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.
MULTIUSE 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.
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 multiuse property, the interface between
the two portions of the property on which different categories of
activity are being performed (e.g., if the multiuse 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 on the following Friday at 6:00 p.m.
WEEKENDS
Beginning on Friday at 6:00 p.m. and ending on the following
Monday at 7:00 a.m.
[Added 11-26-2013 by Ord. No. 5285]
The provisions of this chapter shall not apply
to the following exceptions:
A. The operational performance standards established
at N.J.A.C. 7:29-1.2 shall not apply to any of the following noise
sources:
(2) Bells, chimes or carillons, which may include electronic
devices that imitate the sounds of bells, chimes or carillons, while
being used in conjunction with religious services;
(3) Emergency energy-release devices;
(4) When public health or safety is involved, emergency
work to provide electricity, water, or other public utilities; to
conduct emergency construction or demolition work; to make emergency
repairs to public roadways or bridges; to address emergency incidents
such as cleanup of spills of hazardous materials; or, upon written
approval of authorized enforcement agency, to utilize sound-producing
devices to relocate wildlife;
(5) Motor vehicle racetrack facilities engaged in the
racing of motor vehicles;
(6) National Warning System (NAWAS): systems used to
warn the community of attack or imminent public danger such as flooding
or explosion. These systems are controlled by the New Jersey Department
of Law and Public Safety;
(7) Noise of aircraft flight operations;
(8) Public celebrations that are government-sponsored
or government-permitted events;
(10) Surface carriers engaged in commerce by railroad
when the noise sources in question are trains in motion, operating
retarders, train horns and whistles, or performing locomotive load
test cell stands;
(11) The unamplified human voice;
(12) Use of explosive devices: These are regulated
by the New Jersey Department of Labor and Workforce Development under
the 1960 Explosive Act (N.J.S.A. 21:1A-1 to 21:1A-21);
(13) Normal operation of a handgun, rifle, shotgun,
skeet-shooting or trapshooting range which has been maintained continuously
in the same location since January 24, 1972; or
(14) Emergency electricity generators at a residential,
industrial, commercial, or community service facility in use during
an electrical outage.