustion engine.
NOISE
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.
NOISE CONTROL ADMINISTRATOR
The Chief of Police and/or Police Director
of the Borough of Edgewater.
[Amended 3-20-2017 by Ord. No. 1541-2017]
NOISE CONTROL OFFICER
Any officer or member of the Police Department of the Borough
of Edgewater or the duly designated Noise Control Officer of the Borough.
[Amended 9-8-1987 by Ord. No. 878-87]
NOISE DISTURBANCE
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.
PERSON
Any individual, corporation, company, association, society,
firm, partnership, joint-stock company, the state or any political
subdivision, agency or instrumentality of the state.
PUBLIC RIGHT-OF-WAY
Any street, avenue, boulevard, road, highway, sidewalk or
alley that is leased, owned or controlled by a governmental entity.
PUBLIC SPACE
Any real property or structures thereon that are owned, leased
or controlled by a governmental entity.
REAL PROPERTY LINE
Either the imaginary line, including its vertical extension,
the 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.
RESIDENTIAL AREA
A group of residential properties and the abutting public
right-of-way and public spaces.
SOUND LEVEL
The sound-pressure level measured in decibels with a sound-level
meter set for A-weighting; "sound level" is expressed in "dBA."
SOUND-LEVEL METER
An instrument used to measure sound levels, which conforms
to Type 1 or Type 2 standards as specified by ANSI Specification SI.4-1971.
WEEKDAY
Any day, Monday through Friday, that is not a legal holiday.
The provisions of this chapter shall be enforced by the Noise
Control Officers.
The Noise Control Administrator shall have the power to:
A. Coordinate the noise control activities of all municipal departments
and cooperate with all other public bodies and agencies to the extent
practicable.
B. Review the actions of other municipal departments and advise such
departments of the effect, if any, of such actions on noise control.
C. Review public and private projects, subject to mandatory review or
approval by other department or boards, for compliance with this chapter.
D. Grant permits for variances according to the provisions of §
271-10, provided that the variances are consistent with regulations concerning noise control promulgated by the New Jersey Department of Environmental Protection, N.J.A.C. 7:29.
A person shall be qualified to be a Noise Control Officer if
the person has satisfactorily completed any of the following:
A. Community Noise — A Short Course, offered by the Department
of Environmental Science of Cook College, Rutgers, the State University;
B. A program of tutoring and one-the-job training offered by the New
Jersey Department of Environmental Protection, Office of Noise Control,
to its employees; or
C. Education or experience or a combination thereof certified by the above department as equivalent to the provisions of Subsections
A and
B of this section.
Noise measurements made by noise central officers shall be taken according to procedures specified by N.J.A.C. 7:29B, except as provided in §
271-8 of this chapter.