[HISTORY: Adopted by the Township Council of the Township of Brick 1-2-1979
by Ord. No. 355-79 (Ch. 204 of the 1989 Code). Amendments
noted where applicable.]
This chapter may be cited as the "Noise Ordinance of the Township of
Brick."
Excessive noise is a serious hazard to the public health and welfare
and the quality of life; and a substantial body of science and technology
exists by which excessive noise may be substantially abated; and the people
have a right to and should be ensured an environment free from noise that
may jeopardize their health or welfare or degrade the quality of life; and
the necessity in the public interest for the provisions and prohibitions hereinafter
contained and enacted is declared as a matter of legislative determination
and public policy; and the provisions and prohibitions hereinafter contained
and enacted are in pursuance of and for the purpose of securing and promoting
the public health, comfort, convenience, safety, welfare and the peace and
quiet of the inhabitants of the Township of Brick.
A.
Terminology and standards. All terminology used in this
chapter which is not defined below shall be in conformance with applicable
publications of the American National Standards Institute (ANSI) or its successor
body.
B.
AMBIENT NOISE LEVEL
A-WEIGHTED SOUND PRESSURE LEVEL
CONTINUOUS NOISE
CYCLICALLY VARYING NOISE
DECIBEL
DEPARTMENT
DEVICE
EMERGENCY VEHICLE
EMERGENCY WORK
FLUCTUATING NOISE
MOTORBOAT
MOTOR VEHICLE
MUFFLER
NOISE
NOISE DISTURBANCE
PERSON
PLAINLY AUDIBLE NOISE
POWERED MODEL VEHICLES
PROPERTY BOUNDARY
PUBLIC RIGHT-OF-WAY AND PUBLIC SPACE
PURE TONE
REPETITIVE IMPULSIVE NOISE
SOUND
SOUND LEVEL METER
SOUND PRESSURE
STATIONARY EMERGENCY SIGNALING DEVICE
STATIONARY NOISE SOURCE
STEADY NOISE
WEEKDAY
Definitions. As used in this chapter, the following terms
shall have the meanings indicated:
The sound pressure level of the all-encompassing noise associated
with a given environment, being usually a composite of sounds from many sources
and/or the A-weighted sound pressure level exceeded 90% of the time/L90 based
on a one-hour period.
The sound pressure level as measured in decibels on a sound level
meter using the A-weighting network. The level so read shall be designated
"dB(A)" or "dBA."
A steady, fluctuating or impact noise which exists, essentially without
interruptions, for a period of one hour or more.
A steady, fluctuating or impulsive noise which may or may not contain
a pure tone, which varies in sound pressure level such that the same level
is obtained repetitively at reasonably uniform intervals of time.
A logarithmic (dimensionless) unit of measure often used in describing
the amplitude of sound. "Decibel" is denoted as "dB."
Any municipal agency.
Any mechanism which is intended to produce or which actually produces
noise when operated or handled.
A motor vehicle used in response to a public calamity or to protect
persons or property from imminent danger.
Work made necessary to restore property to a safe condition following
a public calamity, work to restore public utilities or work required to protect
persons or property from an imminent exposure to danger.
The sound pressure level of a "fluctuating noise" varies more than
six dB(A)'s during the period of observation when measured with the slow meter
characteristic of a sound level meter and does not equal the previously existing
ambient noise level more than once during the period of observation.
Any vehicle which is primarily operated on water or which does operate
on water, such as boats, barges, amphibious craft or Hovercraft, and which
is at any time propelled by mechanical power.
Any vehicle which is propelled or drawn by mechanical equipment,
such as but not limited to passenger cars, trucks, truck-trailers, semi-trailers,
campers, motorcycles, minibikes, go-carts, snowmobiles, amphibious craft on
land, dune buggies or racing vehicles.
Any apparatus consisting of baffles, chambers or acoustical absorbing
materials whose primary purpose is to transmit liquids or gases while causing
a reduction in sound emission at one end.
Any sound which is unwanted or which causes or tends to cause an
adverse psychological effect on human beings.
Any sound which annoys, disturbs or perturbs reasonable persons with
normal sensitivities or any sound which injures or endangers the comfort,
repose, health, hearing, peace or safety of other persons.
Any individual, association, partnership or corporation, and includes
any officer, employee, department, agency or instrumentality of the United
States, a state or any political subdivision of that state.
Any noise for which the information content of that noise is unambiguously
communicated to the listener, such as but not limited to understandable spoken
speech or comprehensible musical rhythms.
Any power vehicles, either airborne, waterborne or landborne, which
are designed not to carry persons or property, such as but not limited to
model airplanes, boats, cars and rockets, and which can be propelled by mechanical
means.
An imaginary line at the ground surface which separates the real
property owned by one person from that owned by another person, and its vertical
extension.
Any street, avenue, boulevard, highway, alley or public space which
is owned or controlled by a public government entity.
Any noise which can be distinctly heard as a single pitch or a set
of single pitches. For the purposes of measurement, a pure tone shall exist
if the one-third octave band sound pressure level in the band with the tone
exceeds the arithmetic average of the sound pressure levels of the two contiguous
one-third octave bands by five dB's for frequencies of 500 hertz and above,
by eight dB's for frequencies between 160 and 400 hertz and by 15 dB's for
frequencies less than or equal to 125 hertz.
Any noise which is composed of impulsive noises that are repeated
at sufficiently slow rates such that a sound level meter set at fast meter
characteristic will show changes in sound pressure level greater than two
dB(A)'s.
A temporal and spatial oscillation in pressure or other physical
quantity in a medium with internal forces that causes compression and rarefaction
of that medium and which propagates at finite speed to distant points.
An instrument, which includes a microphone, amplifier, RMS detector,
integrator or time averager, output meter and weighting networks used to measure
sound pressure levels.
The instantaneous difference between the actual pressure and the
average or barometric pressure at a given point in space.
Any device, excluding those attached to motor vehicles, used to alert
persons engaged in emergency operations. These include but are not limited
to fire fighters, first aid squad members and law enforcement officers, whether
paid or volunteer.
Any device, fixed or movable, which is located or used on geographically
defined real property other than a public right-of-way.
A sound pressure level which remains essentially constant during
the period of observation, i.e., the fluctuations are too small to meet the
criterion for fluctuating noise.
Any Monday, Tuesday, Wednesday, Thursday or Friday which is not a
legal holiday.
It shall be the duty and responsibility of the Police Department of
the Township of Brick to enforce the provisions of this chapter.
Violation of this chapter shall be cause for summons and complaint to
be issued forthwith; provided, however, that if the noise source is not a
motor vehicle moving on a public right-of-way, in lieu of a summons and complaint,
enforcement personnel may issue a twenty-four-hour notice, in writing, which
may be served personally or by certified mail to the last known address of
the person or persons in charge of or in control of the device, building or
premises, to abate said violation of this chapter. Failure to comply with
the order so issued and served shall constitute a violation of this chapter.
In order to implement the purposes of this chapter, the Police Department
of the Township of Brick shall have the power to:
A.
Conduct or cause to be conducted studies, research and
monitoring related to noise.
B.
Conduct programs of public education regarding the causes
and effects of noise but not giving specific advice for its abatement and
to encourage the participation of public interest groups in related public
information efforts.
C.
For reasonable cause and upon presentation of proper
credentials, enter any building, property, premises or place and inspect any
noise source for the purpose of ascertaining the compliance or noncompliance
with any provision of this chapter or have access to and require the production
of books and papers pertinent to any matter under investigation.
D.
Require the owner or operator of any noise source to
establish and maintain records and make such reports as the Police Department
may reasonably prescribe.
E.
Require the owner or operator of any noise source to
measure the noise emissions thereof in accordance with such methods and procedures
and at such locations and times as the Police Department may reasonably prescribe.
A.
General prohibitions. It shall be unlawful for any person
to make, continue or cause to be made or continued or caused any excessive
or unusually loud noise or to create a noise disturbance within the limits
of the Township of Brick.
B.
Specific prohibitions. The following acts, among others,
are declared to be loud, disturbing or excessive noise in violation of this
chapter, but said enumeration shall not be deemed to be exclusive, namely:
(1)
Horns and signaling devices: the sounding of any horn
or signaling device on any motor vehicle on any public right-of-way, except
as a danger warning signal or as provided in the vehicle code of the State
of New Jersey.
(2)
Radios, television sets and similar devices:
(a)
Operating or permitting the use or operation of any radio
receiving set, musical instrument, television, phonograph, drum or other device
for the production or reproduction of sound in such a manner as to cause a
noise disturbance; or
(b)
Operating any such device between the hours of 11:00
p.m. and 7:00 a.m. the following day in such a manner as to be plainly audible
across real property boundaries or through partitions common to two parties
within a building or plainly audible at 50 feet from such device when operated
within a motor vehicle parked on a public right-of-way or on a public space
or within a motorboat.
(3)
Exterior loudspeakers; using or operating any mechanical
device or loudspeaker in a fixed or movable position exterior to any building
or mounted upon any aircraft, motor vehicle or motorboat such that the sound
therefrom is plainly audible at or beyond the property boundary of the source
or on a public way between the hours of 11:00 p.m. and 7:00 a.m. the following
day.
(4)
Animals: owning, keeping, possessing or harboring any
animal or animals which, by frequent or habitual howling, barking, meowing,
squawking or other noisemaking, cause a noise disturbance. The provisions
of this section shall also apply to all private or public facilities, including
any animal pounds, which hold or treat animals.
(5)
Loading operations: loading, unloading, opening or otherwise
handling boxes, crates, containers, garbage cans or otherwise similar objects
between the hours of 6:00 p.m. and 7:00 a.m. the following day in such a manner
as to cause a noise disturbance.
(6)
Construction noise: operating or causing to be operated
any equipment used in commercial construction, repair, alteration or demolition
work on buildings, structures, streets, alleys or appurtenances thereto in
residential or commercial land use categories between the hours of 6:00 p.m.
and 7:00 a.m. the following day on weekdays, between 6:00 p.m. Saturday night
and 7:00 a.m. Monday morning and on legal holidays.
(7)
Vehicle repairs or testing: repairing, rebuilding, modifying or testing any motor vehicle, off-road vehicle or motorboat in or near a residential use district in such a manner as to cause a noise disturbance or violate the provisions of § 281-9.
(8)
Places of public entertainment; operating or permitting
to be operated any loudspeaker or other source of sound in any place of public
entertainment which produces maximum levels of 90 dB(A)'s at any point that
is normally occupied by a human being, as read with the slow response on a
sound level meter, without a conspicuous and legible sign located outside
such place, near the entrance, stating "WARNING, SOUND ENVIRONMENT WITHIN
MAY CAUSE TEMPORARY HEARING IMPAIRMENT WHICH MAY BECOME PERMANENT WITH CONTINUED
EXPOSURE."
(9)
Powered model vehicles: operating or permitting the operation of powered model vehicles between the hours of 8:00 p.m. and 8:00 a.m. the following morning. Maximum sound pressure levels during the permitted period of operation shall conform to those set forth in Table 1 of § 281-9 of this chapter and shall be measured at the property boundary of the source or at a distance of 100 feet if it is operated in a public place.
(10)
Refuse compacting vehicles: the operating or permitting
the operation of any motor vehicle which can compact refuse and which creates,
during the compacting cycle, a disturbing noise between the hours of 6:00
p.m. and 6:00 a.m. the following day in residential use districts.
(11)
Standing motor vehicles: operating or permitting the
operation of the motor of any motor vehicle whose manufacturer's gross weight
is in excess of 10,000 pounds or any attached auxiliary equipment for a period
longer than three minutes in any hour while such vehicle is stationary on
a public right-of-way in a residential district or in any designated quiet
zone or is on private property in a residential or commercial zone and is
not within a completely enclosed structure.
(12)
Bells and alarms: the sounding or permitting the sounding
of any exterior burglar alarm on any building or motor vehicle, unless such
burglar alarm shall terminate its operation within 15 minutes of its being
activated. Any motor vehicle upon which a burglar alarm has been installed
shall prominently display the telephone number at which communication may
be made with the owner of such motor vehicle.
(13)
Stationary emergency signaling devices: testing of only
the electromechanical functioning of a stationary emergency signaling device
shall occur at the same time each day that a test is performed, but not before
7:00 a.m. or after 8:00 p.m. Any such testing shall only use the minimum cycle
test time.
(14)
Operating or permitting to be operated any powered saw,
sander, drill, grinder, garden equipment or tools of like nature, used primarily
for domestic purposes, outdoors in residential zones between the hours of
8:00 p.m. and 8:00 a.m. the following day.
(15)
Operating or permitting the use of any power propelled
vehicle, recreational device or motorized vehicle, including but not limited
to passenger cars, trucks, campers, motorcycles, minibikes, go-carts, snowmobiles,
amphibious craft, dune buggies, racing vehicles, water ski towing devices
and motorboats, in such a manner as to create a noise disturbance.
A.
Noise caused in the performance of emergency work for
the immediate safety, health or welfare of the community or individuals of
the community or to restore property to a safe condition following a public
calamity shall not be subject to the provisions of this chapter. Nothing in
this section shall be construed to permit law enforcement, ambulance, fire
or other emergency personnel to make excessive noise in the performance of
their duties when such noise is clearly unnecessary. The use of stationary
emergency signaling devices shall be for emergency use only.
B.
The New Jersey Department of Transportation, its agents,
employees, contractors and subcontractors shall be excepted from the provisions
of this chapter for the purpose of the reconstruction of Route 70, provided
that such exception shall only extend to allowing contractors to commence
work at 6:30 a.m. This exception shall end once the New Jersey Department
of Transportation completes the Route 70 project.
[Added 11-28-1995 by Ord. No. 355-B-95]
C.
In the event any party requires a waiver or amendment
from the provisions of this chapter which regulate the permitted hours for
operating construction equipment, the party may apply to the Township Council,
which may adopt a resolution temporarily waiving or amending the provisions
of this chapter applicable to the particular project.
[Added 8-24-1999 by Ord. No. 355-C-99]
[Amended 10-23-1984 by Ord. No. 355-A-84]
It shall be unlawful for any person to operate or permit to be operated
any stationary source of noise in such a manner as to create a sound pressure
level which exceeds the limits set forth for the receiving land use (land
use category) in Table 1 when measured at the property boundary. When a noise
source can be identified and its noise measured in more than one land use
category, the limits of the more restrictive use shall apply at the boundaries
between different land use categories.
|
TABLE I
| ||
|---|---|---|
|
Receiving Land Use Category
|
Time
|
Sound Pressure Level Limit
[dB(A)]
|
|
R-R, R-20, R-15 and R-10
|
7:00 a.m. to 10:00 p.m.
|
55
|
|
R-7.5, R-5 and R-M (residential zones)
|
10:00 p.m. 7:00 a.m.
|
50
|
|
B-1, B-2, B-3 and O-P (business and professional zones)
|
At all times
|
65
|
|
M-1 Light Industrial Zone
|
At all times
|
75
|
A.
Maximum permissible noise levels for motor vehicles on
public rights-of-way.
(1)
No person shall operate a motor vehicle on a public right-of-way at any time in such a manner that the sound pressure level emitted by said vehicle exceeds the levels set forth in Table II when measured at the location established by Subsection A(2) of this section. This section shall apply to all motor vehicles, whether publicly or privately owned, that are duly licensed.
|
TABLE II
| |||
|---|---|---|---|
|
Sound Pressure Level [dB(A)]
| |||
|
Vehicle Class
|
Speed Limit of 35 MPH or Less
|
Speed Limit of 35 MPH or More
| |
|
Federally registered interstate motor carrier
|
86
|
90
| |
|
All other motor vehicles with a manufacturer's gross vehicle rating
of 10,000 pounds or more, and any combination of vehicles towed by such motor
vehicle
|
92
|
96
| |
|
Motorcycle
|
88
|
92
| |
|
Any other motor vehicle and any combination of vehicles towed by such
motor vehicle
|
82
|
88
| |
(2)
Measurement distance. For the purpose of Subsection A(1) of this section, the standard measurement height shall be four feet (1.2 meters), and the standard horizontal measurement distance from the center line of the traffic lane being monitored shall be 50 feet (15 meters). Whenever it is not feasible to use 50 feet, the distance may be shortened to 25 feet (7.5 meters), in which case the values in Table II of Subsection A(1) shall be increased by six dB(A)'s.
B.
Maximum permissible noise levels for vehicles operating off public rights-of-way. No person shall operate a power-propelled vehicle or recreational device off a public right-of-way in such a manner that the sound pressure level emitted therefrom exceeds the limits set forth in Table III when measured at the locations set forth in Subsection A(2) above. This section shall apply to all motorized vehicles and recreational devices, whether publicly or privately owned or whether or not duly registered or licensed, including but not limited to passenger cars, trucks, campers, motorcycles, minibikes, go-carts, snowmobiles, amphibious craft, dune buggies, racing vehicles, water ski towing devices and motorboats.
|
TABLE III
| ||
|---|---|---|
|
Vehicle Class
|
Sound Pressure Level [dB(A)]
| |
|
Motorboats
|
86
| |
|
All other vehicles
|
83
| |
No zoning change, adjustment, variance or exception which affects the
land use categories will be permitted, unless the use to be allowed does not
violate the provisions of this chapter.
No person shall sell or rent or cause to be sold or rented any structure to be used for habitation, outside of which structure the sound pressure levels are in excess of those permitted under § 281-9, without making full disclosure to all potential buyers or renters of the existence of such noise disturbance.
[Amended 3-14-1989 by Ord. No. 666-89[1]]
Any person, firm or corporation who shall be found guilty of violating
any provision of this chapter shall, for each offense, be liable for a civil
penalty of not more than $3,000, pursuant to N.J.S.A. 13:1G-14. Each day of
such violation's continuance shall be considered as a separate offense and
shall be separately punishable.
The operation or maintenance of any noise source in violation of any
provision of this chapter shall be deemed and is declared to be a public nuisance
and may be subject to abatement summarily by a restraining order or injunction
issued by a court of competent jurisdiction or in any other manner available
for the abatement of public nuisances.
A.
Any remedy available pursuant to this chapter shall be
considered separate and not exclusive of any other remedy available hereunder.
B.
Nothing in this chapter shall be construed to impair
any cause of action or legal remedy therefor of any person for injury or damage
arising from any violation of this chapter.
