[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]
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.
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.
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.
Shall mean an instrument for the measurement of sound or
its equivalent meeting the requirements of American National Standards,
S1.4-1961.
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.
Shall mean any motor vehicle, or horse-drawn vehicle, having
mounted thereon, or attached thereto, any sound amplifying equipment.
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:
|
Frequency Band
|
Sound Pressure Level
| |
|---|---|---|
|
Cycles per second*
|
11:00 p.m.-7:00 a.m.
|
7:00 a.m.-11:00 p.m.
|
|
20-75
|
74
|
79
|
|
75-150
|
69
|
74
|
|
150-300
|
59
|
64
|
|
300-600
|
52
|
57
|
|
600-1200
|
46
|
51
|
|
1200-2400
|
40
|
45
|
|
2400-2800
|
34
|
39
|
|
4800-9600
|
32
|
37
|
*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:
a.Â
The volume of the noise.
b.Â
The intensity of the noise.
c.Â
Whether the nature of the noise is usual or unusual.
d.Â
Whether the origin of the noise is natural or unnatural.
e.Â
The volume and intensity of the background noises, if any.
f.Â
The proximity of the noise to residential sleeping facilities.
g.Â
The nature and zoning of the area within which the noise emanates.
h.Â
The density of inhabitation of the area within which the noise emanates.
i.Â
The time of the day or night the noise occurs.
j.Â
The duration of the noise.
k.Â
Whether the noise is recurrent, intermittent or constant.
l.Â
Whether the noise is produced by a commercial or noncommercial activity.
|
Sound measurement for determining violations of this chapter
shall be measured from the point of annoyance on the property of complainant
or along any point of complainant's building line nearest to the source
of noise complained of or at any point along the property line of
the source or on any public walkway or highway or other public place
within the Township whereat the noise is apparent.
|
|
In the event the source of noise is less than 10 feet distant
from the point of annoyance, the lower or nighttime decibel volume
shall be used during the daytime hours in the center of the room wherein
the complaint originates, if indoors, with one window open.
|
|
The sound measurements shall be determined by the average of
not less than three readings taken at intervals of not less than two
minutes apart.
|
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; amended 5-12-2022 by Ord. No. 2022-16]
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.
The prohibition on noise, as defined in this chapter, shall
not apply between the hours of 7:00 a.m. and 2:00 a.m., the following
day, for the below-listed holidays:
a) Cinco de Mayo.
b) Fourth of July.
c) New Year's Eve.
d) Purim.
e) Lag B'Omer.
[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.
