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 meanings
as those defined in N.J.A.C. 7:29.
CONSTRUCTION
Any site preparation, assembly, erection, repair, alteration
or similar action, including demolition of buildings or structures.
DEMOLITION
Any dismantling, destruction or removal of buildings, structures
or roadways.
DEPARTMENT
The New Jersey Department of Environmental Protection.
EMERGENCY WORK
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.
IMPULSIVE SOUND
Either a single pressure peak or a single burst (multiple
pressure peaks) that has a duration of less than one second.
MOTOR VEHICLE
Any vehicle that is propelled other than by a human or animal
power on land.
MUFFLER
A properly functioning sound-dissipative device or system
for abating the sound of escaping gases on equipment where such a
device is part of the normal configuration of the equipment.
MULTI-DWELLING-UNIT BUILDING
Any building comprising two or more dwelling units, including
but not limited to apartments, condominiums, co-ops, multiple-family
houses, townhouses, and attached residences.
MULTI-USE PROPERTY
Any distinct parcel of land that is used for more than one
category of activity. Examples include, but are not limited to:
A.
A commercial, residential 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
B.
A building which is both commercial (usually on the ground floor)
and residential property located above, behind, below or adjacent.
NOISE CONTROL OFFICER
A.
An employee of:
(1)
A local, county or regional health agency which is certified
pursuant to the County Environmental Health Act (N.J.S.A. 26:3A2-21
et seq.) to perform noise enforcement activities; or
(2)
A municipality with a Department-approved noise control ordinance
and the employee has received noise enforcement training and is currently
certified in noise enforcement.
B.
The employee must be acting within his or her designated jurisdiction
and must be authorized to issue a summons in order to be considered
a noise control officer.
PLAINLY AUDIBLE
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 noise
control officer need not determine the title, specific words or the
artist performing the song,
PRIVATE RIGHT-OF-WAY
Any street, avenue, boulevard, road, highway, sidewalk, alley
or easement that is owed, leased or controlled by a nongovernmental
entity.
PUBLIC RIGHT-OF-WAY
Any street, avenue, boulevard, road, highway, sidewalk, alley
or easement that is owned, leased 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:
A.
The imaginary line, including its vertical extension, that separates
one parcel of real property from another;
B.
The vertical and horizontal boundaries of a dwelling unit that
is part of a multi-dwelling-unit building; or
C.
On a multi-use property, the interface between the two portions
of the property on which different categories of activity are being
performed (e.g., if the multi-use 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).
WEEKDAY
Any day that is not a federal holiday, and beginning on Monday
at 7:00 a.m. and ending on the following Friday at 6:00 p.m.
WEEKEND
Beginning on Friday at 6:00 p.m. and ending on the following
Monday at 7:00 a.m.