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.
CONSTRUCTION
Any site preparation, assembly, erection, repair, alteration
or similar action, including demolition of buildings or structures.
DEMOLITION
Any dismantling, destruction or removal of buildings, structures,
or roadways.
DEPARTMENT
The New Jersey Department of Environmental Protection.
EMERGENCY WORK
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.
IMPULSIVE SOUND
Either a single pressure peak or a single burst (multiple
pressure peaks) that has a duration of less than one second.
MOTOR VEHICLE
Any vehicle that is propelled other than by human or animal
power on land.
MUFFLER
A properly functioning sound-dissipative device or system
for abating the sound of escaping gasses on equipment where such a
device is part of the normal configuration of the equipment.
MULTI-DWELLING-UNIT BUILDING
Any building comprising two or more dwelling units, including
but not limited to apartments, condominiums, co-ops, multiple-family
houses, townhouses, and attached residences.
MULTI-USE PROPERTY
Any distinct parcel of land that is used for more than one
category of activity. Examples include, but are not limited to:
A.
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
B.
A building which is both commercial (usually on the ground floor)
and residential property located above, behind, below or adjacent.
NOISE CONTROL OFFICER
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.
PLAINLY AUDIBLE
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 the 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.
PRIVATE RIGHT-OF-WAY
Any street, avenue, boulevard, road, highway, sidewalk, alley
or easement that is owned, leased, or controlled by a nongovernmental
entity.
PUBLIC RIGHT-OF-WAY
Any street, avenue, boulevard, road, highway, sidewalk, alley
or easement that is owned, leased, or controlled by a governmental
entity.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
PUBLIC SPACE
Any real property or structures thereon that are owned, leased,
or controlled by a governmental entity.
REAL PROPERTY LINE
Either:
A.
The imaginary line including its vertical extension that separates
one parcel of real property from another;
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, 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).
WEEKDAY
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.
WEEKEND
Beginning on Friday at 6:00 p.m. and ending on the following
Monday at 7:00 a.m.
[Amended 12-26-2006 by Ord. No. 2006-35; 7-22-2014 by Ord. No. 2014-21]
A. Applicability; exemptions.
(1) Except as provided in Subsection
B below, the provisions of this chapter shall not apply to the exceptions listed at N.J.A.C. 7:29-1.5.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2) Construction and demolition activities are exempt from the sound-level limits set forth in Tables I and II, except as provided for in Subsection
B below.
(3) Construction activities on
projects performed under the direction of federal, state, or local
public entities are exempt from the sound-level limits set forth in
Tables I and II, provided that the specifications for such projects
set an applicable sound-level limitation.
B. Notwithstanding the provisions
of Tables I and II, the following standards shall apply to the activities
or sources of sound set forth below:
(1) 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.
(2) Construction and demolition
activity, excluding emergency work, shall not be performed 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 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.
(3) Motorized snowblowers, snow
throwers, and lawn equipment with attached snowplows shall be operated
at all times with a muffler. At all times, the limits set forth in
Tables I and II do not apply.
(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. At all times, the limits set forth at Tables
I and II do not apply.
(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 8:00 a.m. and 10:00 p.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) Self-contained, portable,
hand-held music or sound amplification or reproduction equipment shall
not be operated on a residential property in such a manner as to be
plainly audible at a distance of 50 feet in any direction from the
property line 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 beyond the residential property line.
[Amended 12-26-2006 by Ord. No. 2006-35]
A. Violation of any provision of this chapter shall be cause for an enforcement document to be issued to the violator by the noise control officer according to procedures set forth at N.J.A.C. 7:29-1.7 or, in the case of prohibited acts specified in §
228-5, by any sworn police officer. The recipient of an enforcement document shall be entitled to a hearing in Municipal Court having jurisdiction to contest such action.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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.