[HISTORY: Adopted by the Mayor and Council of the Borough
of Somerville 12-3-84 by Ord. No. 977.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also superseded former
Ch. 114, Noise, adopted 4-20-36 as Ord. No. 330, as amended.
A.
Whereas, excessive sound is a serious hazard to the public health
and 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 an
environment free from excessive sound; and
Whereas, the borough wishes to set clear standards on noise
levels so as to accommodate all social interests with justice and
equity;
Now, therefore, it is the policy of the Borough of Somerville
to prevent excessive sound that may jeopardize the health and welfare
or safety of the citizens or degrade the quality of life.
B.
This chapter shall apply to the control of sound originating from
stationary and mobile sources within the limits of the Borough of
Somerville.
As used in this chapter, the following terms shall have the
meanings indicated:
Any facility or property used for activities involving the
furnishing or handling of goods or services and not located in an
industrial or residential area as defined elsewhere in this section.
Any site preparation, assembly, erection, repair, alteration
or similar action, but excluding demolition, of buildings or structures.
The abbreviation designating both the unit of measured sound
level (the decibel) and the mode of measurement that uses the A-weighting
of a sound-level meter.
The practical unit of measurement for sound-pressure level;
the number of decibels of a measured sound is equal to twenty (20)
times the logarithm to the base of ten (10) of the ratio of the sound
pressure of the measured sound to the sound pressure of a standard
sound [twenty (20) micropascals]; abbreviated dB.
Any dismantling, intentional destruction or removal of buildings
or structures.
The value specified by the manufacturer as the recommended
maximum loaded weight of a single motor vehicle. In cases where trailers
and tractors are separable, the gross combination weight rating (GCWR)
which is the value specified by the manufacturer as the recommended
maximum loaded weight of the combination vehicle, shall be used.
Area in which there is an industrial operation or use as
defined in the Somerville Land Use and Development Code.
Any vehicle which is propelled or drawn on land by an engine
or motor.
Any employee of the borough qualified as per ' 114-3C
and appointed by the Mayor and Borough Council.
Any corporation, company, association, society, firm, partnership
and joint stock company as well as individuals, and shall also include
the state and all its political subdivisions and any agencies or instrumentalities
thereof.
Any street, avenue, boulevard, road, highway, sidewalk or
alley or similar place that is owned or controlled by a governmental
entity.
The imaginary line including its planar extension that separates
one parcel of real property from another.
Those zones known as the R-1, R-2, G, A, P-1 and P-2 Districts
in Article X of the Somerville Land Use and Development Code.
The sound-pressure level measured in decibels with a sound-level
meter set for A-weighting; sound level is expressed in dBA.
An instrument for the measurement of sound levels as specified
in N.J.A.C. 7:29B.
The level of a sound measured in decibel units with a sound-level
meter which has a uniform response over the bank of frequencies measured.
Any Monday through Friday which is not a legal holiday in
the State of New Jersey.
A.
The provisions of this chapter shall be administered by the Mayor,
Borough Council or their duly appointed designees.
B.
In order to implement and enforce this chapter and for the general
purpose of sound abatement and control, the Noise Control Officer
shall have in addition to his enforcement power the power to:
(1)
Coordinate the noise control activities of all municipal departments
and cooperate with all other public bodies and agencies to the extent
practicable.
(2)
Review the actions of other municipal departments and advise such
departments of the effect, if any, of such actions on noise control.
The Noise Control Officer shall have no authority to cite other municipal
departments pursuant to this chapter.
(3)
Review public and private projects, if subject to mandatory review
or approval by other departments, for compliance with this chapter.
C.
A person shall be considered qualified to be a Noise Control Officer
if the person has satisfactorily completed any of the following:
D.
Noise measurements made by the Noise Control Officer must be taken
according to procedures specified by N.J.A.C. 7:29B.
A.
All departments and agencies of the Borough of Somerville, shall,
to the fullest extent consistent with other law, carry out their programs
in such a manner as to further the policy of this chapter, and shall
cooperate with the Noise Control Officer in the implementation and
enforcement of this chapter.
B.
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 Officer prior to the approval of such projects
to ensure that such activities comply with the provisions of this
chapter.
A.
No person shall cause, allow or permit the operation of any source
of sound on a particular category of property 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 the real property line of the
receiving property.
Table I.
Maximum Permissible Sound Levels (in dBA) By Receiving Property
Category
| ||||
---|---|---|---|---|
Receiving Property Category
| ||||
Sound Source Property Category
|
Residential
|
Commercial
(all times)
|
Industrial
(all times)
| |
(7:00 a.m. to 10:00 p.m.)
|
(10:00 p.m. to 7:00 a.m.)
| |||
Residential
|
55
|
50
|
65
|
75
|
Commercial
|
65
|
50
|
65
|
75
|
Industrial
|
65
|
50
|
65
|
75
|
Public right-of-way
| ||||
Vehicles over 10,000 pounds GVWR
|
80
|
80
|
90
|
90
|
Vehicles under 10,000 pounds GVWR
|
80
|
80
|
82
|
82
|
B.
Exceptions.
(1)
Domestic power tools, lawn mowers, noise from snow-blowers, snow
throwers and snow plows when operated with a muffler for the purpose
of snow removal and agricultural equipment when operated with a properly
installed and functioning muffler between the hours of 6:00 a.m. and
9:00 p.m. on weekdays and 8:00 a.m. to 9:00 p.m. on weekends and legal
holidays.
(2)
Sound produced by any and all religious activities.
(5)
Noise from construction activity with respect to sound levels and
time of permissible time a redevelopment district shall be governed
by the Redevelopment Agreement.
[Added 10-4-10 by Ord. No. 2335]
C.
Nothing in this chapter shall be construed to limit the rights of
parties under the National Labor Relations Act (Wagner Act, 29 U.S.C.A. '
151 et seq.) or the rights of parties to political speech [see Cohen
v. California, 403 U.S. 15 (1977)].
A.
No person shall cause, allow or permit the following acts:
(1)
Animals:
(a)
Owning, possessing or harboring any animal or bird that frequently
or for continued duration, makes sounds that create a noise disturbance
across a residential real property line.
(b)
For the purpose of this chapter, noise disturbance from a barking
dog may be defined as that created by a dog barking continuously for
ten (10) minutes or intermittently for thirty (30) minutes.
(2)
Construction: Operating or permitting the operation of any tools
or equipment used in construction, drilling or demolition work between
the hours of 6:00 p.m. and 7:00 a.m.
(3)
Stationary emergency signaling devices: Causing noises from stationary
emergency signaling devices, that is not in accordance with the provisions
of N.J.A.C. 7:29-13, which provisions are incorporated herein by reference.
(4)
Burglar alarms: Sounding or permitting the sounding of any exterior
burglar alarm on any building or motor vehicle unless such burglar
alarm shall terminate its sound production within thirty (30) minutes
of its being activated.
(5)
Air-conditioning and air-handling devices: The operation of air-conditioning
or air-handling devices including heat pumps that produce a sound
level greater than fifty-five (55) dBA at a real property line of
a residential property, except when said operation produces less than
a five (5) dBA increase in the sound level that exists in the absence
of such sound.
A.
The provisions of this chapter shall not apply to the emission of
sound for the purpose of alerting persons to the existence of an emergency
or the operation of borough equipment.
B.
The Noise Control Officer shall have the authority, to grant special
variances, provided that they are consistent with N.J.A.C. 7:29.
C.
The Noise Control Officer shall establish regulations governing exceptions,
variances and appeals; such regulations shall be subject to the approval
of the Board of Health prior to promulgation thereof.
D.
The Noise Control Officer shall not enforce any noise regulations
within the jurisdiction of the Occupational Safety and Health Act.
A.
Notice of violations. Violation of any provision of this chapters
shall be cause for a notice of violation to be issued by the Noise
Control Officer. Such notice shall be delivered by mail to the owner
of the premises. Delivery of a notice shall be prima facie evidence
of knowledge of the noise condition on the premises.
B.
Abatement orders
(1)
The Noise Control Officer may issue an order requiring abatement
of any source of sound alleged to be in violation of this chapter
within thirty (30) days. Written notice shall be issued to the responsible
party to abate the violation within such time as shall be specified
therein but not less than five (5) days from the date of service thereof.
(2)
If the responsible party cannot be expeditiously notified, such notice
shall be posted at the place of noise emissions.
C.
Penalties.
(1)
Any person who violates any provision of this chapter shall be subject
to a penalty of not more than five hundred dollars ($500) and/or sixty
(60) days in jail, or both.
D.
Other remedies. No provision of this chapter 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 any other law.