The following words and terms, when used in this ordinance,
shall have the following meanings, unless the context clearly indicates
otherwise. Terms not defined in this ordinance 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, including demolition of buildings or structures.
CONTINUOUS AIRBORNE SOUND
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.
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 to 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.
IMPULSIVE SOUND
Either a single pressure peak or a single burst (multiple
pressure peaks) that has a duration of less than one second.
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 of escaping gasses on equipment where such a
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, behind, below or adjacent.
NOISE CONTROL OFFICERS
An employee of. (1) 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 (2) 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 designated jurisdiction and must be authorized to issue
a summons in order to be considered a noise control officer.
PLAINLY AUDIBLE
Any sound that can be detected by a person using his or her
unaided hearing faculties. 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 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 nongovernmental
entity.
PUBLIC SPACE
Any real property or structures thereon that are owned, leased,
or controlled by a governmental entity.
REAL PROPERTY LINES
Either (a) the imaginary line including its vertical extension
that separates one parcel of real property from another; (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, 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).
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.
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 Town of Westfield to prevent
excessive sound that may jeopardize the health, welfare, or safety
of the citizens or degrade the quality of life.
This ordinance shall apply to the control of sound originating
from sources within the Town of Westfield.