[HISTORY: Adopted by the Board of Health of the Town of Westfield 6-7-1999.]
An Ordinance by the Board of Health of the Town of Westfield
entitled "A Model Ordinance as approved by the Department of Environmental
Protection, State of New Jersey Regulating Noise."
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.
Any site preparation, assembly, erection, repair, alteration
or similar action, including demolition 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.
Any dismantling, destruction or removal of buildings, structures,
or roadways.
The New Jersey Department of Environmental Protection.
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.
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;
or
A building, which is both commercial (usually on the ground
floor) and residential property, located above, behind, below or adjacent.
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.
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.
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 nongovernmental
entity.
Any real property or structures thereon that are owned, leased,
or controlled by a governmental entity.
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).
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.
This noise ordinance 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. 7:29-1.4, except that the testing of the
electromechanical functioning of a stationary emergency signaling
device shall not meet or exceed 10 seconds.
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.
A.
The provisions of this ordinance 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 re-certification 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 re-certification 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 at N.J.A.C. 7:29-2, except that the interior sound level measurements shall also conform with the procedures set forth in § BOH9-5B and C of this regulation 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 the
Town of Westfield and cooperate with all other public bodies and agencies
to the extent practicable;
(2)
Review the actions of the Town of Westfield 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
ordinance; and
(4)
Investigate and pursue possible violations of this ordinance for sound levels which equal or exceed the sound levels set forth in Tables I and II, when measured at a receiving property located within the designated jurisdiction of the noise control officer, in accordance with § BOH9-9 below.
(5)
Cooperate with noise control officers of adjacent municipalities
in enforcing one another's municipal noise ordinances.
A.
No person shall cause, suffer, allow, or permit the operation of any source of sound on any source property listed in § BOH0-2A 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, except as specified in Subsection B below.
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. 7:292.9(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 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 an continuous
airborne sound and shall meet the requirements as shown in Table I.
A.
No person shall cause, suffer, allow, or permit the operation of any source of Sound on any source property listed in § BOH9-2A above in such a manner as to create a sound level that equals or exceeds the sound levels listed below.
Outdoors
| |||
---|---|---|---|
Receiving Property Category
|
Residential property, or residential portion of a multi-use
property
|
Commercial facility, public service facility, non-residential
portion of a multi-use property, or community service facility
| |
Time
|
7:00 a.m.-10:00 p.m.
|
10:00 p.m.-7:00 a.m.
|
24 hours
|
Maximum A-Weighted sound Level standard dB
|
65
|
50
|
65
|
Indoors
| |||
---|---|---|---|
Receiving residential Property Category
|
Residential property, or residential portion of a multi-use
property
|
Commercial facility, *or nonportion of a multi-use property
| |
Time
|
7:00 a.m.-10:00 p.m.
|
10:00 p.m.-7:00 a.m.
|
24 hours
|
Maximum A-Weighted sound Level standard dB
|
55
|
40
|
55
|
*
|
In those instances when a commercial facility shares a common
wall/ceiling/floor with another commercial facility that is producing
the sound.
|
A.
No person shall cause, suffer, allow, or permit the operation of any source of sound on any source property listed in § BOH9-2A above in such a manner as to create a sound pressure level that equals or exceeds the sound levels listed below in one or more octave bands.
B.
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.
Receiving Property
|
Residential property, or residential portion of a multi-use
property
|
Residential property, or residential portion of a multi-use
property
|
Commercial facility, public service facility, non-residential
portion of a multi-use property, or community service facility
|
Commercial facility*, or non-residential portion of a multi-use
property
| ||
---|---|---|---|---|---|---|
Outdoors
|
Indoors
|
Outdoors
|
Indoors
| |||
Octave Band Center
|
Octave Band Sound Pressure Level,
|
Octave Band Sound Pressure Level,
|
Octave Band Sound Pressure Level,
|
Octave Band Sound Pressure Level,
| ||
Frequency, HZ.
|
dB
|
dB
|
dB
|
dB
| ||
Time
|
7:00 a.m.-10:00 p.m.
|
10:00 p.m.-7:00 a.m.
|
7:00 a.m.-10:00 p.m.
|
10:00 p.m.-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
|
6
|
45
|
50
|
35
|
6
|
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
|
*
|
In those instances when a commercial facility shares a common
wall/ceiling/floor with another commercial facility that is producing
the sound.
|
A.
Applicability.
B.
Notwithstanding the provisions of Tables I and II, the following
standards shall apply to the activities or sources of sound set forth
below:
(1)
Non-commercial or non-industrial 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 non-commercial
or non-industrial power tools and landscaping and yard maintenance
equipment;
(2)
Commercial or 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 in 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 or industrial power tools and landscaping
and yard maintenance equipment;
(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. 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 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 Tables I and II do not apply;
(5)
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. At all times, the limits
set forth at Tables I and II do not apply;
(6)
Personal or commercial vehicular music amplification or reproduction
equipment shall not be operated in such a manner that it is plainly
audible at a residential property line between the hours of 10:00
p.m. and 8:00 a.m.;
(7)
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.;
(8)
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;
A.
Violation of any provision of this ordinance shall be cause for an
enforcement document to be issued to the violator by the noise control
officer according to procedures set forth at N.J.A.C. 7:29-1.7. The
recipient of an enforcement document shall be entitled to a hearing
in Municipal Court having jurisdiction to contest such action.
B.
Any person who violates any provision of this ordinance 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.
C.
No provision of this ordinance shall be construed to impair any common
law or statutory cause of action, or legal remedy, from any person
for injury or damage arising from any violation of this ordinance
or from other law.
A.
If any provision or portion of a provision of this Ordinance 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 Ordinance shall not be invalidated.
B.
All Ordinances or parts of Ordinances, which are inconsistent with
any provisions of this Ordinance, are hereby repealed as to the extent
of such inconsistencies.