[HISTORY: Adopted by the City Council of
the City of Cape May 3-20-2007 by Ord. No. 92-2007.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Alarm systems See Ch. 130.
Animals See Ch. 145.
Beaches and Boardwalk See Ch. 158.
Construction activities See Ch. 194.
Malls and plazas See Ch. 324.
Public health nuisances See Ch. 345.
Parks and recreation areas See Ch. 368.
Peace and good order See Ch. 373.
Idling of vehicles See Ch. 493.
Attachment 1 - Table I Maximum Permissible A-Weighted Sound Levels
Attachment 2 - Table II Maximum Permissible Octave Band Sound Pressure Levels in Decibels
Attachment 2 - Table II Maximum Permissible Octave Band Sound Pressure Levels in Decibels[1]
Editor's Note: This ordinance also repealed
former Ch. 340, Noise, adopted by Ord. No. 908-91 (Sec. 3-2 of the
1997 Revised General Ordinances), as amended.
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.
Any site preparation, assembly, erection, repair, alteration
or similar action, including demolition of buildings or structures.
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, 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.
Either a single pressure peak or a single burst (multiple
pressure peaks) that has a duration of less than one second.
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 of escaping gasses 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 of a multi-use property 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, 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 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.
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:
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 are part of a multidwelling unit building; or
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).
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.
Beginning on Friday at 6:00 p.m. and ending on the following
Monday at 8:00 a.m.
A.
This 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,[1] except that the testing of the electromechanical functioning
of a stationary emergency signaling device shall not meet or exceed
10 seconds.
[1]
Editor's Note: Former N.J.A.C. 7:29-1.3 was
recodified to 7:29-1.4 by R.2007 d.227, effective 8-6-2007.
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 certification or recertification course which is offered by
an accredited university and approved by the Department.
B.
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 § 340-4B and C of this regulation and with the definition of "real property line" as contained herein.
C.
Noise control officers shall have the power to:
(1)
Coordinate the noise control activities of all departments
in Cape May City and cooperate with all other public bodies and agencies
to the extent practicable;
(2)
Review the actions of Cape May City and advise of
the effect, if any, of such actions on 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 the sound levels set
forth in Tables I and II,[1] when measured at a receiving property located within the designated jurisdiction of the noise control officer, in accordance with § 340-7 below; and
[1]
Editor's Note: Tables I and II are included
at the end of this chapter.
(5)
Cooperate with noise control officers of adjacent
municipalities in enforcing one another's municipal noise ordinances.
A.
No person shall cause, suffer, allow, or permit the operation of any source of sound on any source property listed in § 340-2A above in such a 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,[1] except as specified in Subsection B below.
[1]
Editor's Note: Tables I and II are included
at the end of this chapter.
B.
When measuring total sound or residual sound within
a multi-use 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
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.
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 multi-use property (e.g., sound generated within
a commercial unit of a multi-use property building and received within
a residential unit of the same building) or multidwelling unit 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
level standards for indoors are as shown in Tables I and II.[2]
[2]
Editor's Note: Tables I and II are included
at the end of this chapter.
D.
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
impulsive sound and shall meet the requirements as shown in Table
I.[3]
[3]
Editor's Note: Table I is included at the end of this chapter.
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;
G.
Public roadways;
H.
Surface carriers engaged in commerce by railroad;
and
I.
The unamplified human voice.
A.
Violation of any provision of this chapter shall be
cause for an enforcement document to be issued to the violator by
the noise control officer according to procedures set forth at N.J.A.C.
7:29-1.6.[1] The recipient of an enforcement document shall be entitled
to a hearing in municipal court having jurisdiction to contest such
action.
[1]
Editor's Note: Former N.J.A.C. 7:29-1.6 was
recodified to 7:29-1.7 by R.2007 d.227, effective 8-6-2007.
B.
Any person who violates any provision of this chapter
shall be subject to a civil penalty for each offense of not more than
$1,000. 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.
D.
Any violation
of this chapter constitutes a breach of the peace.
[Added 7-3-2023 by Ord. No. 504-2023]
