[HISTORY: Adopted by the Township Committee
(now Township Council) of the Township of Byram 10-2-1974 as Sec. 6-2 of the Revised
General Ordinances of 1974; amended in its entirety 12-20-1999 by Ord. No.
10-1999. Subsequent amendments noted where applicable.]
The title of this chapter shall be the "Byram
Township Noise Control Ordinance."
The following words and terms, when used in
this chapter, shall have the meanings set forth below. Terms not defined
in this chapter shall have the same meaning as those defined in N.J.A.C.
7:29, Noise Control.
Any site preparation, assembly, erection, repair, alteration
or similar action, including demolition, of buildings, structures
or roadways.
Any dismantling, destruction or removal of buildings, structures
or roadways.
The New Jersey Department of Environmental Protection.
Any work or action necessary to deliver essential public
services, including, but not limited to, repairing water, sewer, electric,
gas, telecommunications or public transportation facilities, removing
fallen trees on public rights-of-way, or abating life-threatening
conditions.
Sound of less than one-second duration, either a single pressure
peak or a single burst (multiple pressure peaks).
Any vehicle that is propelled on land other than by human
or animal power.
A properly functioning sound-dissipative device or system
for abating the sound of escaping gases on equipment where such a
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
sounds 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, behind, below or adjacent.
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.
Any sound that can be detected by a person using his or her
unaided hearing facilities. 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.
Any street, avenue, boulevard, road, highway, sidewalk, alley
or easement that is owned, leased or controlled by a nongovernmental
entity.
Any real property or structures thereon that are owned, leased
or controlled by a governmental entity.
Any street, avenue, boulevard, road, highway, sidewalk, alley
or easement that is 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;
The vertical and horizontal boundaries of a dwelling unit that
is part of a multidwelling unit building; or
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).
Any day that is not a federal holiday, beginning on Monday
at 7:00 a.m. and ending the following Friday at 6:00 p.m.
Beginning on Friday at 6:00 p.m. and ending on the following
Monday at 7:00 a.m.
A.
This noise chapter applies to sound from the following
property categories:
C.
Sound from stationary emergency signaling devices
shall be regulated in accordance with N.J.A.C. 7:29-1.3, except that
tests of the electromechanical functioning of a stationary emergency
signaling device shall not meet or exceed 10 seconds.
Excessive sound is a serious hazard to the public
health, welfare, safety and the quality of life, and a substantial
body of science and technology exists by which excessive sound may
be substantially abated. The people have a right to and should be
ensured of an environment free from excessive sound. Therefore, it
is the policy of the Township of Byram to prevent excessive sound
that may jeopardize the health, welfare or safety of the people or
degrade the quality of life. This chapter shall apply to the control
of sound originating from sources within the Township of Byram.
A.
The provisions of this chapter shall be enforced by
noise control officers. A person shall be qualified to be a noise
control officer if the person meets the criteria set forth in the
definition above and completes, at a frequency specified by the Department
in N.J.A.C. 7:29-2.11, a noise certification and recertification course
which are offered by the Department of Environmental Sciences of Cook
College, Rutgers, the State University of New Jersey, or any other
noise verification and recertification course which is offered by
an accredited university and approved by the Department.
C.
Noise control officers shall have the power to:
(1)
Coordinate the noise control activities of all departments
in the Township of Byram and cooperate with all other public bodies
and agencies to the extent practicable;
(2)
Review the actions of the Township of Byram and advise
of the effect, if any, of such actions upon noise control.
(3)
Review public and private projects, subject to mandatory
review or approval by other departments or boards, for compliance
with this chapter.
(4)
Investigate and pursue possible violations of this chapter for sound levels which equal or exceed those set forth in Tables I and II when measured at a receiving property located within the designated jurisdiction of the Noise Control Officer, in accordance with § 171-8 below.
(5)
Cooperate with noise control officers of adjacent
municipalities to enforce one another's noise control ordinances.
A.
No person shall cause, suffer, allow or permit the operation of any source of sound on any source property listed in § 171-3A above in such manner as to create a sound level that equals or exceeds the sound level limits set forth in Tables I and II when measured at or within the real property line of any of the receiving properties listed in Tables I and II, except as specified in § 171-6B below.
B.
When measuring total sound or residual sound within
a multiuse property, or within a residential unit when the property
line between it and the source property is a common wall, all exterior
doors and windows shall be closed and the measurements shall be taken
in the center of the room most affected by the noise. Residual sound
shall be measured in accordance with N.J.A.C. 7:29-2.9(b)2. When measuring
total sound or residual sound, all sound sources within the dwelling
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.
C.
Indoor measurements shall only be taken if the sound
source is on or within the same property as the receiving property,
as in the case of a multiuse property (e.g., sound generated within
a commercial unit of a multiuse property building and received within
a residential unit of the same building) or multidwelling building.
In addition, indoor measurements shall be taken if the property line
between the receiving property and the source property is a common
wall, such as in a multidwelling unit building. The allowable sound
levels for indoors are as shown on Tables I and II.
D.
Impulsive sound shall not equal or exceed 80 decibels
at any time.
|
TABLE I
Maximum Permissible A-Weighted Sound Levels
| |||
|---|---|---|---|
|
No person shall cause, suffer, allow or permit the operation of any source of sound on any source property (listed in § 171-3A, Applicability, above) in such a manner as to create a sound level that equals or exceeds the sound levels listed below.
| |||
|
A. Outdoors.
| |||
|
Receiving Property Category
|
Residential Property or Residential Portion
of a Multiuse Property
|
Commercial Facility, Public Service Facility,
Nonresidential Portion of a Multiuse Property or a Community Service
Facility
| ||
|---|---|---|---|---|
|
Time
|
7:00 a.m. - 10:00 p.m.
|
10:00 p.m. - 7:00 a.m.
|
24 hours
| |
|
Maximum A-weighted sound level standard, dB
|
65
|
50
|
65
| |
|
B. Indoors.
| |||
|
Receiving Property Category
|
Residential Property or Residential Portion
of a Multiuse Property
|
Commercial Facility,* or Nonresidential
Portion of a Multiuse Facility
| ||
|---|---|---|---|---|
|
Time
|
7:00 a.m. - 10:00 p.m.
|
10:00 p.m. - 7:00 a.m.
|
24 hours
| |
|
Maximum A-weighted sound level standard, dB
|
55
|
40
|
55
| |
|
*
|
In those instances when a commercial facility
shares a common wall/ceiling/floor with another commercial facility
that is producing the sound.
|
|
TABLE II
Maximum Permissible Octave Band
Sound Pressure Levels in Decibels
| |
|---|---|
|
A.
|
No person shall cause, suffer, allow or permit the operation of any source of sound on any source property listed in § 171-3A, Applicability, above, in such a manner as to create a sound pressure level that equals or exceeds the sound levels listed below in one or more octave bands.
|
|
B.
|
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 two dB in
the bands containing the principal source frequencies, discontinue
the measurements.
|
|
Receiving Property Category
|
Residential Property or Residential Portion
of Multiuse Property
|
Residential Property or Residential Portion
of Multiuse Property
|
Commercial Facility, Public Service Facility,
Nonresidential Portion of Multiuse Property, or Community Service
Facility
|
Commercial Facility*, or Nonresidential
Portion of Multiuse Property
| |||
|
Octave Band Center Fre- quency, Hz
|
Outdoors
Octave Band Sound Pressure Level, dB
|
Indoors
Octave Band Sound Pressure Level, dB
|
Outdoors
Octave Band Sound Pressure Level, dB
|
Indoors
Octave Band Sound Pressure Level, dB
| |||
|
Time
|
7:00 a.m. - 10:00 p.m.
|
10:00 p.m. - 7:00 a.m.
|
7:00 a.m. - 10:00 p.m.
|
10:00 p.m. - 7:00 a.m.
|
24 Hours
|
24 Hours
| |
|
31.5
|
96
|
86
|
86
|
76
|
96
|
86
| |
|
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
| |
|
*
|
In those instances when a commercial facility
shares a common wall/ceiling/floor with another commercial facility
that is producing the sound.
|
A.
The provisions of this chapter shall not apply to
any of the following noise sources pursuant to N.J.A.C. 7:29-1.4:
(1)
Agricultural activities;
(2)
Bells, chimes or carillons while being used in conjunction
with religious services;
(3)
Emergency energy-release devices;
(4)
Emergency work to provide electricity, water or other
public utilities when public health or safety is involved;
(5)
Motor vehicle racetracks;
(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 Office
of Emergency or Hazardous Spill Management, Division of State Police;
(7)
Noise of aircraft flight operations;
(8)
Public celebrations. Municipally sponsored or approved
celebrations or events, or noncommercial public speaking or public
assembly activity conducted on public spaces or public rights-of-way;
(9)
Public roadways;
(10)
Surface engaged in commerce by railroad;
(11)
The unamplified human voice;
(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.
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)
Noncommercial or nonindustrial power tools, landscaping
and yard maintenance equipment 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 and II. 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 noncommercial
or nonindustrial power tools and landscaping equipment;
(2)
Commercial or industrial power tools and landscaping
and yard maintenance equipment excluding emergency work shall not
be operated on residential property or within 250 feet of a residential
property when operated on a 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;
(3)
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 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 construction
and demolition activities;
(4)
Motorized snowblowers, snow throwers, and lawn equipment
with attached snowplows shall be operated at all times with a muffler;
(5)
An exterior burglar alarm on 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
within 15 minutes for impulsive sound after it has been activated;
(6)
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.;
(7)
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.;
(8)
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;
A.
Summons. Violation of any provision of this chapter
shall be cause for an enforcement document to be issued by the Noise
Control Officer to the violator according to procedures set forth
at N.J.A.C. 7:29-1.6. The recipient of an enforcement document shall
be entitled to a hearing in a municipal court having jurisdiction
to contest such action.
B.
Any person who violates any provision of this chapter
shall be subject to a civil penalty for each offense of not more than
$3,000. If the violation is of a continuing nature, each day during
which it occurs shall constitute an additional, separate and distinct
offense.
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.
