[HISTORY: Adopted by the City Council of
the City of Paterson 1-22-1991 by Ord. No. 91-006; amended in its entirety 5-9-2017 by Ord. No. 17-041. Subsequent amendments noted where applicable.]
It is the policy of the City of Paterson to prevent excessive
sound, which may jeopardize the health, welfare or safety of its citizens
or degrade the quality of life.
This chapter shall apply to the control of sound originating
from sources within the City of Paterson.
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.
Any premises, property or facility involving traffic in goods
or furnishing of services for sale or profit, including but not limited
to:
Banking and other financial institutions;
Dining establishments;
Establishments for providing retail services;
Establishments for providing wholesale services;
Establishments for recreation and entertainment;
Office buildings;
Transportation;
Warehouses; and
Establishments providing living accommodations which exceed
six dwelling units, including, but not limited to, apartments, co-ops,
hotels, motels, and dormitories, when they are the source of the sound
that is being investigated and the source of sound is a heating, air-conditioning,
pool filter unit or system, or outdoor amplified sound system.
Any nonresidential facility used to provide service to the
public, including but not limited to:
Club meeting halls, offices and facilities;
Organization offices and facilities;
Facilities for the support and practice of religion;
Private and parochial schools;
Hospitals;
Offices and buildings of agencies or instrumentalities of government;
and
Maintenance centers (such as Department of Public Works facilities).
Any site preparation, assembly, erection, repair, alteration,
or similar action of buildings or structures.
Sound that is measured by the slow response setting of a
sound-level meter in accordance with the provisions of N.J.A.C. 7:29-2,
and which lasts one second or longer. Impulsive sounds that are rapidly
repetitive and have a duration of one second or longer shall be measured
as continuous airborne sound.
The abbreviation designating the unit of sound level as measured
by a sound-level meter using the A-weighting.
The practical unit of measurement for sound pressure level;
the number of decibels of a measured sound is equal to 20 times the
logarithm to the base 10 of the ratio of the sound pressure of the
measured sound to the sound pressure of a standard sound (20 micropascals);
abbreviated "dB."
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.
The number of sound pressure oscillations per second expressed
in hertz; abbreviated "Hz."
Either a single pressure peak or a single burst (multiple
pressure peaks) that has a duration of less than one second.
Any facility, whether public or private, and its related
premises, property, or equipment involving:
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, they are knowledgeable
about their 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 must 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 individual, public or private corporation, political
subdivision, governmental agency, department or bureau of the state,
municipality, industry, or association, including condominium or co-op
associations, limited liability corporations, and partnerships and
limited liability partnerships.
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 similar place that is owned or controlled by a governmental entity.
Any real property or structure thereon which is 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).
Property used for human habitation, unless the habitation
is a condition of employment, including but not limited to:
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.
An instrument for the measurement of sound levels as specified
in N.J.A.C. 7:29-2.6(a)1, which provisions are incorporated herein
by reference.
Any device, excluding those attached to motor vehicles, used
to alert local persons engaged in local emergency operations. These
include, but are not limited to, firefighters, first aid squad members
and law enforcement officers, whether paid or volunteer.
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.
The Director of the Division of Health shall:
(1)
Review the actions of all municipal departments and advise such departments
of the effect, if any, of such actions on noise control.
(2)
Coordinate the noise control activities of all municipal departments
and cooperate with all other public bodies and agencies to the extent
practicable.
(3)
Review public and private projects, subject to mandatory review or
approval by other departments, for compliance with this chapter.
(4)
Administer noise program grants and other funds and gifts from public
and private sources, including the state and federal governments.
(5)
Conduct or cause to be conducted research, monitoring and other studies
related to sound.
(6)
Conduct programs of public education regarding the cause, effects
and general methods of abatement and control of noise and the actions
prohibited by this chapter and the procedures for reporting violations.
B.
Applicable property categories.
(1)
This chapter applies to sound from the following property categories:
(2)
This chapter 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.
[Amended 3-10-2020 by Ord. No. 20-013]
A.
Except as provided in §§ 337-10 and 337-11 below, the provisions of this chapter shall not apply to the exceptions listed at N.J.A.C. 7:29-1.5. These exemptions are set forth below:
(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;
(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.
B.
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.
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.
D.
Both NCIs and NCOs shall include the Department of Health and Human
Services and the Paterson Police Department.
A.
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 B and with the definition of "real property line" as contained herein.
B.
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).
C.
Measurements shall not be taken in areas which receive only casual
use, such as hallways, closets and bathrooms.
A.
No person shall cause, suffer, allow, or permit the operation of any source of sound on any source property listed in § 337-4B(1) above 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 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 § 337-7B.
B.
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.
|
Table I
| |||
|---|---|---|---|
|
Maximum Permissible A-Weighed Sound Levels When Measured Outdoors
| |||
|
Receiving Property Category
|
Residential Property or Residential Portion of a Multi-Use Property
|
Residential Property or Residential Portion of a Multi-Use Property
|
Commercial Public Service Facility, Nonresidential Portion of
a Multi-Use Property, or Community Service Facility
|
|
Time
|
7:00 a.m. to 10:00 p.m.
|
10:00 p.m. to 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
| |
|
Time
|
7:00 a.m. to 10:00 p.m.
|
10:00 p.m. to 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.
|
|
Table III
| ||||||
|---|---|---|---|---|---|---|
|
Maximum Permissible Octave Band Sound Pressure Levels in Decibels
| ||||||
|
Receiving Property Category
|
Residential Property or Residential Portion of a Multi-Use Property
(outdoors)
|
Residential Property, or Residential Portion of a Multi-Use
Property
(indoors)
|
Commercial Facility, Public Service Facility, Nonresident- ial
Portion of a Multi-use Property, or Community Service Facility
(outdoors)
|
Commercial Facility or Nonresident- ial Portion of a Multi-Use
Property
(indoors)
| ||
|
Octave Band Center Frequency Level, Hz
|
Octave Band Sound Pressure Level, dB
|
Octave Band Sound Pressure Level, dB
|
Octave Band Sound Pressure Level, dB
|
Octave Band Sound Pressure Level, dB
| ||
|
Time
|
7:00 a.m. to 10:00 p.m.
|
10:00 p.m. to 7:00 a.m.
|
7:00 a.m. to 10:00 p.m.
|
10:00 p.m. to 7:00 a.m.
|
24 hours
|
24 hours
|
|
31.5
|
96
|
86
|
86
|
76
|
96
|
86
|
|
63
|
82
|
71
|
72
|
61
|
82
|
72
|
|
125
|
74
|
61
|
64
|
51
|
74
|
64
|
|
250
|
67
|
53
|
57
|
43
|
67
|
57
|
|
500
|
63
|
48
|
53
|
38
|
63
|
53
|
|
1,000
|
60
|
45
|
50
|
35
|
60
|
50
|
|
2,000
|
57
|
42
|
47
|
32
|
57
|
47
|
|
4,000
|
55
|
40
|
45
|
30
|
55
|
45
|
|
8,000
|
53
|
38
|
43
|
28
|
53
|
43
|
|
Note: When octave measurements are made, the sound from the
source must be constant in level and character. If octave band sound
pressure level variations exceed plus or minus 2 dB in the bands containing
the principal source frequencies, discontinue the measurement.
|
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 § 337-7B of this chapter. 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
| |
|
Weeknights 10:00 p.m. to 8:00 a.m.
Weekend nights 11:00 p.m. to 9:00 a.m.
|
All Other Times
|
|
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 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.
F.
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.
G.
Animal noise.
(1)
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:
(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)
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.
A.
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.
B.
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.
C.
Personal or commercial vehicular music amplification or reproduction
equipment shall not be operated in such a manner that it is plainly
audible at distance 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.
A.
Violation of any provision of this chapter 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.
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 December 2014.
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 in § 337-3 of this chapter), an 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 of the City
of Paterson. 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.
E.
If the violation is deemed by the Noise Control Officer or Noise
Control Investigator to be a non-minor violation, the violator shall
be notified that if the violation is not immediately corrected, an
NOPA 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 December 2014,
will be issued. If a non-minor violation is immediately corrected,
an 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), an NOPA 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 NOPA shall be issued.
G.
The recipient of an NOPA 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 NOPA issued.
I.
Any claim for a civil penalty may be compromised and settled based
on the following factors:
