[HISTORY: Adopted by the Township Council of the Township
of Old Bridge 3-1-2010 by Ord. No. 2010-05.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Alarms and alarm systems — See Ch. 26.
Animals — See Ch. 39.
Carnivals and circuses — See Ch. 95.
Right to farm — See Ch. 151.
Festivals; mass gatherings — See Ch. 169.
Self-service laundries — See Ch. 254.
Nuisances — See Ch. 305.
Peace and good order — See Ch. 342.
Motorized recreational vehicles — See Ch. 469.
[1]
Editor's Note: This ordinance superseded former Ch. 300,
Noise, consisting of Art. I, Noise Regulations, adopted by Ord. No.
D-34 (Sec. 4-2 of the 1973 Revised General Ordinances), as amended,
and Art. II, Mobile Sources, adopted 10-20-1986 by Ord. No. 43-86
(Sec. 4-2A of the 1973 Revised General Ordinances), as amended.
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.
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 gasses 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 used 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.
Any sound which injures or endangers the safety or health
of a human, annoys or disturbs a reasonable person of normal sensibilities,
or endangers or injures personal or real property.
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 investigating
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 nongovernmental
entity.
Any real property or structures thereon that are 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 multi-dwelling-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).
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.
The Township of Old Bridge police are responsible for the enforcement
of the provisions of this chapter.
B.
The police shall have the power to:
(1)
Coordinate the noise-control activities of all the departments in
the Township of Old Bridge and cooperate with all other public bodies
and agencies to the extent practical;
(2)
Review the actions of the Township of Old Bridge 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;
(4)
Investigate, resolve and/or pursue possible violations of this chapter;
(5)
Refer complaints to an appropriate Township department for enforcement
if deemed appropriate, for example, referring complaints related to
§ 300-4A(3) to the Township Construction/Zoning Department;
(6)
Refer complaints to the Middlesex County Health Department in those
instances that require the measurement of sound levels or sound pressure
so that the Middlesex County Health Department can pursue possible
violations under state regulations and, if appropriate, assist in
the investigation; and
(7)
Cooperate with and provide assistance to other departments and/or
county noise control officers in enforcing noise violations in the
Township.
The following standards shall apply to the activities or sources
of sound set forth below:
A.
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. All motorized equipment used in these activities
shall be operated with a muffler.
B.
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 8:00 a.m. on weekdays or between the hours of 6:00 p.m. and 9:00
a.m. on weekends or federal holidays. All motorized equipment used
in these activities shall be operated with a muffler.
C.
Construction and demolition activity, excluding emergency work, shall
not be performed between the hours of 6:00 p.m. and 7:00 a.m. Monday
through Saturday. Construction and demolition activity, excluding
emergency work, shall not be permitted on Sundays and federal holidays
without prior approval of the Business Administrator. All motorized
equipment used in construction and demolition activity shall be operated
with a muffler.
D.
Motorized snowblowers, snowthrowers, and lawn equipment with attached
snowplows shall be operated at all times with a muffler.
E.
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.
F.
Personal or commercial vehicular music amplification or reproduction
equipment shall not be operated in such a manner that it is plainly
audible at a residential property line between the hours of 10:00
p.m. and 8:00 a.m.
G.
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.
H.
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.
I.
Music or sound amplification or reproduction equipment, radios, televisions,
phonographs, cd players, musical instruments, percussion instruments,
or other sound-generating devices shall not be operated in such a
manner as to be plainly audible at a residential property line or
through partitions common to two parties within a building between
the hours of 10:00 p.m. and 8:00 a.m.
J.
No person shall use, operate or cause to be used or operated any
air conditioner, furnace, heat pump, compressor, condenser, chiller,
cooling tower or similar device the noise from which creates a noise
disturbance across property lines or through partitions common to
two parties within a building.
K.
It is prohibited to own, possess, or harbor any pet animal that frequently
or for continued duration makes sounds that create a noise disturbance
across a real property line or through partitions common to two parties
within a building. For purposes of this provision, a noise disturbance
from a pet animal shall be defined as that created by a pet animal
making noise continuously for 10 minutes or intermittently for 30
minutes unless provoked.
L.
It is prohibited to willfully make or cause to be made any audible
noise which is deemed objectionable because of volume, frequency,
or beat and/or which creates a noise disturbance.
Nothing contained herein shall apply to:
A.
The use of bells, chimes or sound amplifiers used by religious facilities
engaged in religious activities.
B.
Municipal departments in the performance of their duties, drills,
or other necessary activities.
C.
Activity conducted under the permission or authority of municipal
officials.
D.
Warning devices on authorized emergency vehicles or other vehicles
used for traffic safety purposes.
E.
Public or private schools in the performance of their duties, drills,
athletic events or other necessary activities.
