[HISTORY: Adopted by the Board of Commissioners
of the Township of Long Beach 6-19-1998 by Ord. No. 98-17C. This ordinance
also repealed former Ch. 123, Noise, adopted 8-2-1974 as § 3-2
of the 1974 Code, as amended. Amendments noted where applicable.]
[Amended 10-7-2019 by Ord. No. 19-23C]
The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. Terms not defined below have the same meaning as those defined in N.J.A.C. 7:29-1 et seq., and § 205-2.
Any site preparation, assembly, erection, repair, alteration
or similar action, including demolition of buildings or structures.
Any dismantling, destruction or removal of buildings, structures
or roadways.
Any work or action necessary to deliver essential public
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, dredging navigational waterways
or abating life-threatening conditions.
Either a single pressure peak or a single burst (multiple
pressure peak) that has a duration of less than one second.
Any vehicle that is propelled other than by human or animal
power on land.
A properly functioning sound-dissipative device or system
for abating the sound of escaping gases on equipment where such a
device is part of the normal configuration of the equipment.
Any building comprising two or more dwelling units, including,
but not limited to, apartments, condominiums, co-ops, multiple-family
houses, townhouses and attached residences.
Any distinct parcel of land that is used for more than one
category of activity. Examples include, but are not limited to:
A commercial, residential, industrial or public
service property having boilers, incinerators, elevators, automatic
garage doors, air conditioners, laundry rooms, utility provisions
or health and recreational facilities, or other similar devices or
areas, either in the interior or on the exterior of the building,
which may be a source of elevated sound levels at another category
on the same distinct parcel of land.
A building which is both commercial (usually
on the ground floor) and residential property located above, behind,
below or adjacent.
An employee of a local, county or regional health agency
which is certified pursuant to the County Environmental Health Act
(N.J.S.A. 26:3A2-21 et seq.) to perform noise enforcement activities;
or a municipality with a Department-approved noise control ordinance
and the employee has received noise enforcement training and is currently
certified in noise enforcement. The employee must be acting within
his or her designated jurisdiction and must be authorized to issue
a summons in order to be considered a noise control officer.
Any sound that can be detected by a person using his or her
unaided hearing faculties. As an example, if the sound source under
investigation is a portable or personal vehicular sound amplification
or reproduction device, the detection of a rhythmic bass component
of the music is sufficient to verify plainly audible sound. The noise
control officer need not determine the title, specific words or the
artist performing the song.
Any street, avenue, boulevard, road, highway, sidewalk, alley
or easement that is owned, leased or controlled by a nongovernmental
entity.
Any real property or structures thereon that are owned, leased
or controlled by a governmental entity.
Either:
The imaginary line, including its vertical extension
that separates one parcel of real property from another;
The vertical and horizontal boundaries of a
dwelling unit that is part of a multi-dwelling unit building; or
A multi-use property, the interface between
the two portions of the property on which different categories of
activity are being performed (e.g., if the multi-use property is a
building which is residential upstairs and commercial downstairs,
then the real property line would be the interface between the residential
area and the commercial area).
Any day that is not a federal holiday, and beginning on Monday
at 7:00 a.m. and ending the following Friday at 6:00 p.m.
Beginning Friday at 6:00 p.m. and ending the following Monday
at 7:00 a.m.
A.
This model noise chapter applies to sound from the
following property categories:
(1)
Industrial facilities.
(2)
Commercial facilities.
(3)
Public service facilities.
(4)
Community service facilities.
(5)
Residential properties.
(6)
Multi-use properties.
(7)
Public and private rights-of-way.
(8)
Public spaces.
(9)
Multi-dwelling-unit buildings.
(10)
Wireless communications facilities.
[Added 10-7-2019 by Ord.
No. 19-23C]
C.
Sound from stationary emergency signaling devices
shall be regulated in accordance with N.J.A.C. 7:29-1.3, except that
the testing of electromechanical functioning of a stationary emergency
signaling device shall not meet or exceed 10 seconds.
A.
Whereas, excessive sound is a serious hazard to the
public health, 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 of, an environment free from excessive
sound; now, therefore, it is the policy of the Township of Long Beach
to prevent excessive sound that may jeopardize the health, welfare,
or safety of the citizens or degrade the quality of life.
B.
This chapter shall apply to the control of sound originating
from sources within the Township of Long Beach.
A.
The provisions of this chapter shall be enforced by
noise control officers. A person shall be qualified to be a noise
control officer if the person meets the criteria set forth in the
definition above and completes, at a frequency specified by the Department
in N.J.A.C. 7:29-2.11, a noise certification and recertification course
which are offered by the Department of Environmental Sciences of Cook
College, Rutgers, the State University of New Jersey or any other
noise certification or re-certification course which is offered by
an accredited university and approved by the Department.
B.
C.
Noise control officers shall have the power to:
(1)
Coordinate the noise control activities of all departments
in the Township of Long Beach and cooperate with all other public
bodies and agencies to the extent practicable.
(2)
Review the actions of the Township of Long Beach and
advise of the effect, if any, of such actions on noise control.
(3)
Review public and private projects, subject to mandatory
review or approval by other departments or boards, for compliance
with this chapter.
(4)
Investigate and pursue possible violations of this
chapter for sound levels which equal or exceed the sound levels set
forth in Tables I and II,[2] when measured at a receiving property located within the designated jurisdiction of the noise control officer, in accordance with § 123-7 below.
[2]
Editor's Note: Tables I and II are included
at the end of this chapter.
(5)
Cooperate with noise control officers of adjacent
municipalities in enforcing one another's municipal noise ordinances.
A.
No person shall cause, suffer, allow or permit the operation of any source of sound on any source property listed in § 123-2A above in such a manner as to create a sound level that equals or exceeds the sound level limits set forth in Tables I and II[1] when measured at or within the real property line of any of the receiving properties listed in Tables I and II, except as specified in Subsection B below.
(1)
In
all residential zones, wireless communications facilities and all
related antennae, equipment, and cabinets shall not exceed 50 decibels
between 8:00 a.m. and 8:00 p.m. and 40 decibels between 8:00 p.m.
and 8:00 a.m. at the source. In all nonresidential zones, the foregoing
decibel limit at any time shall increase to 60 decibels at the source,
provided that the wireless communications facilities (source) is located
a minimum of 50 feet from any residential lot line.
[Added 10-7-2019 by Ord.
No. 19-23C]
[1]
Editor's Note: Tables I and II are included
at the end of this chapter.
B.
When measuring total sound or residual sound within
a multi-use property, or within a residential unit when the property
line between it and the source property is a common wall, all exterior
doors and windows shall be closed and the measurements shall be taken
in the center of the room most affected by the noise. Residual sound
shall be measured in accordance with N.J.A.C. 7:29-2.9(b)2. When measuring
total sound or residual sound, all sound sources within the dwelling
unit must be shut off (e.g., television, stereo). Measurements shall
not be taken in areas which receive only casual use such as hallways,
closets and bathrooms.
C.
Indoor measurements shall only be taken if the sound
source is on or within the same property as the receiving property,
as in the case of a multi-use property (e.g., sound generated within
a commercial unit of a multi-use property building and received within
a residential unit of the same building) or multi-dwelling-unit building.
In addition, indoor measurements shall be taken if the property line
between the receiving property and the source property is a common
wall, such as in a multi-dwelling-unit building. The allowable sound
level standards for indoors are as shown in Tables I and II.
D.
Impulsive sound. Between 7:00 a.m. and 10:00 p.m.,
impulsive sound shall not equal or exceed 80 decibels. Between 10:00
p.m. and 7:00 a.m., impulsive sound which repeats four or more times
in an hour shall be measured as impulsive sound and shall meet the
requirements as shown in Table I.[2]
[2]
Editor's Note: Table I is included at the end of this chapter.
A.
B.
Restrictions enumerated.
(1)
Noncommercial or nonindustrial power tools and landscaping
and yard maintenance equipment shall not be operated between the hours
of 8:00 p.m. and 8:00 a.m., unless such activities can meet the applicable
limits set forth in Tables I and II. All motorized equipment used
in these activities shall be operated with a muffler. At all other
times, the limits set forth in Tables I and II do not apply to noncommercial
or nonindustrial power tools and landscaping and yard maintenance
equipment.
(2)
Commercial or industrial power tools and landscaping
and yard maintenance equipment, excluding emergency work, shall not
be operated on a residential property or within 250 feet of a residential
property line when operated on commercial or industrial property,
between the hours of 6:00 p.m. and 7:00 a.m. on weekdays, or between
the hours of 6:00 p.m. and 9:00 a.m. on weekends or federal holidays,
unless such activities can meet the limits set forth in Tables I and
II. In addition, commercial or industrial power tools and landscaping
and yard maintenance equipment, excluding emergency work, utilized
on commercial or industrial property shall meet the limits set forth
in Tables I and II between the hours of 10:00 p.m. and 7:00 a.m. All
motorized equipment used in these activities shall be operated with
a muffler. At all other times, the limits set forth in Tables I and
II do not apply to commercial or industrial power tools and landscaping
and yard maintenance equipment.
(3)
Construction and demolition activity, excluding emergency
work, shall not be performed between the hours of 6:00 p.m. and 9:00
a.m. on weekends and federal holidays, unless such activities can
meet the limits set forth in Tables I and II. All motorized equipment
used in construction and demolition activity shall be operated with
a muffler. At all other times, the limits set forth in Tables I and
II do not apply to construction and demolition activities.
(4)
An exterior burglar alarm of a building or motor vehicle
must be activated in such a manner that the burglar alarm terminates
its operation within five minutes for continuous airborne sound and
15 minutes for impulsive sound after it has been activated.
(5)
Personal or commercial vehicular music amplification
or reproduction equipment shall not be operated in such a manner that
it is plainly audible at a residential property line between the hours
of 10:00 p.m. and 8:00 a.m.
(6)
Personal vehicular music amplification equipment shall
not be operated in such a manner as to be plainly audible at a distance
of 50 feet in any direction from the operator between the hours of
10:00 p.m. and 8:00 a.m.
(7)
Self-contained, portable, hand-held music or sound
amplification or reproduction equipment shall not be operated on a
public space or public right-of-way in such a manner as to be plainly
audible at a distance of 50 feet in any direction from the operator
between the hours of 8:00 a.m. and 10:00 p.m. Between the hours of
10:00 p.m. and 8:00 a.m., sound from such equipment shall not be plainly
audible by any person other than the operator.
(8)
Cutting of pavers, stone, brick slate or masonry shall
not be done or performed within the Township of Long Beach except
with the use of water-damping devices to hold down noise.
[Added 11-3-2004 by Ord. No. 04-26C]
(9)
The operation of emergency electrical generators for
routine maintenance and routine regular operations is limited to between
the hours of 11:00 a.m. and 4:00 p.m. local time prevailing. This
time limitation shall not apply when electrical power serving the
property on which the emergency electrical generator is located fails
and the operation of the emergency electrical generator is required
to provide power for any structures on the lot which such emergency
generators serve.
[Added 4-20-2007 by Ord. No. 07-12C]
A.
Violation of any provision of this chapter shall be
cause for an enforcement document to be issued to the violator by
a noise control officer or law enforcement officer according to procedures
set forth in N.J.A.C. 7:29-1.6. The recipient of an enforcement document
shall be entitled to a hearing in the Municipal Court having jurisdiction
to contest such action.
[Amended 7-17-1998 by Ord. No. 98-19C]
B.
Any person who violates any provision of this chapter
shall be subject to a civil penalty for each offense of not more than
$2,000. If the violation is of a continuing nature, each day during
which it occurs shall constitute an additional, separate and distinct
offense.
[Amended 1-23-2015 by Ord. No. 15-02C]
C.
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 other law.
