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 of this section.
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
(dBA)
| ||||||
|---|---|---|---|---|---|---|
|
Receiving Property Category
| ||||||
|
Sound Source Property Category
|
Another Dwelling Within a Multi-Dwelling Unit
Building
|
Residential
|
Commercial
|
Industrial
| ||
|
7:00 a.m. - 10:00 p.m.
|
10:00 p.m. - 7:00 a.m.
|
7:00 a.m. - 10:00 p.m.
|
10:00 p.m. - 7:00 a.m.
|
All Times
|
All Times
| |
|
Any location within a multi-dwelling-unit building
|
45
|
40
|
55
|
50
|
65
|
75
|
|
Residential
|
35
|
50
|
65
|
75
| ||
|
Commercial or public spaces or rights-of-way
|
65
|
50
|
65
|
75
| ||
|
Industrial
|
65
|
50
|
65
|
75
| ||
The following shall be excluded from the provisions of this
chapter:
A.
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.
B.
Sound from church bells and church chimes when a part of a religious
observance or service.
C.
Noise from construction activity, provided that all motorized equipment used in such activity is equipped with functioning mufflers, except as provided in § 271-8B(6) of this chapter.
D.
Noise from snowblowers, snow throwers and snowplows when operated
with a muffler for the purpose of snow removal.
E.
Noise from stationary emergency signaling devices that conform to
the provisions of N.J.A.C. 7:29.
F.
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 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 section, a "noise disturbance" from
a barking dog shall be defined as that created by a dog barking continuously
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 8:00 p.m. and 8:00 a.m. the following
day, when the latter is a weekday, and between the hours of 6:00 p.m.
and 9:00 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 manufacturers 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,
excavation or demolition work between the hours of 6:00 p.m. and 7:00
a.m. the following day on weekdays and Saturdays or at any time on
Sundays or legal holidays, provided that such equipment is equipped
with a functioning muffler, except:
[Amended 9-20-1988 by Ord. No. 901-88; 6-2-1997 by Ord. No.
1095-97; 8-17-2015 by Ord. No. 1523-2015]
A.
B.
Noise from municipally sponsored or approved celebrations or events
shall be exempt from the provisions of this chapter.
A.
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:
(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/her client or
the public if the permit of variance is not granted.
(3)
The nature and intensity of noise that 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 impact 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.
Failure to supply the information required by the Noise Control Administrator
shall be cause for rejection of the application.
C.
A copy of the permit of variance must be kept on file by the Municipal
Clerk for public inspection.
D.
The Noise Control Administrator may charge the applicant a fee of
$50 to cover expenses resulting from the processing of the permit
variance application.
E.
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.
F.
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 that compliance
with this chapter would impose an arbitrary or unreasonable hardship
upon the applicant without equal or greater benefits to the public.
G.
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 the best practical noise control
measures.
