[Ord. 8/4/87, § 1]
This section shall be known and may be cited as the "Noise Control Ordinance of Lafayette Township."
[Ord. 8/4/87, § 2]
As used in this section the following terms shall have the meanings hereinafter set forth:
COMMERCIAL AREA
Shall mean a group of commercial facilities and the abutting public rights-of-way and public space.
COMMERCIAL FACILITY
Shall mean any premises, property, or facility involving traffic in goods or furnishing of services for sale or profit, including but not limited to:
a. 
Banking and other financial institutions;
b. 
Dining establishments;
c. 
Establishments for providing retail services;
d. 
Establishments for providing wholesale services;
e. 
Establishments for recreation and entertainment;
f. 
Office buildings;
g. 
Transportation;
h. 
Warehouses.
CONSTRUCTION
Shall mean any site preparation, assembly, erection, repair, alteration or similar action, but excluding demolition of buildings or structures.
DECIBEL (dB)
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 10 of the ratio of the sound pressure of the measured sound to the sound pressure of a standard sound (20 micropascals) abbreviated dB.
DEMOLITION
Shall mean any dismantling, intentional destruction, or removal of buildings or structures.
EMERGENCY WORK
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.
GROSS VEHICLE WEIGHT RATING (GVWR)
Shall mean the values 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 recornmended maximum loaded weight of the combination vehicle, shall be used.
INDUSTRIAL FACILITY
Shall mean any activity and its related premises, property, facilities, or equipment involving the fabrication, manufacture, or production of durable or nondurable goods.
MOTOR CARRIER VEHICLE ENGAGED IN INTERSTATE COMMERCE
Shall mean any vehicle for which regulations apply pursuant to Section 18 of the Federal Noise Control Act of 1972 (P.L. 92-574), as amended, pertaining to motor carriers engaged in interstate commerce.
MOTORCYCLE
Shall mean an unenclosed motor vehicle having a saddle for the use of the operator and two or three wheels in contact with the ground, including, but not limited to, motor scooters, mopeds, and mini-bikes.
MOTOR VEHICLE
Shall mean any vehicle that is propelled or drawn on land by an engine or motor, such as, but not limited to, passenger cars, trucks, truck-trailers, semi-trailers, campers, go-carts, snowmobiles, amphibious craft on land, dune buggies, or racing vehicles, but not including motorcycles.
MUFFLER
Shall mean a sound dissipative device or system for abating the sound of escaping gases of an internal combustion engine.
MULTI-DWELLING-UNIT BUILDING
Shall mean any building wherein there are two or more dwelling units.
NOISE
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 State 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.
NOISE CONTROL OFFICER
Shall mean an officially designated employee of the municipality, or a group of municipalities, or of the county, trained in the measurement of sound and empowered to issue a summons for violations of this section.
NOISE DISTURBANCE
Shall mean any sound that (a) endangers the safety or health of any person; or (b) disturbs a reasonable person of normal sensitivities; or (c) endangers personal or real property.
PERSON
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.
PUBLIC RIGHT-OF-WAY
Shall mean any street, avenue, boulevard, road, highway, sidewalk, alley, or similar place that is leased, owned or controlled by a governmental entity.
PUBLIC SPACE
Shall mean any real property or structures thereon that are owned, leased, or controlled by a governmental entity.
REAL PROPERTY LINE
Shall mean either (a) the imaginary line including its vertical extension that separates one parcel of real property from another; or (b) the vertical and horizontal boundaries of a dwelling unit that is one in a multi-dwelling-unit building.
RECREATIONAL MOTORIZED VEHICLE
Shall mean any motor vehicle used off public roads for recreational purposes.
RESIDENTIAL AREA
Shall mean a group of residential properties and the abutting public rights-of-way and public space.
RESIDENTIAL PROPERTY
Shall mean property used for human habitation, including but not limited to:
a. 
Private property used for human habitation;
b. 
Commercial living accommodations and commercial property used for human habitation;
c. 
Recreational and entertainment property used for human habitation;
d. 
Community service property used for human habitation.
SOUND LEVEL
Shall mean the sound pressure level measured in decibels with a sound level meter set for A-weighting; sound level is expressed in dBA.
SOUND LEVEL METER
Shall mean an instrument used to measure sound level and conforms to Type 1 or Type 2 standards as specified by ANSI specification S1.4-1971.
WEEKDAY
Shall mean any day, Monday through Friday, that is not a legal holiday.
[Ord. 8/4/87, § 3]
a. 
The noise control program established by this section shall be administered by the township board of health which shall contract for services of a noise control officer.
b. 
The State police shall be empowered to stop any motor vehicle, or motorcycle operated on a public right-of-way or public space reasonably suspected of violating any provision of this section.
c. 
A person shall be qualified as a noise control officer if the person has satisfactorily completed any of the following:
1. 
"Community Noise - A Short Course" offered by the Department of Environmental Science of Cook College, Rutgers, the State University; or
2. 
A program of tutoring and on-the-job training offered by the New Jersey Department of Environmental Protection, Office of Noise Control to its employees; or
3. 
Education or experience or a combination thereof certified by the above Department as equivalent to the provisions of paragraphs (1) or (2) of this section.
d. 
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 18-1.4a1(a).
[Ord. 8/4/87, S4]
a. 
Stationary Sources:
1. 
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 (a) below.
(a) 
When measuring noise within a dwelling unit of a multi-dwelling-unit building, all exterior doors and windows shall be closed and the measurements shall be taken in the center of the room.
TABLE 1
Maximum Permissible Sound Levels by Receiving Property Category in dBA
Receiving Property Category
Sound Source Property Category
Another Dwelling Within a Multi-Dwelling Unit Building
Residential
Commercial
Industrial
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.
All times
All times
Any location within a Multi-Dwelling-Unit building
45
40
50
40
50
50
Residential
——
——
50
40
50
50
Commercial or Public spaces or Rights-of-way
——
——
50
40
50
50
Industrial
——
——
50
40
50
50
2. 
The following are exempt from the sound level limits of Table 1:
(a) 
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:
(b) 
Sound from church bells and church chimes when a part of a religious observance or service;
(c) 
Noise from construction activity provided all motorized equipment used in such activity is equipped with functioning mufflers;
(d) 
Noise from snowblowers, snow throwers, and snow plows when operated with a muffler for the purpose of snow removal.
(e) 
Noise from stationary emergency signaling devices that conforms with the provisions of N.J.A.C. 7:29;
(f) 
Noise from an exterior burglar alarm of any building or motor vehicle provided such burglar alarm shall terminate its operation within 15 minutes after it has been activated.
b. 
Mobile Sources:
1. 
Motor Vehicles and Motorcycles on Public Rights-of-Way. No person shall cause, suffer, allow, or permit the operation of a public or private motor vehicle or motorcycle on a public right-of-way at any time in such a manner that the sound level emitted by the motor vehicle or motorcycle exceeds the level set forth in Table I.
TABLE I
Maximum Permissible Sound Levels from Motor Vehicles and Motorcycles
Vehicle Class
Speed Limit
35 MPH or Less
Speed Limit
Over 35 MPH
Stationary Run-up
Motor carrier vehicle engaged in interstate commerce of GVWR or GCWR of 10,000 lbs. or more.
86
90
88
All other motor vehicles of GVWR or GCWR of 10,000 lbs. or more.
86
90
——
Any motorcycle.
82
86
——
Any other motor vehicle or any combination of vehicles towed by any motor vehicle.
76
82
——
Sound level on fast setting in dBA at 15 feet from the edge of the lane of vehicle travel
Any motor vehicle or motorcycle with a GVWR less than 10,000 lbs.
80
2. 
Recreational Motorized Vehicles Operating Off Public Rights-of-Way. No person shall operate or cause to be operated any recreational motorized vehicle in such a manner that the sound level emitted therefrom exceeds the limits set forth in Table II at either (1) a distance of 50 feet (15 meters) or more from the path of the vehicle when operated on a public space; or (2) at or across a real property line when operated on private property. This section shall apply to all recreational motorized vehicles whether or not duly licensed or registered.
TABLE II
Maximum Permissible Sound Level for Recreational Motorized Vehicles Operated Off Public Rights-of-Way
Vehicle Type
Sound Level
Motorcycle
(Unit Mfg. before 1975)
86
(Unit Mfg. after 1975)
84
Any other vehicle
(Unit Mfg. before 1975)
84
(Unit Mfg. after 1975)
80
[Ord. 8/4/87, § 5]
The following acts are specifically prohibited:
a. 
Stationary Sources:
1. 
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 operation of this subsection.
2. 
No person shall cause, suffer, allow or permit the following acts:
(a) 
Sound Reproduction System. 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.
(b) 
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. in the following day, such that the sound therefrom creates a noise disturbance across a residential real property line.
(c) 
Animals and Birds. Owning, possessing, 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.
(d) 
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 6:00 p.m. and 7:00 a.m. the following day when the latter is a weekday and between the hours of 5:00 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.
(e) 
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 6:00 p.m. and 7:00 a.m. the following day on weekdays or at any time on weekends or legal holidays, provided such equipment is equipped with a functioning muffler except for:
(1) 
Emergency work
(2) 
By variance issued pursuant to Section 7 of this ordinance, or
(3) 
When the sound level does not exceed any applicable limit specified in Table I.
b. 
Mobile Sources.
1. 
Adequate Mufflers:
(a) 
No person shall cause, suffer, allow, or permit the operation of any motor vehicle or motorcycle, not equipped with the original muffler and other components or equivalent replacement in good working order and in constant operation regardless of sound level produced.
(b) 
No person shall remove or render inoperative, or cause to be removed or rendered inoperative, other than for purposes of maintenance, repair, or replacement, any muffler or other exhaust component on a motor vehicle or motorcycle.
2. 
Motor Vehicle Horns and Signaling Devices:
(a) 
The sounding of any horn or other auditory signaling device in any motor vehicle or motorcycle on any public right-of-way or public space, except as a warning of danger;
(b) 
The sounding of any horn or other auditory signaling device that produces a sound level in excess of 100 dBA at 25 feet (7.5 meters).
3. 
Standing Motor Vehicles. No person shall operate or permit the operation of any motor vehicle or any auxiliary equipment attached to such a vehicle, for a period longer than three minutes in any hour while the 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 8:00 a.m. the following day.
4. 
Sound Reproduction Devices. No person shall, cause, suffer, allow or permit, the operating or playing of any radio, tape player or similar device that reproduces or amplifies sound in such a manner as to create noise at 50 feet (15 meters) from such device, when operating in or on a motor vehicle on a public right-of-way or public space.
[Ord. 8/4/87, § 6]
a. 
The provisions of this section shall not apply to:
1. 
The emission of sound for the purpose of alerting persons to the existence of an emergency except as provided in subsection 18-1.4a2(e) and (f); or
2. 
The emission of sound in the performance of emergency work; or
3. 
The emission of sound in situations within the jurisdiction of the Federal Occupational Safety and Health Act.
b. 
Noise from municipally sponsored or approved celebrations or events shall be exempt from the provisions of this section.
[Ord. 8/4/87, § 7]
a. 
Any person who owns or operates any stationary noise source may apply to the board of health 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. 
The nature and location of the noise source for which such application is made;
2. 
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. 
The nature and intensity of noise that will occur during the period of the variance;
4. 
The subsections of this section for which the permit of variance shall apply;
5. 
A description of interim noise control measures to be taken by the applicant to minimize noise and the impacts occurring therefrom;
6. 
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. 
Failure to supply the information required by the board of health shall be cause for rejection of the application.
c. 
A copy of the permit of variance must be kept on file by the municipal clerk for public inspection.
d. 
The board of health may charge the applicant a fee of $100 to cover expenses resulting from the processing of the permit of variance application.
e. 
The board of health may in its 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 section.
f. 
No variance shall be approved unless the applicant presents adequate proof that: (a) noise levels occurring during the period of the variance will not constitute a danger to public health; and (b) compliance with the section would impose an arbitrary or unreasonable hardship upon the applicant without equal or greater benefits to the public.
g. 
In making the determination on granting a variance, the board of health shall consider:
1. 
The character and degree of injury to or interference with, the health and welfare or the reasonable use of property which is caused or threatened to be caused.
2. 
The social and economic value of the activity for which the variance is sought.
3. 
The ability of the applicant to apply best practical noise control measures.
h. 
The permit of variance may be revoked by the board of health if the terms of the permit of variance are violated.
i. 
A variance may be revoked by the board of health if there is:
1. 
Violation of one or more conditions of the variance;
2. 
Material misrepresentation of fact in the variance application; or
3. 
Material change in any of the circumstances relied upon by the board of health in granting the variance.
[Ord. 8/4/87, § 8]
a. 
Issuance of Summons. Violation of any provision of this section shall be cause for a summons to be issued by the noise control officer.
b. 
Abatement Orders.
1. 
Except as provided in paragraph 2 below, in lieu of issuing a summons as provided in subsection 18-1.8a, the 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 according to guidelines which the noise control officer may prescribe.
2. 
An abatement order shall not be issued: (a) if any person willfully or knowingly violates any provision of this section; or (b) if the noise control officer has reason to believe that there will not be compliance with the abatement order.
[Ord. 8/4/87, § 9]
Any person convicted of violation of this section shall be subject to the penalties set forth in section 3-1 of the General Ordinances of the Township of Lafayette.
[Ord. 9/16/86, § I]
This section shall be known as "The Lafayette Township Nuclear Free Zone Ordinance."
[Ord. 9/16/86, § II]
The township committee finds that contamination by radioactive substances interferes with the farming and residential character of the township and contamination by radioactive substances will have an adverse effect on the residents, visitors, businesses, water resources and wildlife in the township.
[Ord. 9/16/86, § III]
The development, production, storage, deployment, usage, landfilling, fabrication, destruction and transportation of radioactive materials in and through the township is hereby prohibited except as hereinafter provided.
[Ord. 9/16/86, § IV]
The township attorney is authorized to take appropriate action to enforce the prohibitions contained herein. Said action may include but is not limited to a civil action seeking injunctive relief in any court of competent jurisdiction. In the event the township attorney fails or neglects to so act, any resident (person or corporation) may, by appropriate civil action, enforce the prohibition contained herein.
[Ord. 9/16/86, § V]
The adoption of this section is not intended to preclude other actions, either administrative or legal in nature, attempting to enforce the prohibition contained in this section. Remedies herein are deemed to be cumulative to any such rights claimed in common law or under statutory or constitutional authority.
[Ord. 9/16/86, § VI]
The prohibitions contained in this section shall not apply to naturally occurring materials containing low, normal or background levels of radiation. This section shall not apply to consumer products in general use such as smoke detectors and time pieces. Nor shall it apply to commonly accepted medical uses such as x-ray and pharmaceuticals. This section shall not apply to movement for burial or storage elsewhere of radioactive contaminated soil or other materials.