[Ord. No. 2015-20]
Whereas excessive sound is a serious hazard to the public health,
welfare, safety, and the quality of life.
A substantial body of science and technology exists by which
excessive sound may be substantially abated.
The people have a right to, and should be ensured of, an environment
free from excessive sound.
It is the policy of Township of Scotch Plains to prevent excessive
sound that may jeopardize the health, welfare, or safety of the citizens
or degrade the quality of life.
This chapter shall apply to the control of sound originating
from sources within the Township of Scotch Plains.
[Ord. No. 2015-20]
The following words and terms, when used in this chapter, shall
have the following meanings, unless the context clearly indicates
otherwise. Terms not defined in this chapter have the same meaning
as those defined in N.J.A.C. 7:29.
Shall mean any site preparation, assembly, erection, repair,
alteration or similar action of buildings or structures.
Shall mean the sound level as measured using the "C" weighting
network with a sound level meter meeting the standards set forth in
ANSI S 1.4-1983 or its successors.
The unit of reporting is dB(C). The "C" weighting network
is more sensitive to low frequencies than is the "A" weighting network.
Shall mean any dismantling, destruction or removal of buildings,
structures, or roadways.
Shall mean the New Jersey Department of Environmental Protection.
Shall mean any work or action necessary at the site of an
emergency to restore or 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, dredging navigational waterways, or abating
life-threatening conditions or a state of emergency declared by a
governing agency.
Shall mean either a single pressure peak or a single burst
(multiple pressure peaks) that has a duration of less than one second.
Shall mean a violation that is not the result of the purposeful,
reckless or criminally negligent conduct of the alleged violator;
and/or the activity or condition constituting the violation has not
been the subject of an enforcement action by any authorized local,
County or State enforcement agency against the violator within the
immediately preceding 12 months for the same or substantially similar
violation.
Shall mean any vehicle that is propelled other than by human
or animal power on land.
Shall mean a properly functioning sound dissipative device
or system for abating the sound on engines or equipment where such
device is part of the normal configuration of the equipment.
Shall mean any building comprising two or more dwelling units,
including, but not limited to, apartments, condominiums, co-ops, multiple-family
houses, townhouses, and attached residences.
Shall mean 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;
or
A building, which is both commercial (usually on the ground
floor) and residential property, located above, below or otherwise
adjacent to.
Shall mean an employee of a municipality, County or regional
health commission that has a department-approved model noise control
ordinance and the employee has not received noise enforcement training
as specified by the Department in N.J.A.C. 7:29. However, they are
knowledgeable about their model noise ordinance and enforcement procedures.
A Noise Control Investigator may only enforce sections of the ordinance
that do not require the use of a sound level meter. The employee must
be acting within his or her designated jurisdiction and must be authorized
to issue a summons.
Shall mean 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 an employee of a municipality with a department-approved model
noise control ordinance. All NCOs must receive noise enforcement training
as specified by the department in N.J.A.C. 7:29 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.
Shall mean any sound that can be detected by a NCO or an
NCI using his or her unaided hearing faculties of normal acuity. As
an example, if the sound source under investigation is a portable
or vehicular sound amplification or reproduction device, the detection
of the rhythmic bass component of the music is sufficient to verify
plainly audible sound. The NCO or NCI need not determine the title,
specific words, or the artist performing the song.
Shall mean any street, avenue, boulevard, road, highway,
sidewalk, alley or easement that is owned, leased, or controlled by
a non-governmental entity.
Shall mean any street, avenue, boulevard, road, highway,
sidewalk, alley or easement that is owned, leased, or controlled by
a non-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 vertical boundary that separates
one parcel of property (i.e., lot and block) from another residential
or commercial property; (b) the vertical and horizontal boundaries
of a dwelling unit that is part of a multi-dwelling unit building;
or (c) on a multi-use property as defined herein, the vertical or
horizontal boundaries 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, or
if there is an outdoor sound source such as an HVAC unit on the same
parcel of property, the boundary line is the exterior wall of the
receiving unit). Note- this definition shall not apply to a commercial
source and a commercial receptor which are both located on the same
parcel of property (e.g. a strip mall).
Shall mean any device whose primary function is the production
of sound, including, but not limited to any, musical instrument, loudspeaker,
radio, television, digital or analog music player, public address
system or sound-amplifying equipment.
Shall mean any device, such as a muffler, baffle, shroud,
jacket, enclosure, isolator, or dampener provided by the manufacturer
with the equipment, or that is otherwise required, that mitigates
the sound emissions of the equipment.
Shall mean any day that is not a Federal holiday, and beginning
on Monday at 7:00 a.m. and ending on the following Friday at 6:00
p.m.
Shall mean beginning on Friday at 6:00 p.m. and ending on
the following Monday at 7:00 a.m.
[Ord. No. 2015-20]
a.
This chapter applies to sound from the following property categories:
c.
Sound from stationary emergency signaling devices shall be regulated
in accordance with N.J.A.C. 7:29-1.4, except that the testing of the
electromechanical functioning of a stationary emergency signaling
device shall not meet or exceed 10 seconds.
[Ord. No. 2015-20]
b.
Sound production devices required or sanctioned under the Americans
with Disabilities Act (ADA), FEMA or other government agencies to
the extent that they comply with the noise requirement of the enabling
legislation or regulation. Devices which are exempted under N.J.A.C.
7:29-1.5 shall continue to be exempted.
[Ord. No. 2015-20]
a.
Noise Control Officers shall have the authority within their designated
jurisdiction to investigate suspected violations of any section of
this chapter and pursue enforcement activities.
b.
Noise Control Investigators shall have the authority within their
designated jurisdiction to investigate suspected violations of any
section of this chapter that do not require the use of a sound level
meter (i.e. plainly audible, times of day and/or distance determinations)
and pursue enforcement activities.
c.
Noise Control Officers and Investigators may cooperate with NCOs
and NCIs of an adjacent municipality in enforcing one another's municipal
noise ordinances.
[Ord. No. 2015-20]
a.
Sound measurements made by a Noise Control Officer shall conform to the procedures set forth at N.J.A.C. 7:29-2, except that interior sound level measurements shall also conform with the procedures set forth in Section 32-6 of this chapter and with the definition of "real property line" as contained herein.
b.
When conducting indoor sound level measurements across the real property
line, the measurements shall be taken at least three feet from any
wall, floor or ceiling and all exterior doors and windows may, at
the discretion of the investigator, be closed. The neighborhood residual
sound level shall be measured in accordance with N.J.A.C. 7:29-2(b)2.
When measuring total sound level, the configuration of the windows
and doors shall be the same and 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.
[Ord. No. 2015-20]
Tables I, II, and III are included as attachments to this chapter.
a.
No person shall cause, suffer, allow, or permit the operation of any source of sound on any source property listed in Section 32-3a above in such a manner as to create a sound level that equals or exceeds the sound level limits set forth in Tables I, II or III when measured at or within the real property line of any of the receiving properties listed in Tables I, II or III except as specified in Section 32-6b.
b.
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 occurs less than four times in any hour
shall not equal or exceed 80 decibels. Impulsive sound which repeats
four or more times in any hour, shall be measured as continuous sound
and shall meet the requirements as shown in Tables I and II.
[Ord. No. 2015-20]
No person shall cause, suffer, allow, or permit the operation of any sound production device in such a manner that the sound crosses a property line and raises the total sound levels above the neighborhood residual sound level by more than the permissible sound level limits set forth in Table IV when measured within the residence of a complainant according to the measurement protocol in Section 32-6b of this chapter. These sound level measurements shall be conducted with the sound level meter set for "C" weighting, "fast" response.
|
TABLE IV
MAXIMUM PERMISSIBLE INCREASE IN TOTAL
SOUND LEVELS
WITHIN A RESIDENTIAL PROPERTY
| |
|---|---|
|
Week nights
10:00 p.m. — 7:00 a.m.
Weekend nights
11:00 p.m. and 9:00 a.m.
|
All other times
|
|
3 dB(C)
|
6 Db(C)
|
[Ord. No. 2015-20; amended 2-15-2022 by Ord. No. 2022-2]
The following standards shall apply to the activities or sources
of sound set forth below:
a.
Excluding emergency work, power tools, home maintenance tools, landscaping
and/or yard maintenance equipment used by residential property owner
or tenant shall be permitted between the hours of 8:00 a.m. and 8:00
p.m., unless such activities can meet the applicable limits set forth
in Table I, II or III. At all other times the limits set forth in
Tables I, II or III do not apply. All motorized equipment used in
these activities shall be operated with a muffler and/or sound reduction
device.
b.
Excluding emergency work, power tools, landscaping and/or yard maintenance
equipment used by nonresidential operators (e.g. commercial operators)
shall be permitted on a residential, commercial or industrial property
between the hours of 8:00 a.m. and 6:00 p.m. on weekdays, or between
the hours of 9:00 a.m. and 6:00 p.m. on weekends or federal holidays,
unless such activities can meet the limits set forth in Tables I,
II or III. At all other times the limits set forth in Tables I, II
or III do not apply. All motorized equipment used in these activities
shall be operated with a muffler and/or sound reduction device. The
terms of this section shall specially not apply to any described activity
at Scotch Hills Country Club, Ash Brook Golf Course, Shackamaxon Golf
and Country Club, any property owned and/or controlled by the Scotch
Plains/Fanwood Board of Education, private and parochial schools,
houses of worship, nonprofit facilities and any property owned and/or
controlled by the Township of Scotch Plains.
c.
All construction and demolition activity, excluding emergency work,
shall be permitted between the hours of 7:00 a.m. and 6:00 p.m. on
weekdays, or between the hours of 9:00 a.m. and 6:00 p.m. on weekends
and federal holidays, unless such activities can meet the limits set
forth in Tables I, II or III. At all other times the limits set forth
in Tables I, II or III do not apply. All motorized equipment used
in construction and demolition activity shall be operated with a muffler
and/or sound reduction device.
d.
Motorized snow removal equipment shall be operated with a muffler
and/or a sound reduction device when being used for snow removal.
At all other times the limits set forth in Tables I, II or III do
not apply.
e.
All interior and exterior burglar alarms 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 intermittent sound after it has been activated. At
all other times the limits set forth in Tables I, II or III do not
apply.
f.
Self-contained, portable, nonvehicular music or sound production
devices shall be permitted 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,
operated on a public space or public right-of-way, from such equipment
shall not be plainly audible at a distance of 25 feet in any direction
from the operator;
g.
It shall be unlawful for any property owner or tenant to allow any
domesticated or caged animal to create a sound across a real property
line which unreasonably disturbs or interferes with the peace, comfort,
and repose of any resident, or to refuse or intentionally fail to
cease the unreasonable noise when ordered to do so by a Noise Control
Officer or Noise Control Investigator. Prima facie evidence of a violation
of this section shall include but not be limited to:
1.
Vocalizing (howling, yelping, barking, squawking etc.) for five minutes
without interruption, defined as an average of four or more vocalizations
per minute in that period; or,
2.
Vocalizing for 20 minutes intermittently, defined as an average of
two vocalizations or more per minute in that period.
It is an affirmative defense under this section that the dog
or other animal was intentionally provoked to bark or make any other
noise.
[Ord. No. 2015-20]
Violations of each paragraph of this section shall be considered
purposeful and therefore non-minor violations.
a.
No person shall remove or render inoperative, or cause to be removed
or rendered inoperative or less effective than originally equipped,
other than for the purposes of maintenance, repair, or replacement,
of any device or element of design incorporated in any motor vehicle
for the purpose of noise control. No person shall operate a motor
vehicle or motorcycle which has been so modified. A vehicle not meeting
these requirements shall be deemed in violation of this provision
if it is operated stationary or in motion in any public space or public
right-of-way.
b.
No motorcycle shall be operated stationary or in motion unless it
has a muffler that complies with and is labeled in accordance with
the Federal Noise Regulations under 40 CFR Part 205.
c.
Personal or commercial vehicular music amplification or reproduction
equipment shall not be operated in such a manner that it is plainly
audible at distance of 25 feet in any direction from the operator
between the hours of 10:00 p.m. and 8:00 a.m.
d.
Personal or commercial vehicular music amplification or reproduction
equipment shall not be operated in such a manner that is 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.
[Ord. No. 2015-20]
a.
Violation of any provision of this chapter shall be cause for a Notice
of Violation (NOV) or a Notice of Penalty Assessment (NOPA) document
to be issued to the violator by the Noise Control Officer or Noise
Control Investigator.
b.
Any person who violates any provision of this chapter shall be subject
to a civil penalty for each offense of not more than the maximum penalty
pursuant to N.J.S.A. 40:49-5, which is $2,000 as of December 2014.
If the violation is of a continuing nature, each day during which
it occurs shall constitute an additional, separate, and distinct offense.
c.
Upon identification of a violation of this chapter the Noise Control
Officer or Noise Control Investigator shall issue an enforcement document
to the violator. The enforcement document shall identify the condition
or activity that constitutes the violation and the specific provision
of this chapter that has been violated. It shall also indicate whether
the violator has a period of time to correct the violation before
a penalty is sought.
d.
If the violation is deemed by the Noise Control Officer or Noise Control Investigator to be a minor violation (as defined in Section 32-2 of this chapter) a NOV shall be issued to the violator.
1.
The document shall indicate that the purpose of the NOV is intended
to serve as a notice to warn the responsible party/violator of the
violation conditions in order to provide them with an opportunity
to voluntarily investigate the matter and voluntarily take corrective
action to address the identified violation.
2.
The NOV shall identify the time period (up to 90 days), pursuant
to the Grace Period Law, N.J.S.A. 13:1D-125 et seq. where the responsible
party's/violator's voluntary action can prevent a formal enforcement
action with penalties issued by the Health Department. It shall be
noted that the NOV does not constitute a formal enforcement action,
a final agency action or a final legal determination that a violation
has occurred. Therefore, the NOV may not be appealed or contested.
e.
If the violation is deemed by the Noise Control Officer or Noise
Control Investigator to be a non-minor violation, the violator shall
be notified that if the violation is not immediately corrected, a
NOPA with a civil penalty of not more than the maximum penalty allowed
pursuant to N.J.S.A. 40:49-5, which is $2,000 as of December 2014,
will be issued. If a non-minor violation is immediately corrected,
a NOV without a civil penalty shall still be issued to document the
violation. If the violation occurs again (within 12 months of the
initial violation) a NOPA shall be issued regardless of whether the
violation is immediately corrected or not.
f.
The violator may request from the Noise Control Officer or Noise
Control Investigator, an extension of the compliance deadline in the
enforcement action. The Noise Control Officer or Noise Control Investigator
shall have the option to approve any reasonable request for an extension
(not to exceed 180 days) if the violator can demonstrate that a good
faith effort has been made to achieve compliance. If an extension
is not granted and the violation continues to exist after the grace
period ends, a NOPA shall be issued.
g.
The recipient of a NOPA shall be entitled to a hearing in a municipal
court having jurisdiction to contest such action.
h.
The Noise Control Officer or Noise Control Investigator may seek
injunctive relief if the responsible party does not remediate the
violation within the period of time specified in the NOPA issued.
i.
Any claim for a civil penalty may be compromised and settled based
on the following factors:
