[HISTORY: Derived from Sec. 6-2 of the 1969 Revised General
Ordinances of the Borough of Spotswood (adopted by the Borough Council 5-11-1970 by Ord. No.
278, as amended through 9/94). Subsequent amendments
noted where applicable.]
It shall be unlawful for any person to make, continue or cause
to be made or continued any loud, unnecessary or unusual noise or
any noise which either annoys, disturbs, injures or endangers the
comfort, repose, health, peace or safety of others within the limits
of the Borough.
All terminology used in this chapter, not defined below, shall
be in conformance with applicable publications of the American National
Standards Institute (ANSI) or its successor body.
The sound pressure level in decibels as measured on a sound
level meter using the A-weighting network. The level so read is designated
"dB(A)" or "dBA."
An area as defined in Chapter 120, Land Development, of the Code of the Borough of Spotswood.
A unit for measuring the volume of a sound, equal to 20 times
the logarithm to the base 10 of the ratio of the pressure of the sound
measured to the reference pressure, which is 20 micropascals.
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage which demands immediate
action.
Any work performed for the purpose of preventing or alleviating
the physical trauma or property damage threatened or caused by an
emergency.
An area as defined in Chapter 120, Land Development, of the Code of the Borough of Spotswood.
Any sound which annoys or disturbs humans or which causes
or tends to cause an adverse psychological or psysiological effect
on humans.
The person designated by the Health Department to enforce
the provisions of this chapter and any police officer of the Borough.
Any sound which:
Any area where a school, hospital, house of worship, day-care
center, nursing home, public library, senior citizen center, residence
or court is located; an area of potential noise disturbance.
Any individual, association, partnership, or corporation,
and includes any officer, employee, department, agency or instrumentality
of a state or any political subdivision of a state.
Any street, avenue, boulevard, highway, sidewalk or alley
or similar place which is owned or controlled by a governmental agency.
An imaginary line along the ground surface, and its vertical
extension, which separates the real property owned by one person from
that owned by another person, but not including intrabuilding real
property divisions.
An area as defined in Chapter 120, Land Development, of the Code of the Borough of Spotswood.
The square root of the time averaged square of the sound
pressure, denoted "Prms."
An oscillation in pressure, particle displacement, particle
velocity or other physical parameters, in a medium with internal forces
that causes compression and rarefaction of that medium. The description
of sound may include any characteristic of such sound, including duration,
intensity and frequency.
The weighted sound pressure level obtained by the use of
a sound level meter and frequency weighting network, such as A, B,
or C as specified in American National Standards Institute specifications
for sound level meters (ANSI SI.4-1971, or the latest approved revision
thereof). If the frequency weighting employed is not indicated, the
A-weighting shall apply.
An instrument which includes a microphone, amplifier, RMS
detector, integrator or time averager, output meter, and weighting
networks used to measure sound pressure levels.
The instantaneous difference between the actual pressure
and the average or barometric pressure at a given point in space,
as produced by sound energy.
Twenty times the logarithm to the base 10 of the ratio of
the RMS sound pressure to the reference pressure of 20 micropascals.
The sound pressure level is denoted "Lp" or "SPL" and is expressed
in decibels.
A.
The following acts are hereby declared to be examples of loud, disturbing
and unnecessary noise in violation of this chapter:
(1)
Radios; televisions; phonographs. The using, operating, or permitting
to be played, used or operated, of any radio receiving set, television,
musical instrument, phonograph or other machine or device for the
producing or reproducing of sound in a manner to disturb the peace,
quiet and comfort of the neighboring inhabitants or with louder volume
than is necessary for convenient hearing for the person or persons
who are in the room, vehicle or chamber in which the machine or device
is operated and who are voluntary listeners thereto is prohibited.
The operation of any set, instrument, phonograph, machine or sound
production or reproduction device between the hours of 10:00 p.m.
and 8:00 a.m. of the following day, in such a manner as to be plainly
audible across real property boundaries, or through partitions common
to two parties within a building, or any such operation which is plainly
audible at a distance of 50 feet from where such device is located
when operated within a motor vehicle, building or structure shall
be considered prima facie evidence of a violation of this chapter. "Property
boundary" is defined as an imaginary line at the ground surface, which
line separates the real property owned by one person from that owned
by another person, and its vertical extension.
(2)
Loudspeakers; amplifiers for advertising. The using, operating, or
permitting to be played, used or operated, of any radio receiving
set, musical instrument, phonograph, loudspeaker, sound amplifier
or other machine or device for the producing or reproducing of sound
which is cast upon the public streets for the purpose of commercial
advertising.
(3)
Yelling; shouting. Yelling, shouting, hooting, whistling or singing
on the public streets, particularly between the hours of 10:00 p.m.
and 8:00 a.m. of the following day, or at any time or place so as
to annoy or disturb the quiet, comfort or repose of persons in an
office, dwelling, hotel, motel or other type of residence, or of any
persons in the vicinity.
(4)
Animals; birds. The keeping of any animals or birds which, by causing frequent or long-continued noise, shall disturb the comfort or repose of any person in the vicinity, but nothing herein contained is intended to apply to a dog pound or kennel licensed in accordance with Chapter 46, Animals, Article I, Dogs and Cats, of this Code.
(5)
Horns. The sounding of any horn or warning device on any automobile,
motorcycle, bus or other vehicle, except when required by law, or
when necessary to give timely warning of the approach of the vehicle,
or as a warning of impending danger to persons driving other vehicles,
or to persons on the street. No persons shall sound any horn or warning
device on any automobile, motorcycle, bus or other vehicle which shall
emit an unreasonably loud or harsh sound, or for any unnecessary or
unreasonable period of time.
(6)
Steam whistles. The blowing of any steam whistle attached to any
stationary boiler, except to give notice of the time to begin or stop
work, or as a warning of danger, or as a signal or warning in connection
with civil defense, fire or ambulance calls.
(7)
Bells. The sounding of any bell or gong, or the blowing of any whistle
attached to a building or locomotive, except as a warning to prevent
injury to life or property.
(8)
Exhaust. The discharge into the open air of the exhaust of any steam
engine, stationary internal combustion engine or motor vehicle, except
through a muffler or other device which will effectively prevent loud
or explosive noises.
(9)
Defect in vehicle or load. The use of any automobile, motorcycle
or vehicle so out of repair or so loaded as to create loud and unnecessary
grating, grinding, rattling or other noise.
(10)
Loading; unloading; opening boxes. The creation of loud and
excessive noise in connection with loading or unloading vehicles or
with the opening and destruction of bales, boxes, crates and containers.
(11)
Construction or repairs. Wherever building or construction permits
are required for other than in a completely enclosed structure, excavation,
demolition, construction, repair or alteration work in connection
with any building, structure or other improvement is prohibited other
than between the hours of 8:00 a.m. and 8:00 p.m. Monday through Sunday.
Where there is urgent necessity or in the interest of public health
or safety, the Borough's Construction Official may grant authorization
for excavation, demolition, construction, repair or alteration work
for a period not to exceed three days during which emergency continues,
but the permit may be renewed for an additional period of three days
where the emergency continues.
(12)
Schools; courts; churches; hospitals. The creation of excessive
noise on a street adjacent to a school, institution of learning, church
or court while in use, which unreasonably interferes with the working
of such institution; or on a street adjacent to a hospital, which
disturbs or unduly annoys patients in the hospital, provided that
conspicuous signs are displayed in the street indicating that it is
a school, hospital or court street.
(13)
Drums. The use of drums or other instruments or devices for
the purpose of attracting attention to a performance, show or sale
by creation of noise.
(15)
Transportation of metal rails, pillars and columns. The transportation
of rails, pillars or columns of iron, steel or other material on carts,
drays, cars, trucks or in any other manner, causing loud noises or
disturbing the peace and quiet of streets or other public places.
(16)
Pile drivers; hammers. The operation other than between the
hours of 8:00 a.m. and 8:00 p.m., Monday through Saturday, of any
pile driver, steam shovel, bulldozer or other earth-moving machinery,
pneumatic hammer, derrick, steam or electric hoist or other appliance,
the use of which is attended by loud or unusual noise.
(17)
Blowers. The operation of a noise creating blower or power fan
or an internal combustion engine which causes noise because of the
explosion of operating gases or fluids, unless the noise from the
blower or fan is muffled and the engine is equipped with a muffler
device sufficient to deaden such noises.
(18)
Devices for scaring off birds and animals. Devices for the purpose
of scaring birds and animals, except between sunrise and sunset.
(19)
Exterior loud speakers. Using or operating any mechanical device
or loud speakers in a fixed or movable position exterior to any building
or mounted upon any aircraft, motor vehicle or motor boat, such that
the sound therefrom is plainly audible at or beyond the property boundary
of the source or on a public way between the hours of 10:00 p.m. and
8:00 a.m. of the following day.
(20)
Lawn mowers, chain saws, etc. The operation, other than between
the hours of 8:00 a.m. and 8:00 p.m., of any lawn mower, edger, weed
trimmer, chain saw or other device utilizing a motor for the purpose
of gardening, cutting wood, cutting or trimming lawns.
B.
The above enumeration is intended to give illustrations of prohibited
noise and shall not be construed as exclusive.
The noise control program established by this chapter shall
be administered by the Health Department which will have the overall
responsibility to coordinate, implement and enforce the provisions
of this chapter. The Noise Control Officer shall not enforce any noise
regulations within the jurisdiction of the Occupational Safety and
Health Act.
No person shall operate or cause to be operated within the limits
of the Borough of Spotswood any source of sound in such manner as
to create a sound level which exceeds the limits set forth in Table
1.
|
Table 1
| ||||
|---|---|---|---|---|
|
Maximum Permissible Sound Levels by Receiving Land Use
Category
| ||||
|
Sound Source Land
|
Receiving Land Use Category
| |||
|
Use Category
|
Residential
|
Commercial
|
Industrial
| |
|
Residential
|
7:00 a.m. – 10:00 p.m.
10:00 p.m. – 7:00 a.m.
|
55
50
|
65
|
75
|
|
Commercial
|
7:00 a.m. – 10:00 p.m.
10:00 p.m. – 7:00 a.m.
|
65
50
|
65
|
75
|
|
Industrial
|
7:00 a.m. – 10:00 p.m.
10:00 p.m. – 7:00 a.m.
|
65
50
|
65
|
75
|
Nothing herein contained shall be construed to apply to:
A.
The use of bells, chimes or sound amplifiers by churches in church
activities.
B.
Activities of the Borough departments, or contractors hired by the
Borough, in the performance of their duties, drills or public demonstrations.
C.
Activities in public parks, playgrounds or public buildings under
the permission or authority of the Borough officials.
D.
A public utility, as defined in Title 48 of the Revised Statutes
of New Jersey, or its employees when the public utility or its employees
are engaged in performing work to prevent the threatened interruption
of services or to terminate the interruption of service rendered to
customers.
E.
Domestic power tools, lawn mowers and agricultural equipment when
operated with a muffler between the hours of 8:00 a.m. and 8:00 p.m.
weekdays and 9:00 a.m. and 8:00 p.m. on weekends and holidays.
F.
Noise from construction activity.
G.
The emission of sound for the purpose of alerting persons to the
existence of an emergency.
H.
The emission of sound in the performance of emergency work.
Sound trucks may be operated in accordance with the following
regulations on the issuance of a permit by the Board of Commissioners
for each occasion and each location:
A.
Sound trucks shall not be operated in residential zones in the Borough
before 9:00 a.m. and after 7:00 p.m.
B.
Sound trucks shall not be operated in commercial or industrial zones
in the Borough before 9:00 a.m. and after 9:00 p.m.
C.
Moving sound trucks shall keep to the extreme right-hand side of
the road and shall proceed at a speed of not less than 10 miles per
hour.
D.
Stationary sound trucks are prohibited in all residential zones in
the Borough, but may be operated in commercial or industrial zones
between 9:00 a.m. and 9:00 p.m.
A.
Notice of violations. Violation of any provision of this chapter
shall be cause for a notice of violation to be issued by the Noise
Control Officer.
B.
Abatement orders.
(1)
Except as provided in Subsection B(2), in lieu of issuing a notice of violation as provided in Subsection A, the Noise Control Officer responsible for enforcement of any provision of this chapter may issue an order requiring abatement of any sound alleged to be in violation of this chapter within a reasonable time period and according to guidelines which the Noise Control Officer may prescribe.
C.
Violations and penalties.
[Amended 2-6-2006 by Ord. No. 2006-02]
(1)
Any person who shall violate a provision of the chapter shall, upon
conviction thereof, be punished by one or more of the following: a
fine not exceeding $2,000 or by imprisonment for a term not exceeding
90 days or by a period of community service not exceeding 90 days,
or any combination thereof.
(2)
Each day of violation of any provision of this chapter shall constitute
a separate offense.
(3)
Each day of violation of any provision of this chapter
shall constitute a separate offense.
D.
Other remedies. 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.
