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 meaning
as those defined in N.J.A.C. 7:29.
CONSTRUCTION
Any site preparation, assembly, erection, repair, alteration
or similar action of buildings or structures.
dBC
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 dBC. The "C" weighting
network is more sensitive to low frequencies than is the "A" weighting
network.
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 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.
IMPULSIVE SOUND
Either a single pressure peak or a single burst (multiple
pressure peaks) that has a duration of less than one second.
MINOR VIOLATION
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.
MOTOR VEHICLE
Any vehicle that is propelled other than by human or animal
power on land.
MUFFLER
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.
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, 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
B.
A building, which is both commercial (usually on the ground
floor) and residential property, located above, below or otherwise
adjacent to.
NOISE CONTROL INVESTIGATOR (NCI)
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 his or her model noise ordinance and enforcement procedures.
A Noise Control Investigator for the Township of Greenwich may be
a police officer with the Township of Greenwich. The NCI may only
enforce sections of the chapter 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.
NOISE CONTROL OFFICER (NCO)
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.
PLAINLY AUDIBLE
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.
PRIVATE RIGHT-OF-WAY
Any street, avenue, boulevard, road, highway, sidewalk, alley
or easement that is owned, 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 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 multi-dwelling 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).
SOUND PRODUCTION DEVICE
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.
SOUND REDUCTION DEVICE
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.
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.
WEEKENDS
Beginning on Friday at 6:00 p.m. and ending on the following
Monday at 7:00 a.m.
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 §
468-5B of this chapter. These sound level measurements shall be conducted with the sound level meter set for "C" weighting, "fast" response.
Table IV
|
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Maximum Permissible Increase in Total Sound Levels Within
a Residential Property
|
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Weeknights, 10:00 p.m. to 7:00 a.m.; Weekend Nights, 11:00
p.m. to 9:00 a.m.
|
All Other Times
|
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3 dB(C)
|
6 dB(C)
|
The following standards shall apply to the activities or sources
of sound set forth below:
A. 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 Tables I, II or III. At all other times the limits set forth
in Tables 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.
B. 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 Tables I,
II or III. At all other times the limits set forth in Tables 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.
C. 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 Tables I, II or III. At all other times the limits set forth
in Tables 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.
D. Motorized snow removal equipment shall be operated with a muffler
and/or a sound reduction device when being used for snow removal.
At all other times the limits set forth in Tables I, II or III do
not apply.
E. 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 Tables I, II or III do not
apply.
G. 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,
operated on a public space or public right-of-way, from such equipment
shall not be plainly audible at a distance of 25 feet in any direction
from the operator. The limits set forth in Tables I, II or III do
not apply.
[Amended 11-21-2016 by Ord. No. 15-2016]
H. Yelling, shouting, screaming and disturbing the peace. Yelling, shouting
or screaming, singly or in a group, except in the case of an emergency,
within the Township in such a manner as to disturb the peace, quiet
and comfort of the neighborhood is prohibited. The limits set forth
in Tables I, II or III do not apply.
[Amended 11-21-2016 by Ord. No. 15-2016]
I. Animals and birds.
[Amended 11-21-2016 by Ord. No. 15-2016]
(1) It shall be unlawful for any property owner or tenant to allow any
domesticated or caged animal or bird 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 section shall include but not be limited to:
(a)
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
(b)
Vocalizing for 20 minutes intermittently, defined as an average
of two vocalizations or more per minute in that period.
(2) The limits set forth in Tables I, II or III do not apply. It is an
affirmative defense under this subsection that the dog or other animal
was intentionally provoked to bark or make any other noise.
Violations of each subsection of this section shall be considered
purposeful and therefore non-minor violations.
C. Personal or commercial vehicular music amplification or reproduction
equipment shall not be operated in such a manner that it is plainly
audible at distances of 25 feet in any direction from the operator
between the hours of 10:00 p.m. and 8:00 a.m.
D. 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.
Where the owner of the particular sound production device, horn, animal, exhaust or other noise-creating device is unable to be determined or located, it shall be presumed that the owner or tenant in possession or other person having control of property from where the noise emanated has caused said noise or permitted or suffered it to be caused, and the owner of said property shall be responsible for the violation in accordance with §
468-8 and §
468-9 hereof.
[Amended 11-21-2016 by Ord. No. 15-2016]
A. Violation of any provision of this chapter shall be cause for a notice
of violation (NOV) or a municipal court summons (summons) to be issued
to the violator by the Noise Control Officer or Noise Control Investigator.
B. Any person who violates any provision of this chapter shall be subject
to a penalty for each offense of not more than the maximum penalty
pursuant to N.J.S.A. 40:49-5, which is $2,000, 90 days' imprisonment
and/or 90 days of community service, in the discretion of the sentencing
court. If the violation is of a continuing nature, each day during
which it occurs shall constitute an additional, separate, and distinct
offense.
C. Upon identification of a violation of this chapter, the Noise Control
Officer or Noise Control Investigator shall issue an enforcement document
to the violator, either an NOV or summons. The enforcement document
shall identify the condition or activity that constitutes the violation
and the specific provision of this chapter 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.
D. If the violation is deemed by the Noise Control Officer or Noise Control Investigator to be a minor violation (as defined in §
468-1 of this chapter), a NOV shall be issued to the violator.
(1) 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.
(2) 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.
F. 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 summons shall be issued.
G. The recipient of a summons shall be entitled to a hearing in a municipal
court having jurisdiction to contest such action.
H. 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 summons issued.
I. Any claim for a penalty may be compromised and settled based on the
following factors:
(1) Mitigating or any other extenuating circumstances;
(2) The timely implementation by the violator of measures which lead
to compliance;
(3) The conduct of the violator; and
(4) The compliance history of the violator.