[HISTORY: 1984 Code §§ 97-1—97-11 as
amended through December 31, 2016. Amendments noted where applicable.]
The City of South Amboy hereby adopts the State Noise Pollution
Code pursuant to the County Environmental Health Act (N.J.S.A. 26:3A2-21),
a copy of which is on file with the Commissioner of the New Jersey
Department of Environmental Protection, Division of Compliance and
Enforcement, Office of Local Environmental Management.
A copy of said Noise Pollution Code shall remain on file with
the Office of the City Clerk.
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 an
environment free from excessive sound;
Now, therefore, it is the policy of the City of South Amboy
to prevent excessive sound that may jeopardize the health, welfare
or safety of the citizens or degrade the quality of life.
B.
This Article shall apply to the control of sound originating from
stationary sources within the limits of the City of South Amboy.
A group of commercial facilities and the abutting public
rights-of-way and public spaces.
Any premises, property or facility involving traffic in goods
or furnishing of services for sale or profit, including but not limited
to:
Any site preparation, assembly, erection, repair, alteration
or similar action, but excluding demolition of buildings or structures.
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.
Any dismantling, intentional destruction or removal of buildings
or structures.
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.
Any activity and its related premises, property, facilities
or equipment involving the fabrication, manufacture or production
of durable or nondurable goods.
Any vehicle that is propelled or drawn on land by an engine
or motor.
A sound-dissipative device or system for abating the sound
of escaping gases of an internal combustion engine.
Any building wherein there are two or more dwelling units.
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.
The noise control officer designated as the official liaison
with all municipal departments, empowered to grant permits for variances.
The Code Enforcement Officer shall be the "noise control administrator."
An officially designated employee of the municipality, of
a group of municipalities or of the county, trained in the measurement
of sound and empowered to issue a summons for violations of this Article.
The Health Officer or his designee, the Police Department, the Code
Enforcement Officer or his designee and the Middlesex County Department
of Health or its designee shall be the "noise control officers" in
the City of South Amboy.
Any sound that endangers the safety or health of any person;
or disturbs a reasonable person of normal sensitivities; or endangers
personal or real property.
Any individual, corporation, company, association, society,
firm, partnership, joint-stock company, the state or any political
subdivision, agency or instrumentality of the state.
Any street, avenue, boulevard, road, highway, sidewalk or
alley that is leased, owned or controlled by a governmental 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; or the vertical
and horizontal boundaries of a dwelling unit that is one in a multi-dwelling-unit
building.
A group of residential properties and the abutting public
rights-of-way and public spaces.
Property used for human habitation, including but not limited
to:
The sound pressure level measured in decibels with a sound
level meter set for A-weighting; "sound level" is expressed in dBA.
An instrument used to measure sound level and conforms to
Type 1 or Type 2 standards as specified by ANSI specification S1.4-1971.
Any day, Monday through Friday, that is not a legal holiday.
A.
The provisions of this Article shall be enforced by the noise control
officers.
B.
The noise control administrator shall have the power to:
(1)
Coordinate the noise control activities of all municipal departments
and cooperate with all other public bodies and agencies to the extent
practicable.
(2)
Review the actions of other municipal departments and advise such
departments 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
Article.
C.
The noise control administrator shall consult with the airport proprietor
to recommend changes in airport operations to minimize any noise which
the airport owner may have the authority to control in its capacity
as proprietor. The noise control administrator shall report on his/her
efforts to the governing body.
D.
A person shall be qualified to be 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 and the State University;
(2)
A program of tutoring and on-the-job training offered by the New
Jersey Department of Environmental Protection, Office of Local Environmental
Management to its employees; or
A.
All departments and agencies of the City of South Amboy shall carry
out their programs according to law and shall cooperate with the noise
control administrator in the implementation and enforcement of this
Article.
B.
All departments charged with new projects or changes to existing
projects that may result in the production of noise shall consult
with the noise control administrator prior to the approval of such
projects to ensure that such activities comply with the provisions
of this Article.
A.
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 Subsection A(1).
Table I is included as an attachment to this chapter.
(1)
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.
B.
The following are exempt from the sound level limits of Table I:
(1)
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 that they produce less than 84 dBA at or within
any real property line of a residential property.
(2)
Sound from church bells and church chimes when a part of a religious
observance or service.
(3)
Noise from construction activity, provided that all motorized equipment used in such activity is equipped with functioning mufflers, except as provided in Section 97-8B(6).
(4)
Noise from snowblowers, snow throwers and snowplows when operated
with a muffler for the purpose of snow removal.
(5)
Noise from stationary emergency signaling devices that conforms with
the provisions of N.J.A.C. 7:29.
(6)
Noise from an exterior burglar alarm of any building or motor vehicle,
provided that such burglar alarm shall terminate its operation within
15 minutes after it has been activated.
A.
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 section.
B.
No person shall cause, suffer, allow or permit the following acts:
(1)
Sound reproduction systems: 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.
(2)
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. of the following day, such that the sound
therefrom creates a noise disturbance across a residential real property
line.
(3)
Animals and birds: owning, possessing or harboring any pet animal
or pet bird that frequently or for a continued duration makes sounds
that create a noise disturbance across a residential real property
line [for the purpose of this section, a "noise disturbance" from
a barking dog shall be defined as that created by a dog barking continually
for 10 minutes or intermittently for 30 minutes unless provoked].
(4)
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 6:00 p.m. and 8:00
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.
(5)
Standing motor vehicles: operating or permitting the operation of
any motor vehicle whose manufacturers gross weight is in excess of
10,000 pounds or any auxiliary equipment attached to such a vehicle
for a period of longer than five 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. of the following day.
(6)
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 7:00 p.m. and 7:00 a.m., Monday through Saturday, and at no time between 7:00 p.m. on Saturday to 7:00 a.m. on Monday or legal holidays, provided that such equipment when used shall be equipped with a functioning muffler, except for emergency work; by variance issued pursuant to Section 97-10; or when the sound level does not exceed any applicable limit specified in Table I. (Ord. No. 15-2004)
A.
B.
Noise from municipally sponsored or approved celebrations or events
shall be exempt from the provisions of this Article.
A.
Application for variance.
(1)
Any person who owns or operates any stationary noise source may apply
to the noise control administrator for a variance from one or more
of the provisions of this Article. Applications for a permit of variance
shall supply information, including but not limited to:
(a)
The nature and location of the noise source for which such application
is made.
(b)
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.
(c)
The nature and intensity of noise that will occur during the
period of the variance.
(d)
The section or sections of this Article for which the permit
of variance shall apply.
(e)
A description of interim noise control measures to be taken
by the applicant to minimize noise and the impacts occurring therefrom.
(f)
A specific schedule of the noise control measures which shall
be taken to bring the source into compliance with this Article within
a reasonable time.
(2)
Failure to supply the information required by the noise control administrator
shall be cause for rejection of the application.
(3)
A copy of the permit of variance must be kept on file by the Municipal
Clerk for public inspection.
B.
The noise control administrator may charge the applicant a fee of
$25 to cover expenses resulting from the processing of the permit
of variance application.
C.
The noise control administrator may, at his/her 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.
D.
No variance shall be approved unless the applicant presents adequate
proof that noise levels occurring during the period of the variance
will not constitute a danger to public health and that compliance
with this Article would impose an arbitrary or unreasonable hardship
upon the applicant without equal or greater benefits to the public.
In making the determination on granting a variance, the noise control
administrator 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 the best practical noise control
measures.
E.
The permit of variance may be revoked by the noise control administrator
if the terms of the permit of variance are violated.
F.
A variance may be revoked by the noise control administrator if there
is:
A.
Issuance of summons. Violation of any provision of this Article shall
be cause for a summons to be issued by the noise control officer.
The following are designated noise control officers:
B.
Abatement orders.
(1)
Except as provided in Subsection B(2), in lieu of issuing a summons as provided in Subsection A, the noise control officer may issue an order requiring abatement of any source of sound alleged to be in violation of this Article within a reasonable time period and according to guidelines which the noise control officer may prescribe.
(2)
An abatement order shall not be issued if any person willfully or
knowingly violates any provision of this Article; or if the noise
control officer has reason to believe that there will not be compliance
with the abatement order.
C.
D.
Other remedies. No provision of this Article 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 Article or from other law.
