[Ord. No. 604-04 § 3A-1]
This section may be cited as the "Noise Control Regulations
of the City of Wildwood."
[Ord. No. 604-04 § 1]
Whereas excessive sound and vibration are a serious hazard to
the public health and welfare, safety, and the quality of life; and
technology exists by which excessive sound and vibration may be substantially
abated; and whereas the people have a right to and should be ensured
an environment free from excessive sound and vibration that may jeopardize
their health or welfare or safety or degrade the quality of life;
it is the policy of the City to prevent excessive sound and vibration
which may jeopardize the health and welfare or safety of its citizens
or degrade the quality of life.
[Ord. No. 604-04 § 2]
This section shall apply to the control of all sound and vibration
originating within the limits of the City.
[Ord. No. 604-04 § 3A-3]
Shall mean a duly authorized individual or corporate officer
designated by the owner.
Shall mean a group of commercial facilities and the abutting
public rights-of-way and public spaces.
Shall mean any premises, property or facility involving traffic
in goods or furnishing of services for sale or profit, including but
not limited to:
Shall mean any site preparation, assembly, erection, repair,
alteration or similar action, but excluding demolition of buildings
or structures.
Shall mean 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 ten of the ratio of the sound pressure of
the measured sound to the sound of a standard sound (20 micropascals):
abbreviated dB.
Shall mean any dismantling, intentional destruction, or removal
of buildings or structures.
Shall mean any work or action necessary to 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, or abating life-threatening
conditions.
Shall mean any activity and its related premises, property,
facilities, or equipment involving the fabrication, manufacture, or
production of durable or nondurable goods.
Shall mean any vehicle that is propelled or drawn on land
by an engine or motor.
Shall mean a sound dissipating device or system for abating
the sound of escaping gases of an internal combustion engine.
Shall mean any building wherein there are more than two dwelling
units.
Shall mean any sounds of such level and duration as to be
or tend to be injurious to human health or welfare, or which would
unreasonably interfere with the enjoyment of life or property throughout
the city or in any portions thereof, but excludes all aspects of the
employer-employee relationship concerning health and safety hazards
within the confines of a place of employment.
Shall mean the Wildwood Chief of Police, who is designated
as the official liaison with all municipal departments, empowered
to grant permits for variances.
Shall mean Police Officers of the City and licensed Code
Enforcement Officers who are employees of the City.
Shall mean any sound that:
Shall mean an area in the City of Wildwood where, because
of the history of repeated or continuous noise violations occurring
in the area, the Board of Commissioners, by ordinance, adopts a special
enforcement area with clearly marked boundaries established by signs,
in which the penalties for violations of noise regulations shall be
doubled.
Shall mean any individual, corporation, company, association,
society, firm, partnership, joint stock company, the State or any
political subdivision, agency or instrumentality of the State.
Shall mean any street, avenue, boulevard, road, highway,
sidewalk or alley that is leased, owned or controlled by a governmental
entity.
Shall mean any real property or structures thereon that are
owned, leased, or controlled by a governmental entity.
Shall mean either:
Shall mean a property used for human habitation, including
but not limited to:
Shall mean a group of residential properties and the abutting
public rights-of-way and public spaces.
Shall mean the sound pressure level measured in decibels
with a sound level meter set for A-weighting; sound level is expressed
in dBA.
Shall mean an instrument used to measure sound level and
which conforms to Type 1 or Type 2 standards as specified by ANSI
specifications S1.4-1971.
Shall mean any day, Monday through Friday, that is not a
legal holiday.
[Ord. No. 604-04 § 3A-4.2]
a.Â
The provisions of this section shall be enforced by any aggrieved
citizen, agent or employee of the city by the noise control officers.
b.Â
The noise control administrator shall have the power to:
1.Â
Coordinate the noise control activities of all municipal departments
and cooperate with all other public bodies and agencies to the extent
practicable;
2.Â
Review the actions of other municipal departments and advise such
departments of the effect, if any, of those actions on noise control;
3.Â
Review public and private projects, subject to mandatory review or
approval by other departments or boards, for compliance with this
section.
c.Â
A person shall be qualified to be a noise control officer as defined in Section 3A-3 if the person has satisfactorily completed any of the following:
1.Â
"Community Noise—A Short Course" offered by the Department
of Environmental Science of Cook College, Rutgers, the State University;
or
2.Â
A program of tutoring and the on-the-job training offered by the
New Jersey Department of Environmental Protection, Office of Noise
Control, to its employees; or
3.Â
Education or experience or a combination thereof certified by the
above department as equivalent to the provisions of paragraph c1 or
2 of this subsection.
d.Â
Noise measurements made by noise control officers shall be taken
according to procedures specified by N.J.A.C. 7:29B, except as provided
in subsection 3A-6.1.
[Ord. No. 604-04 § 3A-5]
a.Â
All departments and agencies of the city shall carry out their programs
according to law and shall cooperate with the noise control administrator
in the implementation and enforcement of this section.
b.Â
All departments charged with new projects or changes to existing
projects that may result in the production of noise shall consult
with the noise control administrator prior to the approval of such
projects to insure that such activities comply with the provisions
of this section.
[Ord. No. 604-04 § 3A-6]
a.Â
No person shall cause, suffer, allow, or permit the operation of
any source of sound on a particular category of property or any public
space or right-of-way in such a manner as to create a sound level
that exceeds the particular sound level limits set forth in Table
I when measured at or within the real property line of the receiving
property except as provided in paragraph 1 below. A sound level in
excess of Table I shall create a presumption of a violation of this
section.
1.Â
When measuring noise within a dwelling unit of a multi-dwelling building,
all exterior doors and windows shall be closed and the measurements
shall be taken in the center of the room.
|
Table I
Maximum Permissible Sound Levels by Receiving Property Category,
in DBA
| ||||||
|---|---|---|---|---|---|---|
|
Receiving Property Category
| ||||||
|
Sound Source Property Category
|
Another Dwelling-Within a Residential Commercial Industrial
Multi-Dwelling-Unit Building
| |||||
|
7 a.m. to 10 p.m.
|
10 p.m. to 7 a.m.
|
7 a.m. to 10 p.m.
|
10 p.m. to 7 a.m.
|
All Times
|
All Times
| |
|
Any location within a multi-dwelling-unit building
|
45
|
40
|
55
|
50
|
65
|
75
|
|
Residential
|
55
|
50
|
65
|
75
| ||
|
Commercial or public spaces or rights-of-way
|
65
|
50
|
65
|
75
| ||
|
Industrial
|
65
|
50
|
65
|
75
| ||
b.Â
The following are exempt from the sound level limits of Table I.
1.Â
Noise from domestic power tools, lawn mowers, and agricultural equipment
when operated with a muffler between the hours of 8:00 a.m. to 8:00
p.m. on weekdays and 9:00 a.m. to 8:00 p.m. on weekends and legal
holidays, provided they produce less than 85 dBA at or within any
real property line of a residential property;
2.Â
Sound from church bells and church chimes when a part of a religious
observance or service;
3.Â
Noise from construction activity provided all motorized equipment
used in such activity is equipped with functioning mufflers;
4.Â
Noise from snowblowers, snow throwers, and snow plows when operated
with a muffler for the purpose of snow removal;
5.Â
Noise from stationary emergency signaling devices that conform with
the provisions of N.J.A.C. 7:29;
6.Â
Noise from an exterior burglar alarm of any building or motor vehicle,
provided such burglar alarm shall terminate its operation within ten
minutes after it has been activated.
[Ord. No. 604-04 § 3A-7; Ord. No. 627-05 § 1; Ord. No. 833-10]
a.Â
No person shall cause, suffer, allow, or permit to be made verbally
or mechanically any noise disturbance. Noncommercial public speaking
and public assembly activities conducted on any public space or public
right-of-way shall be exempt from the enforcement of this subsection.
b.Â
No person shall cause, suffer, allow, or permit the following acts:
1.Â
Sound Reproduction Systems. Operating, playing, or permitting the
operation or playing of any radio, television, phonograph, or similar
device that reproduces or amplifies sound in such a manner as to create
a noise disturbance for any person other than the operator of the
device;
2.Â
Loudspeakers and Public Address Systems. Using or operating of any
loudspeaker, public address system, or similar device between the
hours of 10:00 p.m. and 8:00 a.m. of the following day, such that
the sound therefrom creates a noise disturbance across a residential
real property line;
3.Â
Animals and Birds. Owning, possession, or harboring any pet animal
or pet bird that frequently or for continued duration, makes sounds
that create a noise disturbance across a residential real property
line (for purpose of this subsection, a noise disturbance from a barking
dog continually for ten minutes or intermittently for 30 minutes unless
provoked);
4.Â
Loading and Unloading. Loading, unloading, opening, closing or other
handling of boxes, crates, containers, building materials, liquids,
garbage cans, refuse or similar objects, or the pneumatic or pumped
loading or unloading of bulk materials in liquid, gaseous, powder,
or pellet form, or the compacting of refuse by persons engaged in
the business of scavenging or garbage collection, whether private
or municipal, between the hours of 10:00 p.m. and 6:00 a.m. the following
day when the latter is a weekday and between the hours of 10:00 p.m.
and 6:00 a.m. the following day when the latter is a legal holiday
or a weekend day except by permit, when the sound therefrom creates
a noise disturbance across a residential real property line;
5.Â
Standing Motor Vehicles. Operating or permitting the operation of
any motor vehicle whose manufacturer's gross weight is in excess of
10,000 pounds, or any auxiliary equipment attached to such a vehicle,
for a period of longer than five minutes in any hour while a vehicle
is stationary, for reasons other than traffic congestion or emergency
work, on a public right-of-way or public space within 150 feet (46
meters) of a residential area between the hours of 8:00 p.m. and 5:00
a.m. of the following day;
6.Â
Construction and Demolition. Operating or permitting the operation
of any tools or equipment used in construction, drilling, earthmoving,
excavating, or demolition work between the hours of 8:00 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 when the latter is a legal holiday
or a weekend day except by permit, when the sound therefrom creates
a noise disturbance across a residential real property line. Operating
or permitting the operation of any tools or equipment used in construction,
drilling, earthmoving, excavating, or demolition is hereby prohibited
on legal holidays and Sundays except:
c.Â
No person shall cause, suffer, allow, or permit to be made verbally
or mechanically any noise disturbance in a Noise Free Zone. Noncommercial
public speaking and public assembly activities conducted on any public
space or public right-of-way shall be exempt from the enforcement
of this section.
[Ord. No. 604-04 § 3A-8]
a.Â
The provisions of this section shall not apply to:
1.Â
The emission of sound for the purpose of alerting persons to the existence of an emergency except as provided in subsection 3A-6b5 and 6.
2.Â
The emission of sound in the performance of emergency work; or
3.Â
The emission of sound in situations within the jurisdiction of the
Federal Occupational Safety and Health Act.
b.Â
Noise from municipally sponsored or approved celebrations, events
or emergency work shall be exempt from the provisions of this section.
[Ord. No. 604-04 § 3A-9]
a.Â
Any person who owns or operates any stationary noise source may apply
to the noise control administrator for a variance from one or more
of the provisions of this section.
Applications for a permit of variance shall supply information
including, but not limited to:
1.Â
The nature and location of the noise source for which the application
is made;
2.Â
The reason for which the permit of variance is requested, including
the hardship that will result to the applicant, his/her client, or
the public if the permit of variance is not granted;
3.Â
The nature and intensity of noise that will occur during the period
of the variance;
4.Â
The subsection or subsections of this section for which the permit
of variance shall apply;
5.Â
A description of interim noise control measures to be taken by the
applicant to minimize noise and the impacts occurring therefrom;
6.Â
A specific schedule of the noise control measures which shall be
taken to bring the source into compliance with this section within
a reasonable time.
b.Â
Failure to supply the information required by the noise control administrator
shall be cause for rejection of the application.
c.Â
A copy of the permit of variance must be kept on file by the city
clerk for public inspection.
d.Â
The noise control administrator shall charge the applicant a fee
of twenty-five ($25.00) dollars to cover expenses resulting from the
processing of the permit of variance application.
e.Â
The noise control administrator may, at his/her discretion, limit
the duration of the permit of variance, which shall be no longer than
one year. Any person holding a permit of variance and requesting an
extension of time shall apply for a new permit of variance under the
provisions of this subsection.
f.Â
No variance shall be approved unless the applicant presents adequate
proof that:
g.Â
In making the determination on granting a variance, the noise control
administrator shall consider:
1.Â
The character and degree of injury to, or interference with, the
health and welfare of or the reasonable use of property which is caused
or threatened to be caused.
2.Â
The social and economic value of the activity for which the variance
is sought.
3.Â
The ability of the applicant to apply best practical noise control
measures.
h.Â
The permit of variance may be revoked by the noise control administrator
if the terms of the permit of variance are violated.
i.Â
A variance may be revoked by the noise control administrator if there
is:
j.Â
Either a denial of a variance or a revocation of a variance may be
appealed to the board of commissioners.
[Ord. No. 604-04 § 3A-10]
a.Â
Abatement Orders. In lieu of issuing a summons as provided, a Noise
Control Officer may issue an order requiring abatement of any source
of sound alleged to be in violation of this section within a reasonable
time period and unless he/she has reason to believe there will not
be compliance with the abatement order.
[Ord. No. 604-04 §§ 3A-9.3
and 3A-9.4]
b.Â
Any person who exercises dominion and/or control over the premises
or establishment where sound in violation of this section occurs shall
be presumed to be a violator of this section. Such presumption shall
be subject to rebuttal in a court of law.
c.Â
Other Remedies. No provisions of this section 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 section or from other law.
