[HISTORY: Adopted by the Township Council
of the Township of Franklin as indicated in article histories. Amendments
noted where applicable.]
[Adopted 2-23-1999 by Ord. No. 3033 (Ch.
167 of the 1990 Code)]
The following words and terms, when used in
this article, shall have the following meanings, unless the context
clearly indicates otherwise. Terms not defined in this article have
the same meanings as those defined in N.J.A.C. 7:29.
Any site preparation, assembly, erection, repair, alteration
or similar action, including demolition of buildings or structures.
Any dismantling, destruction or removal of buildings, structures,
or roadways.
The New Jersey Department of Environmental Protection.
As defined in NFPA 1123, large fireworks devices that are
explosive materials intended for use in fireworks displays and designed
to produce visible or audible effects by combustion, deflagration,
or detonation, as set forth in 27 CFR 555, 49 CFR 172, and APA Standard
87-1, Standard for the Construction and Approval for Transportation
of Fireworks, Novelties, and Theatrical Pyrotechnics.
[Added 3-28-2017 by Ord.
No. 4184-17]
Any work or action necessary to deliver essential public
service, 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.
Either a single pressure peak or a single burst (multiple
pressure peaks) that has a duration of less than one second.
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 of escaping gasses on equipment where such a
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.
A building which is both commercial (usually
on the ground floor) and residential property located above, behind,
below or adjacent.
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 a municipality
with a department-approved Noise Control Ordinance and the employee
has received noise enforcement training and is currently certified
in noise enforcement. The employee must be acting within his or her
jurisdiction and must be authorized to issue summons in order to be
considered a noise control officer.
[Amended 5-11-1999 by Ord. No. 3046]
Any sound that can be detected by a person using his or her
unaided hearing facilities. 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 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.
[Amended 5-11-1999 by Ord. No. 3046]
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:
The imaginary line, including its vertical extension,
that separates one parcel of real property from another;
The vertical and horizontal boundaries of a
dwelling unit that is part of a multi-dwelling-unit building; or
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).
An audible sound from a fireworks device or shell.
[Added 3-28-2017 by Ord.
No. 4184-17]
A fireworks device or shell designed to produce an explosive
sound as its primary effect.
[Added 3-28-2017 by Ord.
No. 4184-17]
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 Friday at 6:00 p.m. and ending on the following
Monday at 7:00 a.m.
A.
This article applies to sound from the following property
categories:
C.
Sound from stationary emergency signaling devices
shall be regulated in accordance with N.J.A.C. 7:29-1.3, except that
the testing of the electromechanical functioning of a stationary emergency
signaling device shall not meet or exceed 10 seconds.
A.
Findings.
[Amended 5-11-1999 by Ord. No. 3046]
(1)
Whereas, excessive sound is a serious hazard to the
public health, welfare, safety, and the quality of life; and
(2)
Whereas, a substantial body of science and technology
exists by which excessive sound may be substantially abated; and
(3)
Whereas, the People have a right to, and should be
assured of, an environment free from excessive sound;
(4)
Now, therefore, it is the policy of Franklin Township
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 sources within Franklin Township, Somerset County.
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 are 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 in N.J.A.C. 7:29-2 except that interior sound level measurements shall also conform to the procedures set forth in § 167-5B 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 Franklin Township and cooperate with all other public bodies and
agencies to the extent practicable.
(2)
Review the actions of Franklin Township 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 § 167-7 below.
[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.
[Amended 5-11-1999 by Ord. No. 3046]
A.
No person shall cause, suffer, allow, or permit the operation of any source of sound on any source property listed in § 167-2A 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 when measured at or within the real property line of any of the receiving properties listed in Tables I and II[1] 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 multi-dwelling-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 multi-dwelling-unit building. The allowable sound
level standards for indoors are as shown in Tables I and II.
D.
Impulsive sound. Between 7:00 a.m. and 10:00 p.m.,
impulsive sound shall not exceed 80 decibels. Between 10:00 p.m. and
7:00 a.m., impulsive sound which occurs less 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 impulsive
sound and shall meet the requirements as shown in Table I.
A.
Exemptions.
B.
Notwithstanding the provisions of Tables I and II,[1] the following standards shall apply to the activities
or sources of sound set forth below:
(1)
Noncommercial or nonindustrial power tools and landscaping
and yard maintenance equipment 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 and II. All motorized equipment used
in these activities shall be operated with a muffler. At all other
times, the limits set forth in Tables I and II do not apply to noncommercial
or nonindustrial power tools and landscaping and yard maintenance
equipment.
(2)
Commercial and industrial power tools and landscaping
and yard maintenance equipment, excluding emergency work, shall not
be operated on a residential property or within 250 feet of a residential
property line when operated on commercial or industrial property,
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 or federal holidays,
unless such activities can meet the limits set forth Tables I and
II. In addition, commercial or industrial power tools and landscaping
and yard maintenance equipment, excluding emergency work, utilized
on commercial or industrial property shall meet the limits set forth
in Tables I and II between the hours of 10:00 p.m. and 7:00 a.m. All
motorized equipment used in these activities shall be operated with
a muffler. At all other times, the limits set forth in Tables I and
II do not apply to commercial and industrial power tools and landscaping
and yard maintenance equipment.
[Amended 5-11-1999 by Ord. No. 3046]
(3)
Construction and demolition activity, excluding emergency
work, shall not be performed between the hours of 6:00 p.m. and 7:00
a.m. 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 and II. All motorized equipment used
in construction and demolition activity shall be operated with a muffler.
At all other times, the limits set forth in Tables I and II do not
apply to construction and demolition activities.
(4)
Motorized snowblowers, snow throwers, and lawn equipment
with attached snowplows shall be operated at all times with a muffler.
At all times, the limits set forth in Table I and II do not apply.
(5)
Electric
generators shall be operated at all times with a muffler. At times
when electric power is interrupted for reasons beyond the control
of the property owner/tenant, the limits set forth in Tables I and
II do not apply. At all other times, electric generators shall not
be operated between the hours of 6:00 p.m. and 7:00 a.m. weekdays,
or between the hours of 6:00 p.m. and 9:00 a.m. on weekends and federal
holidays.
(7)
On any nonresidential property, or part therof, that has frontage on a roadway covered by the Scenic Corridor Ordinance, as defined by § 112-201 of this Code, and is immediately adjacent to or across a public roadway from a developed residential property in a residential zone, loading and unloading: loading, unloading, opening, closing or other handling of boxes, crates, containers, equipment, building materials, liquids, or the loading or unloading of bulk materials in liquid, gaseous, powder or pellet form is prohibited between the hours of 10:00 p.m. and 7:00 a.m. the following day on weekdays and between the hours of 8:00 p.m. and 9:00 a.m. the following day on weekends or federal holidays. Truck access to loading and unloading facilities covered by this section shall be restricted during the time outlined herein by the installation of a fence and a gate. Said gate shall remain closed during prohibited hours to keep trucks out of the facility.
[Added 6-13-2023 by Ord. No. 4413-23]
(8)
The operation of equipment or vehicles which utilize backup beepers is prohibited on any property, or part therof, that has frontage on a roadway covered by the Scenic Corridor Ordinance, as defined by § 112-201 of this Code, and is immediately adjacent to or across a public roadway from a developed residential property in a residential zone between the hours of 10:00 p.m. and 7:00 a.m. the following day on weekdays and between the hours of 8:00 p.m. and 9:00 a.m. the following day on weekends or federal holidays.
[Added 6-13-2023 by Ord. No. 4413-23]
[1]
Editor's Note: Tables I and II are included as attachments to this chapter.
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 in N.J.A.C.
7:29-1.6. The recipient of an enforcement document shall be entitled
to a hearing in the Municipal Court having jurisdiction to contest
such action.
B.
Any person who violates any provision of this article
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.
[Amended 10-9-2018 by Ord. No. 4243-18]
C.
No provision of this article shall be construed to
impair any common law or statutory cause of action, or legal remedy
therefrom, or any person for injury or damage arising from any violation
of this article or from other law.
[Adopted 4-13-1999 by Ord. No. 3036 (§ 169-12
of the 1990 Code)]
The following standards shall apply to the activities
or sources of sound set forth below:
A.
An exterior burglar alarm 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 impulsive sound after it has been activated.
B.
Personal or commercial vehicular music amplification
or reproduction equipment shall not be operated in such a manner that
is plainly audible at a residential property line between the hours
of 10:00 p.m. and 8:00 a.m.
C.
Personal vehicular music amplification equipment shall
not be operated 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.
D.
Self-contained, portable, hand-held music or sound
amplification or reproduction equipment 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 shall not be plainly
audible by any person other than the operator.
E.
Fireworks displays. In addition to complying with all of the requirements
of the State of New Jersey Department of Labor and the New Jersey
State Uniform Fire Code,[1] all private fireworks displays in Franklin Township must
comply with this chapter regarding the noise from the display.
[Added 3-28-2017 by Ord.
No. 4184-17]
(1)
Fireworks
displays are not permitted to contain any devices or shells that contain
reports.
(2)
Fireworks
displays are not permitted to have a salute in the display.
(3)
Fireworks
displays must be between the hours of 9:00 a.m. and 10:00 p.m.
[1]
Editor’s Note: See N.J.A.C. 5:70-1 et seq.
For the purposes of § 167-8 above, the following words and terms shall have the following meanings:
Any sound that can be detected by a person using his or her
unaided hearing facilities. 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 enforcing
officer need not determine 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:
The imaginary line, including its vertical extension,
that separates one parcel of real property from another;
The vertical and horizontal boundaries of a
dwelling unit that is part of a multi-dwelling-unit building; or
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).
The provisions of § 167-8 shall be enforced by the Department of Police and/or the Department of Health.
Any person who violates any provision of this
article shall be subject 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.
