[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:
Shall mean a group of commercial facilities and the abutting
public rights-of-way and public space.
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 10 of the ratio of the sound pressure of
the measured sound to the sound pressure 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 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.
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 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.
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.
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.
Shall mean a sound dissipative device or system for abating
the sound of escaping gases of an internal combustion engine.
Shall mean any building wherein there are two or more 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 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.
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.
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.
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, alley, or similar place 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 (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.
Shall mean any motor vehicle used off public roads for recreational
purposes.
Shall mean a group of residential properties and the abutting
public rights-of-way and public space.
Shall mean property used for human habitation, including
but not limited to:
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
conforms to Type 1 or Type 2 standards as specified by ANSI specification
S1.4-1971.
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:
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.
[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.
