[HISTORY: Adopted by the Township Council
of the Township of Washington 10-26-1995 by Ord. No. 26-1995 as Sec. 4-12 of the
1994 Code; amended in its entirety 9-22-2004 by Ord. No. 2004-24. Amendments noted where applicable.]
A.
Excessive sound is a serious hazard to the public
health, welfare, safety, and the quality of life; and a substantial
body of science and technology exists by which excessive sound may
be substantially abated; and the people have a right to, and should
be ensured of, an environment free from excessive sound.
B.
It is the policy of the Township of Washington to
prevent excessive sound that may jeopardize the health, welfare, or
safety of the citizens or degrade the quality of life.
C.
This chapter shall apply to the control of sound originating
from sources with the Township of Washington.
The following words and terms, when used in
this chapter, shall have the following meaning, 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, 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 escaping gases 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 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.
NOISE CONTROL OFFICER
PLAINLY AUDIBLE
PRIVATE RIGHT-OF-WAY
PUBLIC RIGHT-OF-WAY
PUBLIC SPACE
REAL PROPERTY LINE
WEEKDAY
WEEKENDS
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 is part of a multi-dwelling-unit
building, or on a multiuse property, the interface between the two
portions of the property on which different categories of activity
are being performed (e.g., if the multiuse 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 7:00 a.m. and ending the following Friday at 6:00 p.m.
Beginning on Friday at 6:00 p.m. and ending on the following
Monday at 7:00 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, except that
the testing of the electromechanical functioning of a stationary emergency
signaling device shall not meet or exceed 10 seconds.
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 § 147-5B and C of this chapter 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 the Township of Washington and cooperate with all other public
bodies and agencies to the extent practicable;
(2)
Review the actions of the Township of Washington 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)
(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 § 147-3A 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, except as specified in Subsection B below.
B.
When measuring total sound or residual sound within
a multiuse 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 causal 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 multiuse property (e.g., sound generated within
a commercial unit of a multiuse property building and received within
a residential unit of the same building) or multi-dwelling-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 multi-dwelling-unit building. The allowable sound
level standards for indoors are as shown in Tables I and II.
D.
Impulsive sound. Between 7:00 a.m. and 10:00 p.m.
on weekdays and 7:00 a.m. and 12:00 midnight on weekends, impulsive
sound shall not equal or exceed 80 decibels. Between 10:00 p.m. and
7:00 am. on weekdays and 12:00 midnight and 7:00 a.m. on weekends,
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.
Table I
| ||||
---|---|---|---|---|
Maximum Permissible A-weighted Sound Levels
| ||||
No person shall cause, suffer, allow, or permit the operation of any source of sound on any source property listed in § 147-3A above in such a manner as to create a sound level that equals or exceeds the sound levels listed below.
| ||||
A.
|
Outdoors.
| |||
Receiving Property Category
|
Residential Property or Residential Portion
of a
Multiuse Property
|
Commercial Facility, Public Service Facility,
Nonresidential Portion of a Multiuse Property, or Community Service
Facility
| ||
Time
|
7:00 a.m.-10:00 p.m.
|
10:00 p.m.-7:00 a.m.
|
24 hours
| |
Maximum A-weighted Sound Level Standard,
dB
|
65
|
50
|
65
| |
B.
|
Indoors.
| |||
Receiving Property Category
|
Residential Property or Residential Portion
of a Multiuse Property
|
Commercial Facility* or Nonresidential
Portion of a Multiuse Property
| ||
Time
|
7:00 a.m.-10:00 p.m.
|
10:00 p.m.-7:00 a.m.
|
24 hours
| |
Maximum A-weighted Sound Level Standard,
dB
|
55
|
40
|
55
|
*In those instances when a commercial facility
shares a common wall/ceiling/floor with another commercial facility
that is producing the sound.
|
Table II
| |||||||
---|---|---|---|---|---|---|---|
Maximum Permissible Octave Band
Sound Pressure Levels in Decibels
| |||||||
A.
|
No person shall cause, suffer, allow, or permit the operation of any source of sound on any source property listed in § 147-3A above in such a manner as to create a sound pressure level that equals or exceeds the sound levels listed below in one or more octave bands.
| ||||||
B.
|
When octave measurements are made,
the sound from the source must be constant in level and character.
If octave band sound pressure level variations exceed plus or minus
2 dB in the bands containing the principal source frequencies, discontinue
the measurement.
| ||||||
Receiving Property Category
|
Residential Property or Residential
Portion of a Multiuse Property
|
Residential Property or Residential
Portion of a Multiuse Property
|
Commercial Facility, Public Service
Facility, Nonresidential Portion of a Multiuse Property, or Community
Service Facility
|
Commercial facility* or Nonresidential
Portion of a Multiuse Property
| |||
OUTDOORS
|
INDOORS
|
OUTDOORS
|
INDOORS
| ||||
Octave Band Center Frequency,
Hz.
|
Octave Band Sound Pressure Level,
dB
|
Octave Band Sound Pressure Level,
dB
|
Octave Band Sound Pressure Level,
dB
|
Octave Band Sound Pressure Level,
dB
| |||
Time
|
7:00 a.m.-10:00 p.m.
|
10:00 p.m.-7:00 a.m.
|
7:00 a.m.-10:00 p.m.
|
10:00 p.m.-7:00 a.m.
|
24 hours
|
24 hours
| |
31.5
|
96
|
86
|
86
|
76
|
96
|
86
| |
63
|
82
|
71
|
72
|
61
|
82
|
72
| |
125
|
74
|
61
|
64
|
51
|
74
|
64
| |
250
|
67
|
53
|
57
|
43
|
67
|
57
| |
500
|
63
|
48
|
53
|
38
|
63
|
53
| |
1,000
|
60
|
45
|
50
|
35
|
60
|
50
| |
2.000
|
57
|
42
|
47
|
32
|
57
|
47
| |
4,000
|
55
|
40
|
45
|
30
|
55
|
45
| |
8,000
|
53
|
38
|
43
|
28
|
53
|
43
|
*In those instances when a commercial
facility shares a common wall/ceiling/floor with another commercial
facility that is producing the sound.
|
[Added 12-1-2021 by Ord.
No. 22-2021]
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 III when measured within the residence of a complainant according to the measurement protocol in § 147-5.1 of this chapter. These sound level measurements shall be conducted with the sound level meter set for C weighting, fast response.
TABLE III
Maximum Permissible Increase in Total Sound Levels
Within a Residential Property
| |
---|---|
Weeknights, 10:00 p.m. to 7:00 a.m.
Weekend Nights, 11:00 p.m. to 9:00 a.m.
|
All other items
|
3 dB(C)
|
6 dB(C)
|
A.
Applicability.
B.
Notwithstanding the provisions of Tables I and II,
the following standards shall apply to the activities or sources of
sound set forth below:
(1)
Noncommercial or nonindustrial power tools and landscaping
and yard maintenance equipment shall not be operated between the hours
of 8:00 p.m. and 8:00 a.m., unless such activities can meet the applicable
limits set forth in Tables I and II. All motorized equipment used
in these activities shall be operated with a muffler. At all other
times, the limits set forth in Tables I and II do not apply to noncommercial
or nonindustrial power tools and landscaping and yard maintenance
equipment.
(2)
Commercial or industrial power tools and landscaping
and yard maintenance equipment, excluding emergency work, shall not
be operated on a residential property or within 250 feet of a residential
property line when operated on commercial or industrial property,
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 or federal holidays,
unless such activities can meet the limits set forth in Tables I and
II. In addition, commercial or industrial power tools and landscaping
and yard maintenance equipment, excluding emergency work, utilized
on commercial or industrial property shall meet the limits set forth
in Tables I and II between the hours of 10:00 p.m. and 7:00 a.m. All
motorized equipment used in these activities shall be operated with
a muffler. At all other times, the limits set forth in Tables I and
II do not apply to commercial or industrial power tools and landscaping
and yard maintenance equipment.
(3)
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, 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.
(4)
Motorized snowblowers, snow throwers, and lawn equipment
with attached snowplows shall be operated at all times with a muffler.
(5)
An exterior burglar alarm 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 impulsive sound after it has been activated.
(6)
Personal or commercial vehicular music-amplification
or -reproduction equipment shall not be operated in such a manner
that it is plainly audible at a residential property line between
the hours of 10:00 p.m. and 8:00 a.m.
(7)
Personal vehicular music amplification equipment shall
not be operated 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.
(8)
Self-contained, portable, hand-held music- or sound-amplification
or -reproduction equipment 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 from such equipment shall not be plainly audible
by any person other than the operator.
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. The recipient of an enforcement document shall be entitled
to a hearing in municipal court having jurisdiction to contest such
action.
B.
If the violation is deemed by the Noise Control Officer
to be a nonminor 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
nonminor 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.
[Amended 12-1-2021 by Ord. No. 22-2021]
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.