A. 
This chapter applies to sound from the following property categories:
(1) 
Industrial facilities;
(2) 
Commercial facilities;
(3) 
Community service facilities;
(4) 
Residential properties;
(5) 
Multi-use properties;
(6) 
Public and private rights-of-way;
(7) 
Public spaces; and
(8) 
Multi-dwelling-unit buildings.
B. 
This chapter applies to sound received at the following property categories:
(1) 
Commercial facilities;
(2) 
Community service facilities (i.e., nonprofits and/or religious facilities);
(3) 
Residential properties;
(4) 
Multi-use properties; and
(5) 
Multi-dwelling-unit buildings.
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.
A. 
Except as provided in §§ 311-9 and 311-10 below, the provisions of this chapter shall not apply to the exceptions listed at N.J.A.C. 7:29-1.5.
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.
C. 
Construction and demolition activities are exempt from the sound level limits set forth in Tables I, II and III except as provided for in § 311-9 below.
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.
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 § 311-6B of this chapter and with the definition of "real property line" as contained herein.
B. 
When conducting indoor sound level measurements across a 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. 7:29-2.9(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.
A. 
No person shall cause, suffer, allow, or permit the operation of any source of sound on any source property listed in § 311-3A above in such a manner as to create a sound level that equals or exceeds the sound level limits set forth in Table I, II or III when measured at or within the real property line of any of the receiving properties listed in Table I, II or III except as specified in § 311-6B.
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.
Table I
Maximum Permissible A-Weighted Sound Levels When Measured Outdoors
Receiving Property Category
Time
Maximum A-Weighted Sound Level Standard
(dB)
Residential property or residential portion of a multi-use property
7:00 a.m. to 10:00 p.m.
65
10:00 p.m. to 7:00 a.m.
50
Commercial facility, nonresidential portion of a multi-use property, or community service facility
24 hours
65
Table II
Maximum Permissible A-Weighted Sound Levels When Measured Indoors
Receiving Property Category
Time
Maximum A-Weighted Sound Level Standard
(dB)
Residential property or residential portion of a multi-use property
7:00 a.m. to 10:00 p.m.
55
10:00 p.m. to 7:00 a.m.
40
Commercial facility or nonresidential portion of a multi-use property
24 hours
55
NOTE: Table II shall only apply when the source and the receptor are separated by a real property line and they also share a common or abutting wall, floor or ceiling, or are on the same parcel of property.
Table III
Maximum Permissible Octave Band Sound Pressure Levels in Decibels
Receiving Property Category
Time
Octave Band Sound Pressure Level (dB)
Octave Band Center Frequency
(Hz)
31.5
63
125
250
500
1,000
2,000
4,000
8,000
Residential property or residential portion of a multi-use property (outdoors)
7:00 a.m. to 10:00 p.m.
96
82
74
67
63
60
57
55
53
10:00 p.m. to 7:00 a.m.
86
71
61
53
48
45
42
40
38
Residential property or residential portion of a multi-use property (indoors)
7:00 a.m. to 10:00 p.m.
86
72
64
57
53
50
47
45
43
10:00 p.m. to 7:00 a.m.
76
61
51
43
38
35
32
30
28
Commercial facility, nonresidential portion of a multi-use property, or community service facility (outdoors)
24 hours
96
82
74
67
63
60
57
55
53
Commercial facility or nonresidential portion of a multi-use property (indoors)
24 hours
86
72
64
57
53
50
47
45
43
NOTE: When octave measurements are made, the sound from the source must be constant in level and character. If octave band sound pressure level variations exceed plus or minus 2 dB in the bands containing the principal source frequencies, discontinue the measurement.
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 § 311-6B 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
Time
Total Sound Level Increase
[dB(c)]
Weeknights, 10:00 p.m. to 7:00 a.m.; weekend nights, 11:00 p.m. to 9:00 a.m.
3
All other times
6
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 a residential property owner or tenant 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 Table I, II or III. At all other times, the limits set forth in Table 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, public employees) shall not be operated on a residential, commercial, industrial or public (e.g., golf course, parks, athletic fields) property between the hours of 6:00 p.m. and 8:00 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 Table I, II or III. At all other times the limits set forth in Table 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.
C. 
All 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 Table I, II or III. At all other times, the limits set forth in Table 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 Table 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 Table I, II or III do not apply.
F. 
Self-contained, portable, nonvehicular music or sound production devices 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, 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.
(3) 
It is an affirmative defense under this subsection that the dog or other animal was intentionally provoked to bark or make any other noise.
Violations of each subsection of this section shall be considered purposeful and therefore nonminor 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, 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.
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 § 311-2 of this chapter), an 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 Hamilton Township 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 nonminor 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 nonminor violation is immediately corrected, an 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:
(1) 
Mitigating or any other extenuating circumstances;
(2) 
The timely implementation by the violator of measures which lead to compliance;
(3) 
The conduct of the violator; and
(4) 
The compliance history of the violator.
A. 
If any provision or portion of a provision of this chapter is held to be unconstitutional, preempted by federal or state law, or otherwise invalid by any court of competent jurisdiction, the remaining provisions of the chapter shall not be invalidated.
B. 
All ordinances or parts of ordinances which are inconsistent with any provisions of this chapter are hereby repealed as to the extent of such inconsistencies.
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.