[HISTORY: Adopted by the Board of Health
of the Borough of North Haledon 5-21-1979 (Ch. 203 of the 1990 Code). Amendments
noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
The Health Officer, Sanitarian or other official as is authorized
by the Board of Health to enforce this chapter.
Includes an individual, firm, corporation, association, society
and partnership or their agents or employees.
The following matters, things, conditions or
acts and each of them are hereby declared to be a nuisance and injurious
to the health of the inhabitants of this municipality:
A.
Any matter, thing, condition or act which is or may
become detrimental or a menace to the health of the inhabitants of
this municipality.
B.
Any matter, thing, condition or act which is or may
become an annoyance or interfere with the comfort or general well-being
of the inhabitants of this municipality.
C.
Pollution, or the existence of a condition or conditions
which cause or threaten pollution, of any waters in this municipality
in such a manner as to cause or threaten injury to any of the inhabitants
of this municipality either in their health, comfort or property.
D.
The growth, existence or presence of ragweed on any
plot of land, lot, highway, right-of-way or any other public or private
place.
E.
The growth, existence or presence of poison ivy within
20 feet of any property line.
F.
The existence or presence of any water or other liquid
in which mosquito larvae breed or exist.
G.
The existence or presence of any accumulation of garbage,
refuse, manure or animal or vegetable matter which may attract flies
and to which flies may have access or in which fly larvae or pupae
breed or exist.
H.
Depositing, accumulating or maintaining any matter
or thing which serves as food for insects or rodents and to which
they may have access or which serves or constitutes a breeding place
or harborage for insects or rodents in or on any land, premises, building
or other place.
It shall be unlawful for any person or persons to commit, maintain or allow any nuisance, as declared and described in § 659-2.
It shall be unlawful for the owner or owners
who have agreed to supply heat to any building designed to be occupied
or occupied as a residence by more than two families to fail to supply
heat from the first day of October in each year to the first day of
May of the succeeding year in such a manner that the temperature of
said building where one or more persons reside shall always be kept
at 68° F. or above between the hours of 6:00 a.m. and 10:00 p.m.
[Amended 2-18-2015 by Ord. No. 3-2015]
A.
Policy; applicability.
B.
CONSTRUCTION
dBC
DEMOLITION
DEPARTMENT
EMERGENCY WORK
IMPULSIVE SOUND
MINOR VIOLATION
MOTOR VEHICLE
MUFFLER
MULTIDWELLING-UNIT BUILDING
MULTI-USE PROPERTY
(1)
(2)
NOISE CONTROL INVESTIGATOR (NCI)
NOISE CONTROL OFFICER (NCO)
PLAINLY AUDIBLE
PRIVATE RIGHT-OF-WAY
PUBLIC RIGHT-OF-WAY
PUBLIC SPACE
REAL PROPERTY LINE
SOUND-PRODUCTION DEVICE
SOUND-REDUCTION DEVICE
WEEKDAY
WEEKENDS
Definitions. The following words and terms, when used in this section,
shall have the following meanings, unless the context clearly indicates
otherwise. Terms not defined in this section have the same meaning
as those defined in N.J.A.C. 7:29.
Any site preparation, assembly, erection, repair, alteration
or similar action of buildings or structures.
The sound level as measured using the C weighting network
with a sound level meter meeting the standards set forth in ANSI S1.4-1983
or its successors. The unit of reporting is dB(C). The C weighting
network is more sensitive to low frequencies than is the A weighting
network.
Any dismantling, destruction or removal of buildings, structures,
or roadways.
The New Jersey Department of Environmental Protection.
Any work or action necessary at the site of an emergency
to restore or 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, dredging navigational waterways, or abating life-threatening
conditions or a state of emergency declared by a governing agency.
Either a single pressure peak or a single burst (multiple
pressure peaks) that has a duration of less than one second.
A violation that is not the result of the purposeful, reckless
or criminally negligent conduct of the alleged violator; and/or the
activity or condition constituting the violation has not been the
subject of an enforcement action by any authorized local, county or
state enforcement agency against the violator within the immediately
preceding 12 months for the same or substantially similar violation.
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 on engines or equipment where such 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, below or otherwise
adjacent to.
An employee of a municipality, county or regional health
commission that has a Department-approved model noise control ordinance
and the employee has not received noise enforcement training as specified
by the Department in N.J.A.C. 7:29. However, he or she is knowledgeable
about the model noise ordinance and enforcement procedures. A noise
control investigator may only enforce sections of the ordinance that
do not require the use of a sound level meter. The employee must be
acting within his or her designated jurisdiction and must be authorized
to issue a summons.
An employee of 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 an employee of a municipality with a Department-approved model
noise control ordinance. All NCOs must receive noise enforcement training
as specified by the Department in N.J.A.C. 7:29 and be currently certified
in noise enforcement. The employee must be acting within his or her
designated jurisdiction and must be authorized to issue a summons.
Any sound that can be detected by an NCO or an NCI using
his or her unaided hearing faculties of normal acuity. As an example,
if the sound source under investigation is a portable or vehicular
sound amplification or reproduction device, the detection of the rhythmic
bass component of the music is sufficient to verify plainly audible
sound. The NCO or NCI 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 governmental
entity.
Any real property or structures thereon that are owned, leased,
or controlled by a governmental entity.
Either a) the vertical boundary that separates one parcel
of property (i.e., lot and block) from another residential or commercial
property; b) the vertical and horizontal boundaries of a dwelling
unit that is part of a multidwelling-unit building; or c) on a multi-use
property as defined herein, the vertical or horizontal boundaries
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, or if there is an outdoor sound source
such as an HVAC unit on the same parcel of property, the boundary
line is the exterior wall of the receiving unit). Note: this definition
shall not apply to a commercial source and a commercial receptor which
are both located on the same parcel of property (e.g., a strip mall).
Any device whose primary function is the production of sound,
including, but not limited to, any musical instrument, loudspeaker,
radio, television, digital or analog music player, public address
system or sound-amplifying equipment.
Any device, such as a muffler, baffle, shroud, jacket, enclosure,
isolator, or dampener, provided by the manufacturer with the equipment,
or that is otherwise required, that mitigates the sound emissions
of the equipment.
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.
Beginning on Friday at 6:00 p.m. and ending on the following
Monday at 7:00 a.m.
C.
Applicability.
(1)
This model noise ordinance applies to sound from the following property
categories:
(2)
This model noise ordinance applies to sound received at the following
property categories:
(3)
Sound from stationary emergency signaling devices shall be regulated
in accordance with N.J.A.C. 7:29-1.4, except that the testing of the
electromechanical functioning of a stationary emergency signaling
device shall not meet or exceed 10 seconds.
D.
Exemptions.
(2)
Sound-production devices required or sanctioned under the Americans
with Disabilities Act (ADA), FEMA or other government agencies to
the extent that they comply with the noise requirement of the enabling
legislation or regulation. Devices which are exempted under N.J.A.C.
7:29-1.5 shall continue to be exempted.
E.
Enforcement officers.
(1)
Noise Control Officers shall have the authority within their designated
jurisdiction to investigate suspected violations of any section of
this section and pursue enforcement activities.
(2)
Noise Control Investigators shall have the authority within their
designated jurisdiction to investigate suspected violations of any
subsection of this section that do not require the use of a sound
level meter (i.e., plainly audible, times of day and/or distance determinations)
and pursue enforcement activities.
(3)
Noise Control Officers and Investigators may cooperate with NCOs
and NCIs of an adjacent municipality in enforcing one another's
municipal noise ordinances.
F.
Measurement protocols.
(1)
Sound measurements made by a Noise Control Officer shall conform to the procedures set forth at N.J.A.C. 7:29-2, except that interior sound level measurements shall also conform to the procedures set forth in Subsection F(2) of this section and with the definition of "real property line" as contained herein.
(2)
When conducting indoor sound level measurements across a real property
line, the measurements shall be taken at least three feet from any
wall, floor or ceiling and all exterior doors and windows may, at
the discretion of the investigator, be closed. The neighborhood residual
sound level shall be measured in accordance with N.J.A.C. 7:29-2.9(b)2.
When measuring total sound level, the configuration of the windows
and doors shall be the same and all sound sources within the dwelling
unit must be shut off (e.g., television, stereo). Measurements shall
not be taken in areas which receive only casual use such as hallways,
closets and bathrooms.
G.
Maximum permissible sound levels.
(1)
No person shall cause, suffer, allow, or permit the operation of any source of sound on any source property listed in Subsection C(1) above in such a manner as to create a sound level that equals or exceeds the sound level limits set forth in Table I, II or III when measured at or within the real property line of any of the receiving properties listed in Table I, II or III except as specified in Subsection F(2).
(2)
Impulsive sound. Between 7:00 a.m. and 10:00 p.m., impulsive sound
shall not equal or exceed 80 decibels. Between 10:00 p.m. and 7:00
a.m., impulsive sound which occurs fewer than four times in any hour
shall not equal or exceed 80 decibels. Impulsive sound which repeats
four or more times in any hour shall be measured as continuous sound
and shall meet the requirements as shown in Tables I and II.
Table I
Maximum Permissible A-Weighted Sound Levels When Measured
Outdoors
| |||
---|---|---|---|
Receiving Property Category
| |||
Residential Property or Residential Portion of a Multi-Use
Property
|
Commercial Facility, Public Service Facility, Nonresidential
Portion of a Multi-Use Property, or Community Service Facility
| ||
7:00 a.m. - 10:00 p.m.
|
10:00 p.m. - 7:00 a.m.
|
24 hours
| |
Maximum A-weighted sound level standard, dB
|
65
|
50
|
65
|
Table II
Maximum Permissible A-Weighted Sound Levels When Measured
Indoors
| |||
---|---|---|---|
Receiving Property Category
| |||
Residential Property or Residential Portion of a Multi-Use
Property
|
Commercial Facility, or Nonresidential Portion of a Multi-Use
Property
| ||
7:00 a.m. - 10:00 p.m.
|
10:00 p.m. - 7:00 a.m.
|
24 hours
| |
Maximum A-weighted sound level standard, dB
|
55
|
40
|
55
|
Note: Table II shall only apply when the source and the receptor
are separated by a real property line and they also share a common
or abutting wall, floor or ceiling, or are on the same parcel of property.[1]
|
[1]
Editor's Note: Table III, Maximum, Permissible Octave Band Sound Pressure Levels in Decibels, is included as an attachment to this chapter.
H.
Sound-production devices. No person shall cause, suffer, allow, or permit the operation of any sound-production device in such a manner that the sound crosses a property line and raises the total sound levels above the neighborhood residual sound level by more than the permissible sound level limits set forth in Table IV when measured within the residence of a complainant according to the measurement protocol in Subsection F(2) of this section. These sound level measurements shall be conducted with the sound level meter set for C weighting, fast response.
Table IV
Maximum Permissible Increase in Total Sound Levels Within
A Residential Property
| |
---|---|
Week nights 10:00 p.m. - 7:00 a.m. Weekend nights 11:00
p.m. and 9:00 a.m.
|
All other times
|
3 dB(C)
|
6 dB(C)
|
I.
Restricted uses and activities. The following standards shall apply
to the activities or sources of sound set forth below:
(1)
Excluding emergency work, power tools, home maintenance tools, landscaping
and/or yard maintenance equipment used by a residential property owner
or tenant shall not be operated between the hours of 8:00 p.m. and
8:00 a.m., unless such activities can meet the applicable limits set
forth in Table I, II or III. At all other times the limits set forth
in Table I, II or III do not apply. All motorized equipment used in
these activities shall be operated with a muffler and/or sound-reduction
device.
(2)
Excluding emergency work, power tools, landscaping and/or yard maintenance
equipment used by nonresidential operators (e.g., commercial operators,
public employees) shall not be operated on a residential, commercial,
industrial or public (e.g., golf course, parks, athletic fields) 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,
unless such activities can meet the limits set forth in Table I, II
or III. At all other times the limits set forth in Table I, II or
III do not apply. All motorized equipment used in these activities
shall be operated with a muffler and/or sound-reduction device.
(3)
All construction and demolition activity, excluding emergency work,
shall not be performed between the hours of 6:00 p.m. and 7:00 a.m.
on weekdays, or between the hours of 6:00 p.m. and 9:00 a.m. on weekends
and federal holidays, unless such activities can meet the limits set
forth in Table I, II or III. At all other times the limits set forth
in Table I, II or III do not apply. All motorized equipment used in
construction and demolition activity shall be operated with a muffler
and/or sound-reduction device.
(4)
Motorized snow removal equipment shall be operated with a muffler
and/or sound-reduction device when being used for snow removal. At
all other times the limits set forth in Table I, II or III do not
apply.
(5)
All interior and exterior burglar alarms 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 intermittent sound after it has been activated. At
all other times the limits set forth in Table I, II or III do not
apply.
(6)
Self-contained, portable, nonvehicular music or sound-production
devices 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 operated on a public space or public right-of-way
shall not be plainly audible at a distance of 25 feet in any direction
from the operator;
(7)
Animals.
(a)
It shall be unlawful for any property owner or tenant to allow
any domesticated or caged animal to create a sound across a real property
line which unreasonably disturbs or interferes with the peace, comfort,
and repose of any resident, or to refuse or intentionally fail to
cease the unreasonable noise when ordered to do so by a Noise Control
Officer or Noise Control Investigator. Prima facie evidence of a violation
of this subsection shall include but not be limited to:
[1]
Vocalizing (howling, yelping, barking, squawking etc.) for five
minutes without interruption, defined as an average of four or more
vocalizations per minute in that period; or
[2]
Vocalizing for 20 minutes intermittently, defined as an average
of two vocalizations or more per minute in that period.
(b)
It is an affirmative defense under this subsection that the
dog or other animal was intentionally provoked to bark or make any
other noise.
J.
Motor vehicles. Violations of each subsection of this Subsection J shall be considered purposeful and therefore nonminor violations.
(1)
No person shall remove or render inoperative, or cause to be removed
or rendered inoperative or less effective than originally equipped,
other than for the purposes of maintenance, repair, or replacement,
any device or element of design incorporated in any motor vehicle
for the purpose of noise control. No person shall operate a motor
vehicle or motorcycle which has been so modified. A vehicle not meeting
these requirements shall be deemed in violation of this provision
if it is operated stationary or in motion in any public space or public
right-of-way.
(2)
No motorcycle shall be operated stationary or in motion unless it
has a muffler that complies with and is labeled in accordance with
the federal noise regulations under 40 CFR Part 205.
(3)
Personal or commercial vehicular music amplification or reproduction
equipment shall not be operated in such a manner that it is plainly
audible at a distance of 25 feet in any direction from the operator
between the hours of 10:00 p.m. and 8:00 a.m.
(4)
Personal or commercial vehicular music amplification or reproduction
equipment shall not be operated in such a manner that is 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.
K.
Enforcement.
(1)
Violation of any provision of this section shall be cause for a notice
of violation (NOV) or a notice of penalty assessment (NOPA) document
to be issued to the violator by the Noise Control Officer or Noise
Control Investigator.
(2)
Any person who violates any provision of this section shall be subject
to a civil penalty for each offense of not more than $2,000. If the
violation is of a continuing nature, each day during which it occurs
shall constitute an additional, separate, and distinct offense.
(3)
Upon identification of a violation of this section, the Noise Control
Officer or Noise Control Investigator shall issue an enforcement document
to the violator. The enforcement document shall identify the condition
or activity that constitutes the violation and the specific provision
of this section that has been violated. It shall also indicate whether
the violator has a period of time to correct the violation before
a penalty is sought.
(4)
If the violation is deemed by the Noise Control Officer or Noise Control Investigator to be a minor violation (as defined in Subsection B of this section), a NOV shall be issued to the violator.
(a)
The document shall indicate that the purpose of the NOV is intended
to serve as a notice to warn the responsible party/violator of the
violation conditions in order to provide them with an opportunity
to voluntarily investigate the matter and voluntarily take corrective
action to address the identified violation.
(b)
The NOV shall identify the time period (up to 90 days), pursuant
to the Grace Period Law, N.J.S.A. 13:1D-125 et seq., where the responsible
party's/violator's voluntary action can prevent a formal
enforcement action with penalties issued by the Health Department.
It shall be noted that the NOV does not constitute a formal enforcement
action, a final agency action or a final legal determination that
a violation has occurred. Therefore, the NOV may not be appealed or
contested.
(5)
If the violation is deemed by the Noise Control Officer or Noise
Control Investigator to be a nonminor violation, the violator shall
be notified that if the violation is not immediately corrected, a
NOPA with a civil penalty of no more than $2,000 will be issued. If
a nonminor violation is immediately corrected, a NOV without a civil
penalty shall still be issued to document the violation. If the violation
occurs again (within 12 months of the initial violation) a NOPA shall
be issued regardless of whether the violation is immediately corrected
or not.
(6)
The violator may request from the Noise Control Officer or Noise
Control Investigator, an extension of the compliance deadline in the
enforcement action. The Noise Control Officer or Noise Control Investigator
shall have the option to approve any reasonable request for an extension
(not to exceed 180 days) if the violator can demonstrate that a good-faith
effort has been made to achieve compliance. If an extension is not
granted and the violation continues to exist after the grace period
ends, a NOPA shall be issued.
(7)
The recipient of a NOPA shall be entitled to a hearing in a municipal
court having jurisdiction to contest such action.
(8)
The Noise Control Officer or Noise Control Investigator may seek
injunctive relief if the responsible party does not remediate the
violation within the period of time specified in the NOPA issued.
(9)
Any claim for a civil penalty may be compromised and settled based
on the following factors:
L.
Consistency, severability and repealer.
(1)
If any provision or portion of a provision of this section is held
to be unconstitutional, preempted by federal or state law, or otherwise
invalid by any court of competent jurisdiction, the remaining provisions
of the section shall not be invalidated.
(2)
All ordinances or parts of ordinances, which are inconsistent with
any provisions of this section are hereby repealed as to the extent
of such inconsistencies.
(3)
No provision of this section shall be construed to impair any common
law or statutory cause of action, or legal remedy there from, of any
person for injury or damage arising from any violation of this section
or from other law.
It shall be unlawful for any person to rent,
lease or otherwise permit the occupancy of any building as a residence
or for any person to reside in any building as its owner which:
A.
Is not adequately and properly ventilated.
B.
Fails to provide potable water at sufficient pressure
and quantity for each family unit from a public supply approved by
the State Department of Health or a private supply approved by the
enforcing official.
C.
Does not have plumbing fixtures, consisting of a kitchen
sink, bathtub or shower, lavatory and flush toilet connected to the
potable water supply.
D.
Does not have facilities for the discharge of all
household liquid wastes into a public sewerage system approved by
the State Department of Health or into a private sewerage system approved
by the enforcing official.
It shall be unlawful for any person to spit
upon any public sidewalk or upon any part of the interior or exterior
of any building or public conveyance.
[Added 11-22-1993 by Ord. No. BH:1-1993]
It shall be unlawful for any person to urinate
or defecate in public or on any part of the interior or exterior of
any building or public conveyance.
A.
All places and premises in this municipality shall
be subject to inspection by the Board of Health or the enforcing official
if the Board or that official has reason to believe that any section
of this chapter is being violated.
B.
It shall be unlawful for any person to hinder, obstruct,
delay, resist or prevent the Board of Health or the enforcing official
from having full access to any place or premises upon which a violation
of this chapter is believed to exist.
A.
Whenever a nuisance as declared by this chapter is
found on any plot of land, lot, right-of-way or any other private
premises or place, notice, in writing, shall be given to the owner
thereof to remove or abate the same within such time as shall be specified
therein, but not less than five days from the date of service thereof.
A duplicate of the notice shall be left with one or more of the tenants
or occupants of the premises or place.
B.
If the owner resides out of the state or cannot be
so notified speedily, such notice shall be left at that place or premises
with the tenant or occupant thereof or posted on the premises, and
such action shall be considered proper notification to the owner,
tenant or occupant thereof.
C.
Whenever a nuisance as declared by this chapter is
found on any public property or on any highway or any other public
premises or place, notice, in writing, shall be given to the person
in charge thereof to remove or abate the same within such time as
shall be specified therein. If such person fails to comply with such
notice within the time specified therein, the Board of Health may
remove or abate such nuisance in the manner as hereinafter provided
in the case of a like condition existing on a private premises or
place.
D.
If the owner, tenant or occupants, upon being notified
as provided by this chapter, shall not comply with such notice within
the time specified therein and fail to remove or abate such nuisance,
the Board of Health shall proceed to abate the nuisance or may cause
it to be removed or abated in a summary manner by such means as said
Board shall deem proper.
The Board of Health may institute an action
at law to recover costs incurred by it in the removal or abatement
of any nuisance as declared by this chapter from any person who shall
have caused or allowed such nuisance to exist or from any owner, tenant,
or occupants of the premises who, after notice and notification as
herein provided, shall fail to remove and abate the same within the
time specified in such notice.
[Added 12-17-1990 by Ord. No. BH:1-1990; amended 11-22-1993 by Ord. No. BH:1-1993; 12-29-2004 by Ord. No.
BH:18-2004]
Garbage containers shall be placed at the curbside
no earlier than 6:00 p.m. on the night before collection and shall
not be left at curbside more than 24 hours following collection. Any
business establishment discarding wet food products will be required
to have a closed dumpster. Such garbage containers shall conform to
the below maximum capacity and weight limitations:
A.
The maximum capacity of all garbage containers, excluding
dumpsters, shall be 32 gallons.
B.
The maximum weight limitation of all garbage containers
with garbage deposited therein placed at curbside for pickup shall
be 50 pounds. Any garbage containers with garbage deposited therein,
in excess of 50 pounds, shall not be picked up, but left at curbside,
to be removed from curbside within 24 hours and disposed of by the
person responsible for garbage.
C.
All persons and/or entities required to have a dumpster
shall utilize a dumpster conforming to the size and specification
of the Building/Construction Department and/or Board of Health and
shall cause said dumpster to be privately emptied and/or removed according
to the time frame and schedule established by the Building/Construction
Department and/or Board of Health.
[Amended 12-17-1990 by Ord. No. BH:1-1990]
The provisions of this chapter shall be enforced
by the Board of Health or its enforcing official.
[Added 12-17-1990 by Ord. No. BH:1-1990; amended 4-28-2008 by Ord. No.
BH:7-2008]
Any person who violates or neglects to comply
with any provision of this chapter shall, upon conviction thereof,
be liable for a penalty not to exceed $2,000 for each violation or
for a term of imprisonment not to exceed 90 days or a period of community
service not to exceed 90 days.