[HISTORY: Adopted by the City Council of
the City of Passaic as indicated in article histories. Amendments
noted where applicable.]
[Adopted 7-11-1985 by Ord. No. 868-85[1]]
[1]
Editor's Note: This ordinance superseded former
Ch. 193, Noise, Art. I, adopted 6-19-1975 by Ord. No. 297-75 as Section
3-3 of Chapter III of the Revised General Ordinances of the City of
Passaic, 1975, as amended.
A.Â
Whereas excessive sound is a serious hazard to the
public health, welfare, safety and the quality of life; and
|
Whereas a substantial body of science and technology
exists by which excessive sound may be substantially abated; and
| |
|
Whereas the people have a right to and should
be ensured an environment free from excessive sound;
| |
|
Now, therefore, it is the policy of the City
of Passaic to prevent excessive sound that may jeopardize the health,
welfare or safety of the citizens or degrade the quality of life.
|
B.Â
This article shall apply to the control of sound originating
from mobile sources within the limits of the City of Passaic.
As used in this article, the following terms
shall have the meanings indicated:
The 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.
Any work or action necessary to deliver essential services,
including but not limited to repairing water, gas, electricity, telephone,
sewer facilities and public transportation, removing fallen trees
on public rights-of-way or abating life-threatening conditions.
The values specified by the manufacturer as the recommended
maximum loaded weight of a single motor vehicle. In cases where trailers
and tractors are separable, the "gross combination weight rating (GCWR),"
which is the value specified by the manufacturer as the recommended
maximum loaded weight of the combination vehicle, shall be used.
An unenclosed motor vehicle having a saddle for the use of
the operator and two or three wheels in contact with the ground, including
but not limited to motor scooters, mopeds and minibikes.
Any vehicle for which regulations apply pursuant to Section
18 of the Federal Noise Control Act of 1972 (P.L. 92-574), as amended,
pertaining to motor carriers engaged in interstate commerce.
Any vehicle that is propelled or drawn on land by an engine
or motor, such as but not limited to passenger cars, trucks, truck-trailers,
semitrailers, campers, go-carts, snowmobiles, amphibious craft on
land, dune buggies or racing vehicles, but not including motorcycles.
A sound dissipative device or system for abating the sound
of escaping gases of an internal-combustion engine.
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 state
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.
An officially designated employee of the municipality, of
a group of municipalities or of the county, trained in the measurement
of sound and empowered to issue a summons for violations of this article.
Any individual, corporation, company, association, society,
firm, partnership, joint-stock company, the state or any political
subdivision, agency or instrumentality of the state.
Any street, avenue, boulevard, road, highway, sidewalk, alley
or similar place that is leased, owned or controlled by a governmental
entity.
Any real property or structures thereon that are owned or
controlled by a governmental entity.
The imaginary line, including its vertical extension that
separates one parcel of real property from another.
Any motor vehicle used off public roads for recreational
purposes.
A group of residential properties and the abutting public
right-of-way and public spaces.
Any property used for human habitation.
The sound pressure level measured in decibels with a sound
level meter set for A-weighting; "sound level" is expressed in db's.
An instrument used to measure sound level conforms to Type
1 or Type 2 standards as specified by ANSI Specification S1.4-1971.
A.Â
The noise control program established by this article
shall be administered by the Police Department.
B.Â
The Police Department shall be empowered to stop any
motor vehicle, or motorcycle operated on a right-of-way or public
space, reasonably suspected of violating any provision of this article.
C.Â
A person shall be qualified to be a noise control
officer if the person has satisfactorily completed any of the following
A.Â
Motor vehicles and motorcycles on public rights-of-way.
No person shall cause, suffer, allow or permit the operation of a
public or private motor vehicle or motorcycle on a public right-of-way
at any time in such a manner that the sound level emitted by the motor
vehicle or motorcycle exceeds the level set forth in Table I.
|
Table I Maximum Permissible Sound Levels
From
Motor Vehicles and Motorcycles
| |||
|---|---|---|---|
|
(Sound level in db's at 50 feet [15 meters]
from center line of vehicle travel)
| |||
|
(Measured according to Department of Transportation,
Bureau of Motor Carrier Safety Regulations
for enforcement of Motor Carrier Noise
Emission Standards, Title 49, Code of
Federal Regulations, Chapter II, Part 325)
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Vehicle Class
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Speed Limit 35 mph or Less
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Speed Limit over 35 mph
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Stationary runup
|
|---|---|---|---|
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Motor carrier vehicle engaged in interstate
commerce of GVWR or GCWR of 10,000 pounds or more
|
86
|
90
|
88
|
|
All other motor vehicles of GVWR or GCWR of
10,000 pounds or more
|
86
|
90
|
---
|
|
Any motorcycle
|
82
|
86
|
___
|
|
Any other motor vehicle or any combination of
vehicles towed by any motor vehicle
|
76
|
82
|
---
|
|
(Sound level on fast setting in db at 15 feet
from
the edge of the lane of vehicle travel.)
| |||
|
Vehicle Class
|
Speed Limit 35 mph or Less
|
|---|---|
|
Any motor vehicle or motorcycle with a GVWR
less than 10,000 pounds
|
80
|
B.Â
Recreational motorized vehicles operating off public
rights-of-way. No person shall operate or cause to be operated any
recreational motorized vehicle in such a manner that the sound level
emitted therefrom exceeds the limits set forth in Table II at either
a distance of 50 feet (15 meters) or more from the path of the vehicle
when operated on a public space or at or across a real property line
when operated on private property. This section shall apply to all
recreational motorized vehicles, whether or not duly licensed or registered.
|
Table II Maximum Permissible Sound Level
for
Recreational Motorized Vehicles
Operated Off Public Rights-Of-Way
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|---|---|---|---|
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Vehicle Type
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Sound Level
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Motorcycle
| |||
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Unit manufactured before 1975
|
86
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Unit manufactured after 1975
|
84
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Any other vehicle
| |||
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Unit manufactured before 1975
|
84
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Unit manufactured after 1975
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80
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A.Â
Adequate mufflers.
(1)Â
No person shall cause, suffer, allow or permit the
operation of any motor vehicle or motorcycle not equipped with the
original muffler and other components or equivalent replacement in
good working order and in constant operation, regardless of sound
level produced.
(2)Â
No person shall remove or render inoperative, or cause
to be removed or rendered inoperative, other than for purposes of
maintenance, repair or replacement any muffler or other exhaust component
on a motor vehicle or motorcycle.
B.Â
Motor vehicle horns and signalling devices. The following
acts and the causing thereof are declared to be in violation of this
article:
[Added 3-20-1986 by Ord. No. 923-86]
(1)Â
The sounding of any horn or other auditory signaling
device in any motor vehicle or motorcycle on any public right-of-way
or public space, except as a warning of danger.
(2)Â
The sounding of any horn or other auditory signaling
device that produces a sound level in excess of 100 dBa at 25 feet
(7.5 meters).
C.Â
Standing motor vehicles. No person shall operate or
permit the operation of any motor vehicle or any auxiliary equipment
attached to such a vehicle for a period longer than three minutes
in any hour while the vehicle is stationary for reasons other than
traffic congestion or emergency work on a public right-of-way or public
space within 150 feet (46 meters) of a residential area between the
hours of 8:00 p.m. and 8:00 a.m. the following day.
[Added 3-20-1986 by Ord. No. 923-86]
D.Â
Sound reproduction device. No person shall cause,
suffer, allow or permit the operating or playing of any radio, tape
player or similar device that reproduces or amplifies sound in such
a manner as to create noise at 50 feet (15 meters) from such device,
when operating in or on a motor vehicle on a public right-of-way or
public space.
The provisions of this article shall not apply to the emission of sound for the purpose of alerting persons to the existence of an emergency, except as specified in § 193-5B.
A.Â
Issuance of summons. Violation of any provision of
this article shall be cause for a summons to be issued by the noise
control officer.
B.Â
Revocation of summons. If a summons is given for violation of § 193-5A of this article, the summons may be revoked by the Police Department, if the offending vehicle's exhaust system is repaired within five days. The vehicle must be brought to the police station for an inspection of the exhaust system.
C.Â
Penalties.
(1)Â
Any person who violates any provision of this article
shall be subject to a penalty for each offense not more than $1,000.
(2)Â
Any person who willfully or knowingly violates any
provision of this article shall be subject to a penalty for each offense
of a sum of not less than $25 and not more than $1,000.
D.Â
Other remedies. No provisions of this article 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 article or from other law.
[Adopted 7-11-1985 by Ord. No. 869-85[1]]
[1]
Editor's Note: This ordinance superseded former Ch. 193, Noise,
Art. II, adopted 11-6-1975 by Ord. No. 312-75, as adopted.
A.Â
Whereas excessive sound is a serious hazard to the
public health, welfare, safety and the quality of life; and
|
Whereas a substantial body of science and technology
exists by which excessive sound may be substantially abated; and
| |
|
Whereas the people have a right to and should
be ensured an environment free from excessive sound;
| |
|
Now, therefore, it is the policy of the City
of Passaic to prevent excessive sound that may jeopardize the health,
welfare or safety of the citizens or degrade the quality of life.
|
B.Â
This article shall apply to the control of sound originating
from stationary sources within the limits of the City of Passaic.
As used in this article, the following terms
shall have the meanings indicated:
A group of commercial facilities and the abutting public
rights-of-way and public spaces.
Any premises, property or facility involving traffic in goods
or furnishing of services for sale or profit, including but not limited
to:
Any site preparation, assembly, erection, repair, alteration
or similar action, but excluding demolition of buildings or structures.
The 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.
Any dismantling, intentional destruction or removal of buildings
or structures.
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.
Any activity and its related premises, property, facilities
or equipment involving the fabrication, manufacture or production
of durable or nondurable goods.
Any vehicle that is propelled or drawn on land by an engine
or motor.
A sound dissipative device or system for abating the sound
of escaping gases of an internal-combustion engine.
Any building wherein there are two or more dwelling units.
Any sound 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 state
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.
The noise control officer designated as the official liaison
with all municipal departments, empowered to grant permits for variances.
An officially designated employee of the municipality, of
a group of municipalities, or of the county, trained in the measurement
of sound and empowered to issue a summons for violations of this article.
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.
Any individual, corporation, company, association, society,
firm, partnership, joint-stock company, the state or any political
subdivision, agency or instrumentality of the state.
Any street, avenue, boulevard, road, highway, sidewalk or
alley that is leased, owned 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 or the vertical
and horizontal boundaries of a dwelling unit that is one in a multidwelling
unit building.
A group of residential properties and the abutting public
rights-of-way and public spaces.
Property used for human habitation, including but not limited
to:
The sound pressure level measured in decibels with a sound
level meter set for A-weighting; "sound level" is expressed in db's.
An instrument used to measure sound level and conforms to
Type 1 or Type 2 standards as specified by ANSI Specifications S1.4-1971.
Any day, Monday through Friday, that is not a legal holiday.
A.Â
The provisions of this article shall be enforced by
the noise control officers.
B.Â
The noise control administrator shall have the power
to:
(1)Â
Coordinate the noise control activities of all municipal
departments and cooperate with all other public bodies and agencies
to the extent practicable.
(2)Â
Review the actions of other municipal departments
and advise such departments of the effect, if any, of such actions
on noise control.
(3)Â
Review public and private projects, subject to mandatory
review or approval by other departments or boards, for compliance
with this article.
C.Â
The noise control administrator shall consult with
the airport proprietor to recommend changes in airport operations
to minimize any noise which the airport owner may have the authority
to control in its capacity as proprietor. The noise control administrator
shall report on his/her efforts to the governing body.
D.Â
A person shall be qualified to be a noise control
officer, if the person has satisfactorily completed any of the following:
(1)Â
Community Noise - A Short Course, offered by the Department
of Environmental Science of Cook College, Rutgers and the State University.
(2)Â
A program of tutoring and on-the-job training, offered
by the New Jersey Department of Environmental Protection, Office of
Noise Control, to its employees.
(3)Â
Education or experience, or a combination thereof,
certified by the above Department as equivalent to the provisions
of Subsection D(l) or (2) of this section.
E.Â
Noise measurements made by noise control officers
shall be taken according to procedures specified by N.J.A.C. 7:29B,
except as provided in § 193-12A(l).
A.Â
All departments and agencies of the City of Passaic
shall carry out their programs according to law and shall cooperate
with the noise control administrator in the implementation and enforcement
of this article.
B.Â
All departments charged with new projects or changes
to existing projects that may result in the production of noise shall
consult with the noise control administrator prior to the approval
of such projects to ensure that such activities comply with the provisions
of this article.
A.Â
No person shall cause, suffer, allow or permit the
operation of any source of sound on a particular category of property
or any public space or right-of-way in such a manner as to create
a sound level that exceeds the particular sound level limits set forth
in Table I, when measured at or within the real property line of the
receiving property, except as provided in § 193-12A(l).
(1)Â
When measuring noise within a dwelling unit of a multidwelling
unit building, all exterior doors and windows shall be closed and
the measurements shall be taken in the center of the room.
(2)Â
Table I.
|
TABLE I Maximum Permissible Sound
Levels
by Receiving Property Category,
in db's
| ||||||
|---|---|---|---|---|---|---|
|
Sound Source Property Category
|
Another Dwelling Within a Multi-
dwelling Unit Building
|
Residential
| ||||
|
7:00 a.m. to 10:00 p.m.
|
10:00 to 7:00 a.m.
|
7:00 a.m. to 10:00 p.m.
|
10:00 p.m. to 7:00 a.m.
|
Com- mercial All
Times
|
Industrial All Times
| |
|
Any location within a multi- dwelling
unit building
|
45
|
40
|
55
|
50
|
65
|
75
|
|
Residential
|
55
|
50
|
65
| |||
|
Commercial or public spaces or rights-of-
way
|
65
|
50
|
65
|
75
| ||
|
Industrial
|
65
|
50
|
65
|
75
| ||
B.Â
The following are exempt from the sound level limits
of Table I:
(1)Â
Noise from domestic power tools, lawn mowers and agricultural
equipment when operated with a muffler between the hours of 8:00 a.m.
to 8:00 p.m. on weekdays and 9:00 a.m. to 8:00 p.m. on weekends and
legal holidays, provided that they produce less than 85 db's at or
within any real property line of a residential property.
(2)Â
Sound from church bells and church chimes when a part
of a religious observance or service.
(3)Â
Noise from construction activity, provided that all motorized equipment used in such activity is equipped with functioning mufflers, except as provided in § 193-13B(6).
(4)Â
Noise from snowblowers, snow throwers and snow plows
when operated with a muffler for the purpose of snow removal.
(5)Â
Noise from stationary emergency signaling devices
that conforms with the provisions of N.J.A.C. 7:29.
(6)Â
Noise from an exterior burglar alarm of any building
or motor vehicle, provided that such burglar alarm shall terminate
its operation within 15 minutes after it has been activated.
[Amended 9-7-2010 by Ord. No. 1842-10]
A.Â
No person
shall cause, suffer, allow or permit to be made verbally or mechanically
any noise disturbance. Noncommercial public speaking and public assembly
activities conducted on any public space or public right-of-way shall
be exempt from the operation of this section.
B.Â
No person shall cause, suffer, allow or permit the following acts:
(1)Â
Sound reproduction systems: operating, playing or permitting the
operation or playing of any radio, television, phonograph or similar
device that reproduces or amplifies sound in such a manner as to create
a noise disturbance for any person other than the operator of the
device.
(2)Â
Loudspeakers and public address systems: using or operating of any
loudspeaker, public address system or similar device, between the
hours of 10:00 p.m. and 8:00 a.m. in the following day, such that
the sound therefrom creates a noise disturbance across a residential
real property line.
(3)Â
Animals and birds: owning, possessing or harboring any pet animal
or pet bird that frequently or for continued duration makes sounds
that create a noise disturbance across a residential real property
line (for the purpose of this section, a "noise disturbance from a
barking dog" shall be defined as that created by a dog barking continually
for 10 minutes or intermittently for 30 minutes unless provoked).
(4)Â
Loading and unloading: loading, unloading, opening, closing or other
handling of boxes, crates, containers, building materials, liquids,
garbage cans, refuse or similar objects or the pneumatic or pumped
loading or unloading of bulk materials in liquid, gaseous, powder
or pellet form or the compacting of refuse by persons engaged in the
business of scavenging or garbage collection, whether private or municipal,
between the hours of 8:00 p.m. and 6:00 a.m. the following day, when
the latter is a weekday, and between the hours of 8:00 p.m. and 7:00
a.m. the following day, when the latter is a legal holiday or a weekend
day, except by permit, when the sound therefrom creates a noise disturbance
across a residential real property line.
(5)Â
Standing motor vehicles: operating or permitting the operation of
any motor vehicle whose manufacturer's gross weight is in excess
of 10,000 pounds, or any auxiliary equipment attached to such a vehicle,
for a period of longer than five minutes in any hour while the vehicle
is stationary, for reasons other than traffic congestion or emergency
work, on a public right-of-way or public space within 150 feet (46
meters) of a residential area between the hours of 6:00 p.m. and 7:00
a.m. of the following day.
(6)Â
Construction and demolition: operating or permitting the operation of any tools or equipment used in construction, drilling, earthmoving, excavating or demolition work between the hours of 6:00 p.m. and 7:00 a.m. the following day on weekdays, or at any time on weekends or legal holidays, provided that such equipment is equipped with a functioning muffler, except for emergency work, by variance issued pursuant to § 193-10 or when the sound level does not exceed any applicable limit specified in Table I.
A.Â
The provisions of this article shall not apply to:
(1)Â
The emission of sound for the purpose of alerting persons to the existence of an emergency, except as provided in § 193-12B(5) or (6);
(2)Â
The emission of sound in the performance of emergency
work; or
(3)Â
The emission of sound in situations within the jurisdiction
of the Federal Occupational Safety and Health Act.
B.Â
Noise from municipally sponsored or approved celebrations
or events shall be exempt from the provisions of this article.
A.Â
Any person who owns or operates any stationary noise
source may apply to the noise control administrator for a variance
from one or more of the provisions of this article. Applications for
a permit of variance shall supply information, including but not limited
to:
(1)Â
The nature and location of the noise source for which
such application is made.
(2)Â
The reasons for which the permit of variance is requested,
including the hardship that will result to the applicant, his/her
client or the public, if the permit of variance is not granted.
(3)Â
The nature and intensity of noise that will occur
during the period of the variance.
(4)Â
The section or sections of this article for which
the permit of variance shall apply.
(5)Â
A description of interim noise control measures to
be taken by the applicant to minimize noise and the impacts occurring
therefrom.
(6)Â
A specific schedule of the noise control measures
which shall be taken to bring the source into compliance with this
article within a reasonable time.
B.Â
Failure to supply the information required by the
noise control administrator shall be cause for rejection of the application.
C.Â
A copy of the permit of variance must be kept on file
by the Municipal Clerk for public inspection.
D.Â
The noise control administrator may charge the applicant
a fee of $50 to cover expenses resulting from the processing of the
permit of variance application.
E.Â
The noise control administrator may, at his/her discretion,
limit the duration of the permit of variance, which shall be no longer
than one year. Any person holding a permit of variance and requesting
an extension of time shall apply for a new permit of variance under
the provisions of this section.
F.Â
No variance shall be approved unless the applicant
presents adequate proof that noise levels occurring during the period
of the variance will not constitute a danger to public health; and
compliance with the ordinance would impose an arbitrary or unreasonable
hardship upon the applicant, without equal or greater benefits to
the public.
G.Â
In making the determination on granting a variance,
the noise control administrator shall consider:
(1)Â
The character and degree of injury to, or interference
with, the health and welfare or the reasonable use of property which
is caused or threatened to be caused.
(2)Â
The social and economic value of the activity for
which the variance is sought.
(3)Â
The ability of the applicant to apply best practical
noise control measures.
H.Â
The permit of variance may be revoked by the noise
control administrator if the terms of the permit of variance are violated.
I.Â
A variance may be revoked by the noise control administrator
if there is:
A.Â
Issuance of summons. Violation of any provision of
this article shall be cause for a summons to be issued by the noise
control officer.
B.Â
Abatement orders.
(1)Â
Except as provided in Subsection B(2), in lieu of issuing a summons as provided in Subsection A, the noise control officer may issue an order requiring abatement of any source of sound alleged to be in violation of this article within a reasonable time period and according to guidelines which the noise control officer may prescribe.
(2)Â
An abatement order shall not be issued if any person
willfully or knowingly violates any provision of this article or if
the noise control officer has reason to believe that there will not
be compliance with the abatement order.
C.Â
Penalties.
(1)Â
Any person who violates any provision of this article shall be subject to a penalty for each offense of not more than $1,000, except as provided in Subsection C(2).
(2)Â
Any person who willfully or knowingly violates any
provision of this article shall be subject to a penalty for each offense,
a sum of not less than $25 and not more than $1,000.
(3)Â
If the violation is of a continuing nature, each day
during which it occurs shall constitute an additional, separate and
distinct offense.
D.Â
Other remedies. No provision of this article 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 article or from other law.
