[1971 Code § BH16-1]
Excessive, unnecessary or unusually loud noise within the Township of Lakewood is a condition which is detrimental to public health, comfort, convenience, safety, and welfare of the residents of the Township of Lakewood.
The necessity in the public interest for the provisions and prohibitions hereinafter contained and enacted, is declared as a matter of legislative determination and public policy, and it is further declared that the provisions and prohibitions hereinafter contained and enacted are in pursuance of and for the purpose of securing and promoting the public health, comfort, convenience, safety, and welfare and the peace and quiet of the Township of Lakewood and its inhabitants.
[1971 Code § BH16-2]
- AMBIENT NOISE
- Shall mean the underlying noise base at a given point or area in the community upon which is superimposed noise from more or less identifiable sources which can vary in intensity or duration during different portions of the day.
- APPROVED MEASURING EQUIPMENT PURSUANT TO THIS CHAPTER
- Shall mean such sound measuring devices as shall meet or exceed the requirements set forth in a publication of the American National Standard Institute, sometimes known as its abbreviated title, A.N.S.I., New York, New York, entitled "Specifications for General Purposes for Sound Level Meters."
- Shall mean sound radiating into air of sufficient duration and intensity or pressure as to be within the dynamic measuring capability of sound measuring instruments.
- Shall include the singular and the plural and shall also mean and include any person, firm, corporation, association, club, partnership, society or any other form of association or organization.
- SOUND AMPLIFYING EQUIPMENT
- Shall mean any machine or device for the amplification of the human voice, music or any other sound. "Sound amplifying equipment" as used herein shall not be construed as including standard automobile radios when used and heard only by occupants of the vehicle in which installed or warning devices on other vehicles used only for traffic safety purposes.
- SOUND LEVEL METER
- Shall mean an instrument for the measurement of sound or its equivalent meeting the requirements of American National Standards, S1.4-1961.
- SOUND MEASUREMENT
- Shall mean the measurement of sound at a given point, except when weather conditions may be such as to create a bias in the data. Example of such conditions are wind in excess of 20 miles per hour regardless of the windscreen used, rain, sleet, snow, hail, thunder, or ambient noise of such volume and duration that make the identification of the noise to be measured impossible or unreliable.
- SOUND TRUCK
- Shall mean any motor vehicle, or horse-drawn vehicle, having mounted thereon, or attached thereto, any sound amplifying equipment.
- WEIGHTING NET WORKS
- Shall mean for the purpose of making sound level measurements in accordance with the standard provided in this chapter, the weighting net works on the sound level meter shall be set to the "A" weighting position. However, in addition to the "A" weighting readings, "B" and "C" weighted readings may be submitted where eventually useful and proper.
- Shall mean any windscreen to reduce or eliminate effect on the measuring instrument of wind noise which shall be used with the sound level meter for all measurements.
[1971 Code § BH16-3]
It shall be unlawful for any person to make, continue or cause to be made any excessive, unnecessary or unusually loud noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others, within the limits of the Township.
In any zone of the Township, noise shall be measured from the point of annoyance to the source where a noise originates. The sound level radiated over a measurable period of time shall not exceed 60 decibels between the hours of 7:00 a.m. and 11:00 p.m. or 55 decibels between the hours of 11:00 p.m. and 7:00 a.m., as measured on the "A" weighted scale by a sound level meter in decibels RE:0.0002 microbar.
If the "A" scale is exceeded, an octave band analysis may be made at the discretion of the enforcing officer making the investigation. If the noise is a pure tone an octave band analyzer must be used.
When an octave band analyzer is used, the following sound pressure level in decibels RE:0.002 microbar shall not be exceeded:
*Hertz is the international unit for cycles per second.
[1971 Code § BH16-4]
The standards which shall be considered in determining whether a violation of this chapter exists shall include, but shall not be limited to, the following:
The volume of the noise.
The intensity of the noise.
Whether the nature of the noise is usual or unusual.
Whether the origin of the noise is natural or unnatural.
The volume and intensity of the background noises, if any.
The proximity of the noise to residential sleeping facilities.
The nature and zoning of the area within which the noise emanates.
The density of inhabitation of the area within which the noise emanates.
The time of the day or night the noise occurs.
The duration of the noise.
Whether the noise is recurrent, intermittent or constant.
Whether the noise is produced by a commercial or noncommercial activity.
The following acts, among others, are declared to be loud, disturbing, and unnecessary noises in violation of this chapter. Said enumeration shall not be deemed to be exclusive, namely:
[1971 Code § BH16:5.1]
The sounding of any horn or signaling device on any automobile, motorcycle, bus, truck or other vehicle on any street or public place, except as a warning pursuant to the provisions of N.J.S. 39:3-69.
[1971 Code § BH16-5.2]
The use or operation of any radio, television, receiving set, musical instrument, phonograph, compact disc player, or other machine or device for the production of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants shall be unlawful. The operation of any such device as described above between the hours of 11:00 p.m. and 7:00 a.m. in such a manner as to be plainly audible at a distance of 50 feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this subsection.
[1971 Code § BH16-5.3]
The use of any receiving set, musical instrument, phonograph, loudspeaker, sound amplifier, or other machine or device for the production of sound which is cast upon the public streets for the purposes of commercial advertising and/or political purposes.
[1971 Code § BH16-5.4]
The keeping of any animal or bird which causes frequent or long continued noise and shall disturb the comfort or repose of persons residing in the vicinity.
[1971 Code § BH16-5.5]
The discharge of the exhaust of internal combustion engines or motor vehicles except through a muffler or other device designed to prevent loud or explosive noises therefrom.
[1971 Code § BH16-5.6]
The creation of loud and excessive noise in connection with the loading or unloading of any article or the opening or destruction of bales, boxes, crates and containers.
[1971 Code § BH16-5.7]
The construction, demolition, alteration or repair of any building other than between the hours of 7:00 a.m. and 8:00 p.m. Where the public health and safety requires such noise level, and then only with a permit from the Building Inspector, not to exceed three days while the emergency continues, such construction shall be allowed. The permit may be renewed for a period of three days or less while the emergency continues.
[1971 Code § BH16-5.8]
The use of any blower, fan or pump or engine or motor in connection therewith including, by an example and not by way of limitation, air conditioning systems, compression devices and pool filter systems, if such systems create loud, penetrating or continuous noises that disturb the comfort or repose of persons residing in the vicinity.
[1971 Code § BH16-5.9]
Yelling, shouting, hooting, whistling or singing particularly between the hours of 11:00 p.m. and 7:00 a.m., or at any other time so as to annoy or disturb the quiet, comfort, or repose of persons in any office, or in any dwelling or other type of residence, or of any persons in the vicinity.
[1971 Code § BH16-5.10]
The creation of any excessive noise on any street adjacent to any school, institution of learning, church or court while the same are in use, or adjacent to any hospital which unreasonably interferes with the workings of such institution, provided conspicuous signs are displayed in such streets indicating that the same is a school, hospital or court zone.
[1971 Code § BH16-5.11]
The shouting of peddlers, hawkers and vendors which disturbs the peace and quiet of the neighborhood.
[1971 Code § BH16-5.12]
The use of any automobile, motorcycle, or vehicle so out of repair, so loaded or in such a manner as to create loud and unnecessary grating, grinding or rattling or other excessive noise.
[1971 Code § BH16-6]
It being recognized that certain customarily excepted noises and noises of an emergency nature are necessary, the following shall not be covered by this chapter:
The ringing of church bells in connection with religious observances.
The operation of motor vehicles except as otherwise set forth herein.
Necessary construction or demolition noises during daytime hours between 7:00 a.m. and 8:00 p.m.
Noises made by necessary emergency repairs.
Sirens, horns or whistles of emergency vehicles or police or fire officials in the performance of their duties.
Outdoor celebrations, social events, parades, dances, concerts or athletic events authorized by the Township Committee or Board of Education or conducted in connection with the recreational program of the Township or Board of Education. Any civic association, club or organized group of citizens may apply to the Township Committee or Board of Education for a special permit to conduct outdoor dances, sport or social activities wherein noise may exceed the time limits or sound limitations herein except that in no event shall 60 decibels be exceeded nor shall such event be conducted in violation of the terms expressly set forth in such permit.
Landing and takeoff of aircraft from a licensed runway or airport. However, such landing and takeoff shall not include cruising or hovering over an area for such duration of time or on such number of occasions during any 24 hour period as to permit measurement showing excessive noise level outside the bounds of the airport property as to be in violation of this chapter when measured on three occasions in any 12 hour period from any one measuring point.
Cruising or hovering aircraft such as are presently engaged in pilot training or parachute center sport jumping, testing, or other parachuting or sky diving activities in and about the vicinity of Lakewood Airport or elsewhere within the airspace over the Township shall in no event other than landing and takeoff exceed 70 decibels when measured on the "A" Weighted Scale by a sound level meter in decibels. This 70 decibels exception shall apply, however, only to aircraft engaged in activities herein described and shall be in addition to the landing and takeoff exception herein.
[1971 Code § BH16-7]
This chapter shall be enforceable by all law enforcement personnel employed by the State of New Jersey, County of Ocean and/or the Township of Lakewood including, but not limited to Police Officers, Special Officers, Code Enforcement Officers, Health Inspectors and the like.
[1971 Code § BH16-8]
The operation or maintenance of any device, instrument, vehicle or machinery in violation of any provision hereof and which causes annoyance or which endangers the comfort, repose, health or peace of residents in the area shall be deemed, and is declared to be, a public nuisance and may be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.