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 of, an environment free from excessive sound; now,
therefore, it is the policy of the Township of Pemberton to prevent
excessive sound that may jeopardize the health, welfare, or safety
of the citizens or degrade the quality of life. This article shall
apply to the control of sound originating from sources within the
Township of Pemberton.
A.
The provisions of this article shall be enforced by Noise Control
Officers. A person shall be qualified to be a Noise Control Officer
if the person meets the criteria set forth in the definition above
and completes, at a frequency specified by the Department in N.J.A.C.
7:29-2.11, a noise certification and recertification course which
is offered by the Department of Environmental Sciences of Cook College,
Rutgers, the State University of New Jersey or any other noise certification
or recertification course which is offered by an accredited university
and approved by the Department.
B.
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 with the procedures set forth in § 132-5B and C of this article and with the definition of "real property line" as contained herein.
C.
Noise Control Officers shall have the power to:
(1)
Coordinate the noise control activities of all departments in the
Township of Pemberton and cooperate with all other public bodies and
agencies to the extent practicable;
(2)
Review the actions of the Township of Pemberton 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
article;
(4)
Investigate and pursue possible violations of this article for sound
levels which equal or exceed the sound levels set forth in Tables
I and II,[1] when measured at a receiving property located within the designated jurisdiction of the Noise Control Officer, in accordance with § 132-7 below; and
[1]
Editor's Note: Tables I and II are included as attachments to this chapter.
(5)
Cooperate with Noise Control Officers of adjacent municipalities
in enforcing one another's municipal noise ordinances.
A.
No person shall cause, suffer, allow, or permit the operation of any source of sound on any source property listed in § 132-2A above in such a manner as to create a sound level that equals or exceeds the sound level limits set forth in Tables I and II[1] when measured at or within the real property line of any of the receiving properties listed in Tables I and II, except as specified in Subsection B below.
[1]
Editor's Note: Tables I and II are included as attachments to this chapter.
B.
When measuring total sound or residual sound within a multi-use property,
or within a residential unit when the property line between it and
the source property is a common wall, all exterior doors and windows
shall be closed and the measurements shall be taken in the center
of the room most affected by the noise. Residual sound shall be measured
in accordance with N.J.A.C. 7:29-2.9(b)2. When measuring total sound
or residual sound, 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.
C.
Indoor measurements shall only be taken if the sound source is on
or within the same property as the receiving property, as in the case
of a multi-use property (e.g., sound generated within a commercial
unit of a multi-use property building and received within a residential
unit of the same building) or multidwelling-unit building. In addition,
indoor measurements shall be taken if the property line between the
receiving property and the source property is a common wall, such
as in a multidwelling-unit building. The allowable sound level standards
for indoors are as shown in Tables I and II.
D.
Impulsive sound. Impulsive sound shall not equal or exceed 80 decibels
at all times.
A.
In accordance with N.J.A.C. 7:29-1.5, the provisions of this article
shall not apply to the following noise sources:
(1)
Agricultural activities;
(2)
Bells, chimes or carillons, which may include electronic devices
that imitate the sounds of bells, chimes or carillons, while being
used in conjunction with religious services;
(3)
Emergency energy release devices;
(4)
When public health or safety is involved, emergency work to provide
electricity, water, or other public utilities; to conduct emergency
construction or demolition work; to make emergency repairs to public
roadways or bridges; to address emergency incidents such as the cleanup
of spills of hazardous materials; or upon written approval of the
authorized enforcement agency, to utilize sound producing devices
to relocate wildlife;
(5)
Motor vehicle racetrack facilities engaged in the racing of motor
vehicles;
(6)
National Warning System (NAWAS): systems used to warn the community
of attack or imminent public danger such as flooding or explosion.
These systems are controlled by the New Jersey Department of Law and
Public Safety;
(7)
Noise of aircraft flight operations;
(8)
Public celebrations that are government-sponsored or government-permitted
events;
(9)
Public roadways;
(10)
Surface carriers engaged in commerce by railroad when the noise
sources in question are trains in motion, operating retarders, train
horns and whistles, or performing locomotive load test cell stands:
(11)
The unamplified human voice;
(12)
Use of explosive devices. These are regulated by the New Jersey
Department of Labor and Workforce Development under the 1960 Explosive
Act (N.J.S.A. 21:1A-1 to 21:1A-21);
(13)
Normal operation of a handgun, rifle, shotgun, skeetshooting
or trapshooting range which has been maintained continuously in the
same location since January 24, 1972; or
(14)
Emergency electricity generators at an industrial, commercial,
or community service facility in use during an electrical outage.
A.
Violation of any provision of this article shall be cause for an
enforcement document to be issued to the violator by the Noise Control
Officer according to procedures set forth at N.J.A.C. 7:29-1.7. The
recipient of an enforcement document shall be entitled to a hearing
in a municipal court having jurisdiction to contest such action.
B.
Any person who violates any provision of this article shall be subject
upon order of a court to a civil penalty for each offense of not more
than $3,000. If the violation is of a continuing nature, each day
during which it occurs shall constitute an additional, separate, and
distinct offense.
C.
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.
A.
If any provision or portion of a provision of this article 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 ordinance shall not be invalidated.
B.
All ordinances or parts of ordinances which are inconsistent with
any provisions of this article are hereby repealed as to the extent
of such inconsistencies.
