It is the policy of the Borough of Alpha, County of Warren, State of
New Jersey, to prevent excessive sound that may jeopardize the health, welfare
or safety of the citizens or degrade the quality of life. This chapter shall
apply to the control of sound originating from either stationary or moving
sources within the limits of the Borough of Alpha.
The following definitions shall apply in the interpretation of this
chapter:
COMMERCIAL AREA
A group of commercial facilities and the abutting public rights-of-way
and public spaces.
COMMERCIAL FACILITY
Any premises, property or facility involving traffic in goods or
furnishing of services for sale or profit, including but not limited to:
A.
Banking and other financial institutions;
C.
Establishments for providing retail services;
D.
Establishments for providing wholesale services;
E.
Establishments for recreation and entertainment;
CONSTRUCTION
Any site preparation, assembly, erection, repair, alteration or similar
action, but excluding demolition of buildings or structures.
DECIBEL (dB)
Practical unit of measurement for sound-pressure level; the number
of decibels of a measured sound is equal to 20 times the logarithm to the
base 10 of the ratio of the sound pressure of the measured sound to the sound
pressure of a standard sound (20 micropascals); abbreviated "dB."
DEMOLITION
Any dismantling, intentional destruction or removal of buildings
and structures.
EMERGENCY WORK
Any work or action necessary to 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
or abating life-threatening conditions.
INDUSTRIAL FACILITY
Any activity and its related premises, property, facilities or equipment
involving the fabrication, manufacture or production of durable or nondurable
goods.
MOTOR VEHICLE
Any vehicle that is propelled or drawn on land by an engine or motor.
MUFFLER
A sound-dissipative device or system for abating the sound of escaping
gasses of an internal combustion engine.
NOISE
Any sounds of such level and duration as to be or tend to be injurious
to human health or welfare or which would unreasonably interfere with the
enjoyment of life or property throughout the Borough or in any portions thereof,
but excludes all aspects of the employer-employee relationship concerning
health and safety hazards within the confines of a place of employment.
NOISE CONTROL ADMINISTRATOR
The Noise Control Officer designated as the official liaison with
all municipal departments, empowered to grant permits for variances.
NOISE CONTROL OFFICER
An officially designated employee of the Borough, of a group of municipalities
or of the county, trained in the measurement of sound and empowered to issue
a summons for violation of this chapter.
NOISE DISTURBANCE
Any sound that endangers the safety or health of any person or disturbs
a reasonable person of normal sensitivities or endangers personal or real
property.
PERSON
Any individual, corporation, company, association, society, firm,
partnership, joint-stock company, the state or any political subdivision,
agency or instrumentality of the state.
PUBLIC RIGHT-OF-WAY
Any street, avenue, boulevard, road, highway, sidewalk or alley that
is leased, owned 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 the imaginary line, including its vertical extension, that
separates one parcel of real property from another or the vertical and horizontal
boundaries of a dwelling unit that is one in a multi-dwelling-unit building.
RESIDENTIAL AREA
A group of residential properties and the abutting public rights-of-way
and public spaces.
RESIDENTIAL PROPERTY
Property used for human habitation, including but not limited to
the following:
A.
Private property used for human habitation;
B.
Commercial living accommodations and commercial property used for human
habitation;
C.
Recreational and entertainment property used for human habitation; and
D.
Community service property used for human habitation.
SOUND LEVEL
The sound-pressure level measured in decibels with a sound-level
meter set for A-weighting; sound level is expressed in dBA.
SOUND-LEVEL METER
An instrument used to measure sound level and which conforms to Type
1 or Type 2 standards as specified by ANSI Specification S1.4-1971.
WEEKDAY
Any day, Monday through Friday, that is not a legal holiday.
The provisions of this chapter shall not apply to:
A. The emission of sound for the purpose of alerting persons
to the existence of an emergency.
B. The emission of sound in the performance of emergency work.
C. The emission of sound in situations within the jurisdiction of
the Federal Occupational Safety and Health Act.
D. Noise from municipally sponsored or approved celebration
or events.