[HISTORY: Adopted by the Township Committee
of the Township of Hanover as indicated in article histories. Amendments
noted where applicable.]
[Adopted 12-8-1966 by Ord. No. 12-66]
It is hereby found and declared that:
A.
The making and creation of loud, unnecessary and unusual
noises within the limits of the Township of Hanover is a condition
that has existed for some time, and the extent and volume of noises
is increasing.
B.
The making, creation or maintenance of loud, unnecessary,
unnatural or unusual noises which are prolonged, unusual and unnecessary
is a detriment to public health and the convenience, safety and welfare
of the residents of the Township of Hanover.
C.
The necessity in the public interest for the provisions
and prohibitions hereinafter contained and enacted is for the purpose
of serving and promoting the public health, comfort, convenience,
safety and welfare of the peace and quiet of the Township of Hanover
and its inhabitants.
It shall be unlawful for any person to make,
continue, permit or cause to be made or continued, any loud, unnecessary
or unusual noise that either annoys, disturbs, injures or endangers
the comfort, repose, health, peace or safety of others within the
limits of the Township.
The following acts are declared to be loud,
unnecessary and unusual noises in violation of this article:
A.
The sounding of any horn or signal device on any vehicle
of any type or description on any street or public place of this Township,
except as a danger warning; the creation of any unreasonably loud
or harsh sound by means of any signal device; and the sounding of
any such device for unnecessary or unreasonable periods of time, except
warnings required by emergency vehicles.
B.
Using, operating or permitting to be played any radio
set, television set, musical instrument, phonograph or other machine
or device producing or reproducing of sound in such a manner as to
disturb the peace, quiet and comfort of the neighbors. The operation
of any such sets, instruments, machines or devices between the hours
of 10:00 p.m. and 8:00 a.m., prevailing time, in such a manner as
to be plainly audible at a distance of 50 feet from the building or
vehicle in which it is located shall be prima facie evidence of a
violation of this section.
C.
Using, operating or permitting the use or operation
of the instruments set forth in the preceding subsection hereof for
the purpose of commercial advertising or attracting the attention
of the public to any building or structure.
D.
Yelling, shouting, hooting, whistling or singing on
the public streets or in any dwelling, which shall disturb the comfort
or repose of any person in the vicinity, between the hours of 10:00
p.m. and 8:00 a.m., prevailing time.
E.
The keeping of any animal or bird which, by causing
frequent or long constant noises, shall disturb the comfort or repose
of any person in the vicinity.
F.
The use of any vehicle or motorcycle, of any kind
whatsoever, in such a manner as to create unnecessary grinding, grating
or rattling noises or in such a manner, during acceleration, deceleration
or negotiating turning movements, as to cause a shrill, piercing or
screeching noise from the tires of said vehicle or motorcycle during
said acceleration, deceleration or turning movement or to create an
unnecessary noise by the use of loud or noisy mufflers on any said
vehicle or motorcycle.
G.
The creation of loud and excessive noises in the opening
or destruction of bales, boxes, crates and containers.
H.
I.
The creation of any excessive noise on any street
adjacent to any school, institution of learning, library, nursing
home, hospital, church or court while the same are in use or in any
residentially zoned properties.
[Amended 11-12-1987 by Ord. No. 31-87]
J.
The shouting and crying of peddlers, hawkers and vendors.[3]
[3]
Editor's Note: Former Subsection K, regarding the conducting
of business by retail sales or retail service establishments located
near residential property between 10:00 p.m. and 6:00 a.m., which
immediately followed this subsection, was repealed 9-9-2021 by Ord. No. 27-2021.
[Added 11-12-1987 by Ord. No. 31-87]
This article shall be enforced and summonses
shall be issued by the Police Department of the Township of Hanover
for any violations of this article.
[Amended 7-11-1991 by Ord. No. 16-91]
Any person who violates any provision of this
article shall, upon conviction thereof, be subject to a fine not exceeding
$1,000 or to imprisonment not exceeding 90 days, or both.
[Adopted 5-26-2016 by Ord. No. 17-16[1]]
[1]
Editor's Note: This ordinance superseded former Art. II, Noise
Control, adopted 10-9-1997 by Ord. No. 31-97.
As used in this chapter, the words and terms described below
shall have the following meanings, unless the context clearly indicates
otherwise. Terms not defined in this article have the same meaning
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.
The sound level as measured against 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 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 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
proceeding 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 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;
or
A building which is both commercial (usually on the ground floor)
and residential property located above, below or adjacent.
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/she is knowledgeable
about his/her 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(s) must be acting within his or
her designated jurisdiction and must be authorized to issue summons(es).
Any sound that can be detected by a NCO or NCI using his
or her unaided hearing faculties of normal acuity. 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 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 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). 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.
A.
It is the policy of the Township Committee of the Township of Hanover
to prevent excessive sound that may jeopardize the health, welfare
or safety of the citizens or degrade the quality of life.
B.
This chapter shall apply to the control of sound originating from
sources within the Township of Hanover.
(1)
This chapter applies to sound from the following property categories:
(2)
This article 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. 7:29-1.3, except that the testing of the
electromechanical functioning of a stationary emergency signaling
device shall not meet or exceed 10 seconds.
A.
Noise control officers shall have the authority within their designated
jurisdiction to investigate suspected violations of any section of
this chapter and pursue enforcement activities.
B.
Noise control investigators shall have the authority within their
designated jurisdiction to investigate suspected violations of any
section of this chapter 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.
C.
Noise control officers and investigators may cooperate with NCOs
and NCIs of an adjacent municipality in enforcing one another's municipal
noise ordinances.
A.
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 § 184-6B(1) of this chapter in such a manner as to create a sound level that equals or exceeds the sound level limits set forth in Tables I, II or III[1] when measured at or within the real property line of any of the receiving properties listed in Tables I, II or III except as specified in Subsection B(2) of this section.
[1]
Editor's Note: Tables I, II and III are included as attachments to this chapter.
(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 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 continuous sound
and shall meet the requirements as shown in Tables I and II.[2]
[2]
Editor's Note: Tables I and II are included as attachments to this chapter.
B.
Sound measurements.
(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 with the procedures set forth in Subsection A 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.
C.
Sound production devices.
(1)
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[3] when measured within the residence of a complainant according to the measurement protocol in Subsection B of this section. These sound level measurements shall be conducted with the sound level meter set for "C" weighting, "fast" response.
[3]
Editor's Note: Table IV is included as an attachment to this chapter.
A.
Exceptions.
(1)
Except as provided in Subsection B below, the provisions of this chapter shall not apply to the exceptions listed at N.J.A.C. 7:29-1.5.
(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.
(3)
Construction and demolition activities are exempt from the sound
level limits set forth in Tables I, II and III[1] except as provided for in Subsection B below.
[1]
Editor's Note: Tables I, II and III are included as attachments to this chapter.
B.
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 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 and III[2] All motorized equipment used in these activities shall
be operated with a muffler. At all other times, the limits set forth
in Tables I, II and III do not apply.
[2]
Editor's Note: Tables I, II and III are included as attachments to this chapter.
(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 Tables I,
II or III.[3] All motorized equipment used in these activities shall
be operated with a muffler and/or sound reduction device. At all other
times, the limits set forth in Tables I, II and III do not apply.
[3]
Editor's Note: Tables I, II and III are included as attachments to this chapter.
(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 Tables I, II or III.[4] All motorized equipment used in construction and demolition
activity shall be operated with a muffler and/or sound reduction device.
At all other times, the limits set forth in Tables I, II and III do
not apply.
[4]
Editor's Note: Tables I, II and III are included as attachments to this chapter.
(4)
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[5] do not apply.
[5]
Editor's Note: Tables I, II and III are included as attachments to this chapter.
(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 Tables I, II or III[6] do not apply.
[6]
Editor's Note: Tables I, II and III are included as attachments to this chapter.
(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,
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.
(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 section 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.
A.
Violation of any provision of this chapter shall be cause for a notice
of violation (NOV), notice of penalty assessment (NOPA), or other
enforcement document 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 civil penalty for each offense of not more than the maximum penalty
pursuant to N.J.S.A. 40:49-5, which is $2,000 as of April 2016. 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. 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 by § 184-5), a NOV, NOPA or other enforcement document shall be issued to the violator.
(1)
The document shall indicate that the purpose of the enforcement document
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 enforcement document 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 noise control
officer or noise control investigator. It shall be noted that the
enforcement document does not constitute a formal enforcement action,
a final agency action or a final legal determination that a violation
has occurred. Therefore, the enforcement document may not be appealed
or contested.
E.
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, an
enforcement document with a civil penalty of not more than the maximum
penalty allowed pursuant to N.J.S.A. 40:49-5, which is $2,000 as of
April 2016, will be issued. If a nonminor violation is immediately
corrected, an enforcement document without a civil penalty shall still
be issued to document the violation. If the violation occurs again
(within 12 months of the initial violation), an enforcement document
shall be issued regardless of whether the violation is immediately
corrected or not.
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, an enforcement document shall be issued.
G.
The recipient of an enforcement document 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 specific in the enforcement document.
I.
Any claim for a civil penalty may be compromised and settled based
on the following factors:
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 article shall not be invalidated.
B.
All ordinances or parts of ordinances which are inconsistent with
any provisions of this article are hereby repealed to the extent of
such inconsistencies.
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 chapter
or from other law.