[HISTORY: Adopted by the Board of Health of the Borough of
Swedesboro as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Noise — See Ch. 217.
[Adopted 10-22-1987 (Ch. 131, Art. I, of the 1982 Code)]
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 an
environment free from excessive sound;
| |
|
Now, therefore, it is the policy of the Borough of Swedesboro
to prevent excessive sound that may jeopardize the health, welfare
or safety of the citizens or degrade the quality of life.
|
B.
This article shall apply to the control of sound originating from
stationary sources within the limits of the Borough of Swedesboro.
As used in this article, the following terms shall have the
meanings indicated:
A group of commercial facilities and the abutting public
rights-of-way and public spaces.
Any premises, property or facility involving traffic in goods
or furnishing of services for sale or profit, including but not limited
to:
Any site preparation, assembly, erection, repair, alteration
or similar action, but excluding demolition of buildings or structures.
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.
Any dismantling, intentional destruction or removal of buildings
or structures.
Any work or action necessary to deliver essential 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 or abating life-threatening conditions.
Any activity and its related premises, property, facilities
or equipment involving the fabrication, manufacture or production
of durable or nondurable goods.
Any vehicle that is propelled or drawn on land by an engine
or motor.
A sound dissipative device or system for abating the sound
of escaping gases of an internal combustion engine.
Any building wherein there are two or more dwelling units.
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.
The Noise Control Officer designated as the official liaison
with all municipal departments, empowered to grant permits for variances.
An officially designated employee of the municipality, of
a group of municipalities or of the county trained in the measurement
of sound and empowered to issue a summons for violations of this article.
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.
Any individual, corporation, company, association, society,
firm, partnership, joint stock company, the state or any political
subdivision, agency or instrumentality of the state.
Any street, avenue, boulevard, road, highway, sidewalk or
alley that is leased, owned or controlled by a governmental entity.
Any real property or structures thereon that are owned, leased
or controlled by a governmental entity.
The using, operating or permitting to be played of any radio,
phonograph, tape player, compact disc player, television or other
machine or device which produces or reproduces sound in such manner
as to disturb the peace, quiet or comfort of the neighboring inhabitants
or at any time with louder volume than it is necessary for convenience
in hearing for the person or persons who are in the room, vehicle,
chamber or yard in which such a machine or device is operated and
who are voluntarily listeners thereto.
[Added 10-3-1994]
Either the imaginary line including its vertical extension
that separates one parcel of real property from another or the vertical
and horizontal boundaries of a dwelling unit that is one in a multidwelling
unit building.
A group of residential properties and the abutting public
rights-of-way and public spaces.
Property used for human habitation, including but not limited
to:
The sound pressure level measured in decibels with a sound
level meter set for A-weighting; sound level is expressed in dBA.
An instrument used to measure sound level and conforms to
Type 1 or Type 2 standards as specified by ANSI specification S1.4-1971.
Any day, Monday through Friday, that is not a legal holiday.
A.
The provisions of this article shall be enforced by the Noise Control
Officer.
B.
The Noise Control Administrator shall have the power to:
(1)
Coordinate the noise control activities of all municipal departments
and cooperate with all other public bodies and agencies to the extent
practicable.
(2)
Review the actions of other municipal departments and advise such
departments 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
article.
C.
The Noise Control Administrator shall consult with the airport proprietor
to recommend the changes in airport operations to minimize any noise
which the airport owner may have the authority to control in its capacity
as proprietor. The Noise Control Administrator shall report on his/her
efforts to the governing body.
D.
A person shall be qualified to be a Noise Control Officer if the
person has satisfactorily completed any of the following:
(1)
Community Noise — A Short Course, offered by the Department
of Environmental Science of Cook College, Rutgers or the State University;
(2)
A program of tutoring and on-the-job training offered by the New
Jersey Department of Environmental Protection, Office of Noise Control,
to its employees; or
A.
All departments and agencies of the Borough of Swedesboro shall carry
out their programs according to law and shall cooperate with the Noise
Control Administrator in the implementation and enforcement of this
article.
B.
All departments charged with new projects or changes to existing
projects that may result in the production of noise shall consult
with the Noise Control Administrator prior to the approval of such
projects to ensure that such activities comply with the provisions
of this article.
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 below when measured at or within the real property line of the receiving property except as provided in Subsection A(1).
(1)
When measuring noise within a dwelling unit of a multidwelling 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, in dBA
| ||||||
|---|---|---|---|---|---|---|
|
Receiving Property Category
| ||||||
|
Another Dwelling Within a Multi-Dwelling Unit
Building
|
Residential
|
Commercial
|
Industrial
| |||
|
Sound Source Property Category
|
7:00 a.m. to 10:00 p.m.
|
10:00 p.m. to 7:00 a.m.
|
7:00 a.m. to 10:00 p.m.
|
10:00 p.m. to 7:00 a.m.
|
All Times
|
All Times
|
|
Any location within a multidwelling unit building
|
45
|
40
|
55
|
50
|
65
|
75
|
|
Residential
|
55
|
50
|
65
|
75
| ||
|
Commercial or public spaces or rights-of-way
|
65
|
50
|
65
|
75
| ||
|
Industrial
|
65
|
50
|
65
|
75
| ||
B.
The following are exempt from the sound level limits of Table I above:
(1)
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.
(2)
Sound from church bells and church chimes when a part of a religious
observance or service.
(3)
Noise from construction activity, provided that all motorized equipment used in such activity is equipped with functioning mufflers, except as provided in § 370-6B(6).
(4)
Noise from snowblowers, snow throwers and snow plows when operated
with a muffler for the purpose of snow removal.
(5)
Noise from stationary emergency signaling devices that conform to
the provisions of N.J.A.C. 7:29.
(6)
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 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, morals,
peace or safety of others within the limits of the Borough. Such noise
is prohibited if it is audible at a distance of 30 feet from the building,
structure, vehicle or yard from which it emanates. This prohibition
shall include noise emanating from any public property, including
any public street, promenade, highway, building, sidewalk, park or
thoroughfare or any motor vehicle on a public street, highway or public
space.
[Amended 10-3-1994]
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 continually
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 10:00 p.m. and 5:00 a.m. the following day when
the latter is a weekday and between the hours of 10:00 p.m. and 5:00
a.m. the following day when the latter is a legal holiday or 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 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, excavating or demolition work between the hours of 6:00 p.m. and 7:00 a.m. the following day on weekdays or at any time on weekends or legal holidays, provided that such equipment is equipped with a functioning muffler except for emergency work, by variance pursuant to § 370-8 or when the sound level does not exceed any applicable limit specified in Table I.[1]
A.
B.
Noise from municipally sponsored or approved celebrations or events
shall be exempt from the provisions of this article.
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 article.
(1)
Applications for a permit of variance shall supply information, including
but not limited to:
(a)
The nature and location of the noise source for which such application
is made.
(b)
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.
(c)
The nature and intensity of noise that will occur during the
period of the variance.
(d)
The section or sections of this article for which the permit
of variance shall apply.
(e)
A description of interim noise control measures to be taken
by the applicant to minimize noise and the impacts occurring therefrom.
(f)
A specific schedule of the noise control measures which shall
be taken to bring the source into compliance with this article within
a reasonable time.
(2)
Failure to supply the information required by the Noise Control Administrator
shall be cause for rejection of the application.
(3)
A copy of the permit of variance must be kept on file by the Municipal
Clerk for public inspection.
B.
C.
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.
D.
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 article would impose an arbitrary or unreasonable hardship
upon the applicant without equal or greater benefits to the public.
(1)
In making the determination on granting a variance, the Noise Control
Administrator shall consider:
(a)
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.
(b)
The social and economic value of the activity for which the
variance is sought.
(c)
The ability of the applicant to apply best practical noise control
measures.
E.
The permit of variance may be revoked by the Noise Control Administrator
if the terms of the permit of variance are violated.
F.
A variance may be revoked by the Noise Control Administrator if there
is:
A.
Issuance of summons. Violation of any provision of this article shall
be cause for a summons to be issued by the Noise Control Officer.
B.
Abatement orders.
(1)
Except as provided in Subsection B(2), in lieu of issuing a summons as provided in Subsection A, the Noise Control Officer may issue an order requiring abatement of any source of sound alleged to be in violation of this article within a reasonable time period and according to guidelines which the Noise Control Officer may prescribe.
(2)
An abatement order shall not be issued if any person willfully or
knowingly violates any provision of this article or if the Noise Control
Officer has reason to believe that there will not be compliance with
the abatement order.
C.
Penalties. Any person, partnership, firm or corporation that violates
any section of this article shall, upon conviction thereof, be subject
to a fine of no more than $3,000.
[Amended 10-3-1994[1]]
D.
Other remedies. No provision of this article 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 article or from other law.
[Adopted 10-22-1987 (Ch. 131, Art. II, of the 1982 Code)]
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 an
environment free from excessive sound;
|
|
Now, therefore, it is the policy of the Borough of Swedesboro
to prevent excessive sound that may jeopardize the health, welfare
or safety of the citizens or degrade the quality of life.
|
B.
This article shall apply to the control of sound originating from
mobile sources within the limits of the Borough of Swedesboro.
As used in this article, the following terms shall have the
meanings indicated:
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.
Any work or action necessary to restore essential services,
including but not limited to repairing water, gas, electricity, telephone,
sewer facilities and public transportation, removing fallen trees
on public rights-of-way and abating life-threatening conditions.
The values 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.
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.
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.
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.
A sound dissipative device or system for abating the sound
of escaping gases of an internal combustion engine.
Any airborne 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.
An officially designated employee of the Police Department
trained in the measurement of sound and empowered to issue citations
and violations of this article.
Any individual corporation, company, association, society,
firm, partnership, joint stock company, the state or any political
subdivision, agency or instrumentality of the state.
Any street, avenue, boulevard, road, highway, sidewalk, alley
or similar place that is owned or controlled by a governmental entity.
Any real property or structures thereon that are owned or
controlled by a governmental entity.
The using, operating or permitting to be played of any radio,
phonograph, tape player, compact disc player, television or other
machine or device which produces or reproduces sound in such manner
as to disturb the peace, quiet or comfort of the neighboring inhabitants
or at any time with louder volume than it is necessary for convenience
in hearing for the person or persons who are in the room, vehicle,
chamber or yard in which such a machine or device is operated and
who are voluntarily listeners thereto.
[Added 10-3-1994]
The imaginary line including its vertical extension that
separates one parcel of real property from another.
Any motor vehicle used off public roads for recreational
purposes.
A group of residential properties and the abutting public
right-of-way and public spaces.
Any property used for human habitation.
The sound pressure level measured in decibels with a sound
level meter.
An instrument for the measurement of sound levels as specified
in N.J.A.C. 7:29B, which provisions are incorporated herein by reference.
A.
The noise control program established by this article shall be administered
by the Police Department.
B.
The Police Department shall be empowered to stop any motor vehicle
or motorcycle operated on a public right-of-way or public space reasonably
suspected of violating any provisions of this article.
C.
A person shall be qualified to be a Noise Control Officer if the
person has satisfactorily completed any of the following:
A.
Motor vehicles and motorcycles on public rights-of-way. No person
shall cause, suffer, allow or permit the operation of a public or
private motor vehicle or motorcycle on a public right-of-way at any
time in such a manner that the A-weighted sound pressure level emitted
by the motor vehicle or motorcycle exceeds the level set forth in
Table I below.
|
Table I
Maximum Permissible A-Weighted Sound Pressure Levels from
Motor Vehicles and Motorcycles
A-Weighted sound pressure level in dBA at 50 feet (15
meters) from center line of vehicle travel
| ||||
|---|---|---|---|---|
|
(Measured according to Department of Transportation, Bureau
of Motor Carrier Safety Regulations for enforcement of Motor Carrier
Noise Emission Standards, Title 49, Code of Federal Regulations, Chapter
II, Part 325)
| ||||
|
Vehicle Class
|
Speed Limit 35 Miles Per Hour or Less
|
Speed Limit Over 35 Miles Per Hour
|
Stationary Run-Up
| |
|
Motor carrier vehicle engaged in interstate commerce of GVWR
or GCWR of 10,000 pounds or more
|
86
|
90
|
88
| |
|
All other motor vehicles of GVWR or GCWR of 10,000 pounds or
more
|
86
|
90
|
—
| |
|
Any motorcycle
|
82
|
86
|
—
| |
|
Any other motor vehicle or any combination of vehicles towed
by any motor vehicle
|
76
|
82
|
—
| |
|
A-Weighted Sound Pressure Level on Fast Setting in dBA
at 15 Feet From the Edge of the Lane of Vehicle Travel
| ||
|---|---|---|
|
Vehicle Class
|
Speed Limit 35 Miles Per Hour or Less
| |
|
Any motor vehicle or motorcycle with a GVWR less than 10,000
pounds
|
80
|
B.
Recreational motorized vehicles operating off public rights-of-way. Except as permitted in § 370-14B(2), no person shall operate or cause to be operated any recreational motorized vehicle in such a manner that the sound level emitted therefrom exceeds the limits set forth in Table II below at either a distance of 50 feet (15 meters) or more from the path of the vehicle when operated on a public space or at or across a real property line when operated on private property. This subsection shall apply to all recreational motorized vehicles whether or not duly licensed or registered.
|
Table II
Maximum Permissible A-Weighted Sound Pressure Recreational
Motorized Vehicles Operated Off Public Rights-of-Way
| |||
|---|---|---|---|
|
Vehicle Type
|
A-Weighted Sound Pressure Level
| ||
|
Motorcycle
| |||
|
(Unit mfg. before 1975)
|
86
| ||
|
(Unit mfg. after 1975)
|
84
| ||
|
Any other vehicle
| |||
|
(Unit mfg. before 1975)
|
84
| ||
|
(Unit mfg. after 1975)
|
80
| ||
A.
No person shall 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, morals,
peace or safety of others within the limits of the Borough. Such noise
is prohibited if it is audible at a distance of 30 feet from the building,
structure, vehicle or yard from which it emanates. This prohibition
shall include noise emanating from any public property, including
any public street, promenade, highway, building, sidewalk, park or
thoroughfare or any motor vehicle on a public street, highway or public
space.
[Added 10-3-1994]
B.
Adequate mufflers.
(1)
No person shall cause, suffer, allow or permit the operation of any
motor vehicle or motorcycle not equipped with original muffler and
other components or equivalent replacement in good working order and
in constant operation regardless of sound level produced.
(2)
No person shall remove or render inoperative or cause to be removed
or rendered inoperative, other than for purposes of maintenance, repair
or replacement, any muffler or other exhaust component on a motor
vehicle or motorcycle.
C.
Motor vehicle horns and signaling devices. The following acts and
the causing thereof are declared to be in violation of this article:
(1)
The sounding of any horn or other auditory signaling device in any
motor vehicle or motorcycle on any public right-of-way or public space,
except as a warning of danger.
(2)
The sounding of any horn or other auditory signaling device that
produces a sound level in excess of 100 dBA at 25 feet (7.5 meters).
D.
Standing motor vehicles. No person shall operate or permit the operation
of any motor vehicle, or any auxiliary equipment attached to such
a vehicle, for a period longer than three 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. the following day.
E.
Sound reproductive device. No person shall cause, suffer, allow or
permit the operation or playing of any radio, tape player or similar
device that reproduces or amplifies sound in such a manner as to create
noise at 50 feet (15 meters) from such device, when operating in or
on a motor vehicle on a public right-of-way or public space.
The provisions of this article shall not apply to the emissions of sound for the purpose of alerting persons to the existence of an emergency, except as specified in § 370-14C.
A.
Issuance of summons. Violation of any provision of this article shall
be cause for a summons to be issued by the Noise Control Officer.
B.
Revocation of summons. If a summons is given for violation of § 370-14B of this article, the summons may be revoked by the Police Department if the offending vehicle's exhaust system is repaired within five days. The vehicle must be brought to the police station for an inspection of the exhaust system.
C.
Penalties. Any person, partnership, firm or corporation that violates
any section of this article shall, upon conviction thereof, be subject
to a fine of not more than $3,000.
[Amended 10-3-1994[1]]
D.
Other remedies. No provisions of this article 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 article or from other law.
