The following words and terms, when used in this Chapter
340, 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, or 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.
MULTIDWELLING 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 of a multi-use property 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 are part of a multidwelling 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 8:00 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 8:00 a.m.
The provisions of this Chapter
340 shall not apply to the following exceptions:
A. Bells, chimes or carillons while being used in conjunction
with religious services;
B. Emergency energy release devices;
C. When public health or safety is involved, emergency
work to provide electricity, water or other public utilities, to make
emergency repairs to public roadways or bridges, or upon written approval
of the authorized enforcement agency, to utilize sound-producing devices
to relocate wildlife;
D. 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;
E. Noise of aircraft flight operations;
F. Municipally sponsored or approved public celebrations
or events;
H. Surface carriers engaged in commerce by railroad;
and
I. The unamplified human voice.