The following words and terms, when used in this chapter, 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 of buildings or structures.
dBC
The sound level as measured using the C weighting network
with a sound level meter meeting the standards set forth in ANSI S1.4-1983
or its successors. The unit of reporting is dB(C). The C weighting
network is more sensitive to low frequencies than is the A weighting
network.
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 at the site of an emergency
to restore or 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, dredging navigational waterways, or abating life-threatening
conditions or a state of emergency declared by a governing agency.
IMPULSIVE SOUND
Either a single pressure peak or a single burst (multiple
pressure peaks) that has a duration of less than one second.
MINOR VIOLATION
A violation that is not the result of the purposeful, reckless
or criminally negligent conduct of the alleged violator; and/or the
activity or condition constituting the violation has not been the
subject of an enforcement action by any authorized local, county or
state enforcement agency against the violator within the immediately
preceding 12 months for the same or substantially similar violation.
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 on engines or equipment where such device is
part of the normal configuration of the equipment.
MULTI-DWELLING-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 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, below or otherwise
adjacent to.
NOISE CONTROL INVESTIGATOR (NCI)
An employee of a municipality, county or regional health
commission that has a Department-approved model noise control ordinance
and the employee has not received noise enforcement training as specified
by the Department in N.J.A.C. 7:29. However, they are knowledgeable
about their model noise ordinance and enforcement procedures. A Noise
Control Investigator may only enforce sections of the ordinance that
do not require the use of a sound level meter. The employee must be
acting within his or her designated jurisdiction and must be authorized
to issue a summons. Police officers may function as a Township NCI
where the use of a sound level meter is not required or indicated.
[Amended 11-23-2020 by Ord. No. 1390]
NOISE CONTROL OFFICER (NCO)
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 an employee of a municipality with a Department-approved model
noise control ordinance. All NCOs must receive noise enforcement training
as specified by the Department in N.J.A.C. 7:29 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.
PLAINLY AUDIBLE
Any sound that can be detected by a NCO or an NCI using his
or her unaided hearing faculties of normal acuity. As an example,
if the sound source under investigation is a portable or vehicular
sound amplification or reproduction device, the detection of the rhythmic
bass component of the music is sufficient to verify plainly audible
sound. The NCO or NCI 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 the vertical boundary that separates one parcel of
property (i.e., lot and block) from another residential or commercial
property; the vertical and horizontal boundaries of a dwelling unit
that is part of a multi-dwelling-unit building; or on a multi-use
property as defined herein, the vertical or horizontal boundaries
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, or if there is an outdoor sound source
such as an HVAC unit on the same parcel of property, the boundary
line is the exterior wall of the receiving unit). Note: this definition
shall not apply to a commercial source and a commercial receptor which
are both located on the same parcel of property (e.g., a strip mall).
SOUND PRODUCTION DEVICE
Any device whose primary function is the production of sound,
including, but not limited to, any musical instrument, loudspeaker,
radio, television, digital or analog music player, public address
system or sound-amplifying equipment.
SOUND REDUCTION DEVICE
Any device, such as a muffler, baffle, shroud, jacket, enclosure,
isolator, or dampener provided by the manufacturer with the equipment,
or that is otherwise required, that mitigates the sound emissions
of the equipment.
WEEKDAY
Any day that is not a federal holiday, and beginning on Monday
at 7:00 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 7:00 a.m.
No person shall cause, suffer, allow, or permit the operation of any sound production device in such a manner that the sound crosses a property line and raises the total sound levels above the neighborhood residual sound level by more than the permissible sound level limits set forth in Table IV when measured within the residence of a complainant according to the measurement protocol in §
136-6B of this chapter. These sound level measurements shall be conducted with the sound level meter set for C weighting, "fast" response.
Table IV
|
---|
Maximum Permissible Increase in Total Sound Levels Within a
Residential Property
|
---|
Week nights 10:00 p.m. - 7:00 a.m. Weekend nights 11:00 p.m.
- 9:00 a.m.
|
All Other Times
|
---|
3 dB(C)
|
6 dB(C)
|
The following standards shall apply to the activities or sources
of sound set forth below:
A. Excluding emergency work, power tools, home maintenance tools, landscaping
and/or yard maintenance equipment used by a residential property owner
or tenant shall not be operated between the hours of 8:00 p.m. and
8:00 a.m. All motorized equipment used in these activities shall be
operated with a muffler and/or sound reduction device if possible.
[Amended 11-23-2020 by Ord. No. 1390]
B. Excluding emergency work, power tools, landscaping and/or yard maintenance
equipment used by nonresidential operators (e.g. commercial operators,
public employees) shall not be operated on a residential, commercial,
industrial or public (e.g. golf course, parks, athletic fields) property
between the hours of 6:00 p.m. and 8:00 a.m. on weekdays, or between
the hours of 6:00 p.m. and 9:00 a.m. on weekends or federal holidays.
All motorized equipment used in these activities shall be operated
with a muffler and/or sound reduction device if possible.
[Amended 11-23-2020 by Ord. No. 1390]
C. Residential and commercial zones.
[Amended 11-23-2020 by Ord. No. 1390; 8-28-2023 by Ord. No. 1467]
(1) In all Residential Zones (R-1A, R-1B, R-1C, R-2, R-3, and R-3A) in
the Township of Little Falls: All 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. All motorized
equipment used in construction and demolition activity shall be operated
with a muffler and/or sound reduction device if possible.
(2) In all Commercial Zones (MDR, B-1, B-2, B-3, B-4, I, LICU, MP, MFS
and Transit Village Districts) in the Township of Little Falls: All
construction, excavation, erection, alteration, repairing, demolition
activity, or landscaping, excluding emergency work as decided by the
Township Administrator or Construction Official, 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 Saturdays and federal holidays,
unless such activities can meet the limits set forth in Tables I and
II. All motorized equipment used in construction and demolition activity
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. Sunday work is prohibited, except for the general repair
or maintenance of the property by the owner. No contractor work is
permitted.
D. Motorized snow removal equipment shall be operated with a muffler
and/or a sound reduction device if possible when being used for snow
removal.
[Amended 11-23-2020 by Ord. No. 1390]
E. All interior and exterior burglar alarms of 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
15 minutes for intermittent sound after it has been activated.
[Amended 11-23-2020 by Ord. No. 1390]
F. Self-contained, portable, nonvehicular music or sound production
devices 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,
operated on a public space or public right-of-way, from such equipment
shall not be plainly audible at a distance of five feet in any direction
from the operator.
[Amended 11-23-2020 by Ord. No. 1390]
G. Domestic or caged animals.
(1) It shall be unlawful for any property owner or tenant to allow any
domesticated or caged animal to create a sound across a real property
line which unreasonably disturbs or interferes with the peace, comfort,
and repose of any resident, or to refuse or intentionally fail to
cease the unreasonable noise when ordered to do so by a Noise Control
Officer or Noise Control Investigator. Prima facie evidence of a violation
of this section shall include but not be limited to:
(a)
Vocalizing (howling, yelping, barking, squawking etc.) for five
minutes without interruption, defined as an average of four or more
vocalizations per minute in that period; or
(b)
Vocalizing for 20 minutes intermittently, defined as an average
of two vocalizations or more per minute in that period.
(2) It is an affirmative defense under this subsection that the dog or
other animal was intentionally provoked to bark or make any other
noise.
H. Radios;
televisions; personal entertainment devices: the using, operating
or permitting to be played, used or operated of any radio-receiving
set, television, musical instrument, personal entertainment device
or other machine or device for the producing or reproducing of sound
in such manner as to disturb the peace, quiet and comfort of the neighboring
inhabitants or with louder volume than is necessary for the convenient
hearing of the person or persons who are in the room, vehicle or chamber
in which such machine or device is operated and who are voluntary
listeners thereto. The operation of any such set, instrument, device,
machine or device between the hours of 11:00 p.m. and 7:00 a.m. in
such manner as to be plainly audible at a distance of 50 feet or more
from the building, structure or vehicle in which it is located shall
be prima facie evidence of a violation of this chapter.
[Added 11-23-2020 by Ord.
No. 1390]
I. Yelling;
shouting: yelling, shouting, hooting, whistling or singing on the
public streets, particularly between the hours of 11:00 p.m. and 7:00
a.m. or at any time or place so as to annoy or disturb the quiet,
comfort or repose of persons in any office, dwelling, hotel, motel
or other type of residence or of any persons in the vicinity.
[Added 11-23-2020 by Ord.
No. 1390]
J. Schools,
courts or churches: the creation of any excessive noise on any street
adjacent to any school, institution of learning, church or court while
the same is in use, which unreasonably interferes with the working
of such institution, provided that conspicuous signs are displayed
in such street indicating that the same is a school street.
[Added 11-23-2020 by Ord.
No. 1390]
K. Whistles:
the sounding of any or the blowing of any whistle attached to any
building except as a warning to prevent injury to life or property.
[Added 11-23-2020 by Ord.
No. 1390]
L. Loading
and unloading operations: the creation of any loud or excessive noises
in connection with the loading or unloading of any vehicle or the
opening or destruction of bales, boxes, crates or containers, more
especially between the hours of 10:00 p.m. and 7:00 a.m.
[Added 11-23-2020 by Ord.
No. 1390]
M. Drums,
etc.: the using or playing of any drum, loudspeaker or other instrument
or device or the creation of any noise for the purpose of attracting
attention to any performance, show or sale or display of merchandise.
[Added 11-23-2020 by Ord.
No. 1390]
N. Cooling
apparatus and generators: the operation of any air conditioner, refrigerator
unit, cooling tower, evaporative condenser, air-cooled condenser,
mechanical fan, compressor unit, and generators or other such apparatus
which causes frequent, irregular or continued noise which causes discomfort
or annoyance to or which unreasonably invades the privacy of the public.
[Added 11-23-2020 by Ord.
No. 1390]
Violations of each subsection of this section shall be considered
purposeful and therefore non-minor violations.
A. No person shall remove or render inoperative, or cause to be removed
or rendered inoperative or less effective than originally equipped,
other than for the purposes of maintenance, repair, or replacement,
of any device or element of design incorporated in any motor vehicle
for the purpose of noise control. No person shall operate a motor
vehicle or motorcycle which has been so modified. A vehicle not meeting
these requirements shall be deemed in violation of this provision
if it is operated stationary or in motion in any public space or public
right-of-way.
B. No motorcycle shall be operated stationary or in motion unless it
has a muffler that complies with and is labeled in accordance with
the Federal Noise Regulations under 40 CFR Part 205.
C. Personal or commercial vehicular music amplification or reproduction
equipment shall not be operated in such a manner that it is plainly
audible at distance of 25 feet in any direction from the operator
between the hours of 10:00 p.m. and 8:00 a.m.
D. Personal or commercial vehicular music amplification or reproduction
equipment shall not be operated in such a manner that is 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.
E. Horns:
the sounding of any horn or warning device on any automobile, motorcycle,
bus or other vehicle except when required by law or when necessary
to give timely warning of the approach of the vehicle or as a warning
of impending danger to persons driving other vehicles or to persons
upon the street. No person shall sound any horn or warning device
on any automobile, motorcycle, bus or other vehicle which shall emit
an unreasonably loud or harsh sound or for any unnecessary or unreasonable
period of time.
[Added 11-23-2020 by Ord.
No. 1390]
F. Exhaust:
the discharge into the open air of the exhaust of any steam engine,
stationary internal-combustion engine or motor vehicle except through
a muffler or other device which will effectively prevent loud or explosive
noises therefrom.
[Added 11-23-2020 by Ord.
No. 1390]
G. Defect
in vehicle or load: the use of any automobile, motorcycle or vehicle
so out of repair, so loaded or in such manner as to create loud and
unnecessary grating, grinding, rattling or otherwise.
[Added 11-23-2020 by Ord.
No. 1390]
[Added 11-23-2020 by Ord.
No. 1390]
Nothing herein contained shall be construed to apply to:
A. The use
of bells, chimes or sound amplifiers by churches in church activities.
B. Activities
of the Township departments in the performance of their duties, drills
or public demonstrations.
C. Activities
in the public parks, playgrounds or public buildings under the permission
or authority of Township officials.
D. Any public
utility, as defined in Title 48 of the Revised Statutes of New Jersey,
or to any employee of such public utility when such public utility
or its employees shall be engaged in performing work to prevent the
threatened interruption of its services or to terminate the interruption
of its service rendered to its customer.
[Amended 11-23-2020 by Ord. No. 1390]
A. Violation of any provision of this chapter shall be cause for a notice
of violation (NOV) or a notice of penalty assessment (NOPA) document
to be issued to the violator by the Noise Control Officer or Noise
Control Investigator.
B. Any person who violates any provision of this chapter shall be subject
to a civil penalty for each offense of not more than the maximum penalty
pursuant to N.J.S.A. 40:49-5, which is $2,000 as of December 2014.
If the violation is of a continuing nature, each day during which
it occurs shall constitute an additional, separate, and distinct offense.
A mandatory Municipal Court appearance is required for each offense.
C. Upon identification of a violation of this chapter the Noise Control
Officer or Noise Control Investigator shall issue an enforcement document
to the violator. The enforcement document shall identify the condition
or activity that constitutes the violation and the specific provision
of this chapter that has been violated. It shall also indicate whether
the violator has a period of time to correct the violation before
a penalty is sought.
D. If the violation is deemed by the Noise Control Officer or Noise Control Investigator to be a minor violation (as defined in §
136-2 of this chapter) a NOV shall be issued to the violator.
(1) The document shall indicate that the purpose of the NOV is intended
to serve as a notice to warn the responsible party/violator of the
violation conditions in order to provide them with an opportunity
to voluntarily investigate the matter and voluntarily take corrective
action to address the identified violation.
(2) The NOV shall identify the time period (up to 90 days), pursuant
to the Grace Period Law, N.J.S.A. 13:1D-125 et seq. where the responsible
party's/violator's voluntary action can prevent a formal enforcement
action with penalties issued by the NCO or NCI. It shall be noted
that the NOV does not constitute a formal enforcement action, a final
agency action or a final legal determination that a violation has
occurred. Therefore, the NOV may not be appealed or contested.
E. If the violation is deemed by the Noise Control Officer or Noise
Control Investigator to be a non-minor violation, the violator shall
be notified that if the violation is not immediately corrected, a
NOPA with a civil penalty of not more than the maximum penalty allowed
pursuant to N.J.S.A. 40:49-5, which is $2,000 as of December 2014,
will be issued. If a non-minor violation is immediately corrected,
a NOV without a civil penalty shall still be issued to document the
violation. If the violation occurs again (within 12 months of the
initial violation) a NOPA shall be issued regardless of whether the
violation is immediately corrected or not.
F. The violator may request from the Noise Control Officer or Noise
Control Investigator, an extension of the compliance deadline in the
enforcement action. The Noise Control Officer or Noise Control Investigator
shall have the option to approve any reasonable request for an extension
(not to exceed 180 days) if the violator can demonstrate that a good
faith effort has been made to achieve compliance. If an extension
is not granted and the violation continues to exist after the grace
period ends, a NOPA shall be issued.
G. The recipient of a NOPA shall be entitled to a hearing in a municipal
court having jurisdiction to contest such action.
H. The Noise Control Officer or Noise Control Investigator may seek
injunctive relief if the responsible party does not remediate the
violation within the period of time specified in the NOPA issued.
I. Any claim for a civil penalty may be compromised and settled based
on the following factors:
(1) Mitigating or any other extenuating circumstances;
(2) The timely implementation by the violator of measures which lead
to compliance;
(3) The conduct of the violator; and
(4) The compliance history of the violator.
J. 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.
K. The provisions contained in this section shall only be applicable to when the NCI has employed the use of a sound level measuring device to ascertain whether a potential violation has occurred. Any enforcement of violations under §§
136-8 and
136-9 shall be in accordance with §
136-10.1.
[Added 11-23-2020 by Ord.
No. 1390]
Any person, party or entity discovered to be in violation of any section of §
136-8 or
136-9 shall be issued a violation by an NCI, Township police officer, Township code enforcement officer or any Township employee charged with the enforcement of these provisions regarding noise violations. Such violations will be heard before the Municipal Court as all other municipal code violations. Any person, party, or entity found guilty of a violation shall, upon conviction thereof, be subject to a fine not to exceed $2,000 or imprisonment for a term not to exceed 90 days or a requirement to perform community service for a period not to exceed 90 days.