[HISTORY: Adopted by the Board of Health of the City of Linden 10-24-2023 by Ord. No. 2023-08. Amendments noted where applicable.]
a.
Whereas excessive sound is a serious hazard to the public health,
welfare, safety, and the quality of life; 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
of, an environment free from excessive sound;
b.
Now therefore, it is the policy of the Board of Health of the City
of Linden to prevent excessive sound that may jeopardize the health,
welfare, or safety of the citizens or degrade the quality of life;
and
c.
This chapter shall apply to the control of sound originating from
sources within the City of Linden.
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 meanings
as those defined in N.J.A.C. 7:29.
Any site preparation, assembly, erection, repair, alteration
or similar action of buildings or structures.
The sound level as measured using the C-weighting network
with a sound level meter meeting the standards set forth in ANSI SI.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.
Any dismantling, destruction or removal of buildings, structures,
or roadways.
The New Jersey Department of Environmental Protection.
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.
Either a single pressure peak or a single burst (multiple
pressure peaks) that has a duration of less than one second.
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.
Any vehicle that is propelled other than by human or animal
power on land.
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.
Any building comprising two or more dwelling units, including,
but not limited to, apartments, condominiums, co-ops, multiple-family
houses, townhouses, and attached residences.
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.
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 this chapter 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.
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.
Any sound that can be detected by an 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.
Any street, avenue, boulevard, road, highway, sidewalk, alley
or easement that is owned, leased, or controlled by a nongovernmental
entity.
Any street, avenue, boulevard, road, highway, sidewalk, alley
or easement that is owned, leased, or controlled by a governmental
entity.
Any real property or structures thereon that are owned, leased,
or controlled by a governmental entity.
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).
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.
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.
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.
Begins on Friday at 6:00 p.m., and ends on the following
Monday at 7:00 a.m.
b.
Sound production devices required or sanctioned under the Americans
with Disabilities Act (ADA),[1] 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.
[1]
Editor's Note: See 42 U.S.C. § 12101.
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 § BH5-6b 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 § BH5-3a 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 § BH5-6b.
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 fewer 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
|
Residential Property, or Residential Portion of a Multi-Use
Property
|
Commercial Facility, Nonresidential Portion of a Multi-Use Property,
or Community Service Facility
| |
|
Time
|
7:00 a.m. to
10:00 p.m.
|
10:00 p.m. to
7:00 a.m.
|
24 Hours
|
|
Maximum A-weighted sound level standard, dB
|
65
|
50
|
65
|
|
Table II
Maximum Permissible A-Weighted Sound Levels When Measured Indoors
| |||
|---|---|---|---|
|
Receiving Property Category
|
Residential Property, or Residential Portion of a Multi-Use
Property
|
Commercial Facility or Nonresidential Portion of a Multi-Use
Property
| |
|
Time
|
7:00 a.m. to
10:00 p.m.
|
10:00 p.m. to
7:00 a.m.
|
24 Hours
|
|
Maximum A-weighted sound level standard, dB
|
55
|
40
|
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
| ||||||
|---|---|---|---|---|---|---|
|
Octave Band Sound Pressure Level, dB
| ||||||
|
Receiving Property Category
|
Residential Property, or Residential Portion of a Multi-Use
Property
OUTDOORS
|
Residential Property, or Residential Portion of a Multi-Use
Property
INDOORS
|
Commercial Facility, Nonresidential Portion of a Multi-Use Property,
or Community Service Facility
OUTDOORS
|
Commercial Facility or Nonresidential Portion of a Multi-Use
Property
INDOORS
| ||
|
Octave Band Center Frequency, Hz.
|
7:00 a.m. to 10:00 p.m.
|
10:00 p.m. to 7:00 a.m.
|
7:00 a.m. to 10:00 p.m.
|
10:00 p.m. to 7:00 a.m.
|
24 hours
|
24 hours
|
|
31.5
|
96
|
86
|
86
|
76
|
96
|
86
|
|
63
|
82
|
71
|
72
|
61
|
82
|
72
|
|
125
|
74
|
61
|
64
|
51
|
74
|
64
|
|
250
|
67
|
53
|
57
|
43
|
67
|
57
|
|
500
|
63
|
48
|
53
|
38
|
63
|
53
|
|
1,000
|
60
|
45
|
50
|
35
|
60
|
50
|
|
2,000
|
57
|
42
|
47
|
32
|
57
|
47
|
|
4,000
|
55
|
40
|
45
|
30
|
55
|
45
|
|
8,000
|
53
|
38
|
43
|
28
|
53
|
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 § BH5-6b 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
| |
|---|---|
|
Weeknights 10:00 p.m. to 7:00 a.m.
Weekend nights 11:00 p.m. to 9:00 a.m.
|
All other times
|
|
3 dB(C)
|
6 dB(C)
|
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 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.
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 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.
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 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 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 operated on a public space or public right-of-way
shall not be plainly audible at a distance of 25 feet in any direction
from the operator.
g.
Noise from
domesticated or caged animals.
1.
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:
(a)
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
(b)
Vocalizing
for 20 minutes intermittently, defined as an average of two vocalizations
or more per minute in that period.
2.
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,
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.
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 § BH5-2 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 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,
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:
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.
This chapter shall take effect upon final passage in accordance
with law.
