[HISTORY: Adopted by the Township Committee
of the Township of Readington 2-16-1999 by Ord. No. 1-99. Amendments noted where
applicable.]
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.
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 of escaping gasses 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 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 of 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
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.
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 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 multi-use property, the interface 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 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 on 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 electromechanical functioning of a stationary emergency
signaling device shall not meet or exceed 10 seconds.
A.
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 excess
sound may be substantially abated; and whereas the people have a right
to, and should be ensured of, an environment free from excessive sound
and vibration that may jeopardize their health, welfare or safety
or degrade the quality of life; now, therefore, it is the ordained
policy of the Township of Readington to prevent excessive sound that
may jeopardize the health, welfare or safety of its citizens or degrade
the quality of life.
B.
This chapter shall apply to the control of sound originating
from sources within the Township of Readington.
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. 7:292.11, 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 § 158-5B 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 Readington and cooperate with all other public
bodies and agencies to the extent practicable.
(2)
Review the actions of the Township of Readington and
advise of the effect, if any, of such actions on noise control.
(3)
Investigate and pursue possible violations of this
chapter for sound levels which equal or exceed the sound levels set
forth in Tables I and II,[1] when measured at a receiving property located within the designated jurisdiction of the noise control officer, in accordance with § 158-5 below.
[1]
Editor's Note: Tables I and II are included as attachments to this chapter.
(4)
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 § 158-2A 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 multi-use 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 casual 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 multi-use property (e.g., sound generated within
a commercial unit of a multi-use 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.[1]
[1]
Editor's Note: Tables I and II are included as attachments to this chapter.
D.
Impulsive sound. Impulsive sound shall not equal or
exceed 80 decibels at all times.
A.
Except as provided in Subsection B below, the provisions of this chapter shall not apply to the following exceptions:
(1)
Agricultural activities.
(2)
Bells, chimes, carillons or other music while being
used in conjunction with religious services.
(3)
Emergency energy release devices.
(4)
Emergency work to provide electricity, water or other
public utilities when public health or safety is involved.
(5)
Motor vehicle race tracks.
(6)
National Warning System (NAWAS): systems used to ward
the community of attack or imminent public danger such as flooding
or explosion. These systems are controlled by the New Jersey Office
of Emergency or Hazardous Spill Management, Division of State Police:
(7)
Noise of aircraft flight operations, but not those
operations which are not preempted from municipal regulation.
(8)
Public celebrations.
(9)
Public roadways.
(10)
Surface carriers engaged in commerce by railroad.
(11)
The unamplified human voice.
(12)
Use of explosive devices: These are regulated by the
New Jersey Department of Labor under the 1960 Explosive Act (N.J.S.A.
21:1A-128 to 21:1A-144).
(13)
Normal operation of a handgun, rifle, shotgun, skeet
shooting or trapshooting range which has been maintained continuously
in the same location since January 24, 1972.
B.
Notwithstanding the provisions of Tables I and II,[1] the following standards shall apply to the activities
or sources of sound set forth below:
(1)
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.
(2)
Construction and demolition activity, excluding emergency
work, shall not be performed between the hours of 10:00 p.m. and 7:00
a.m. on Monday through Saturday unless such activities can meet the
limits set forth in Tables I and II. Further, construction and demolition
activity, excluding emergency work, shall not be performed between
the hours of 10:00 p.m. Saturday and 9:00 a.m. Sunday or after 6:00
p.m. on Sunday unless such activities 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. Application for a waiver from the time
limits set forth above may be made to the noise control officer who
shall grant such a waiver for good cause after consultation with the
Township Engineer or Construction Code Official.
(3)
Commercial and /or residential snow removal equipment,
motorized snowblowers, snow throwers and lawn equipment with attached
snow plows shall be operated at all times with a muffler. At all times,
the limits set forth in Tables I and II do not apply.
(4)
Personal or commercial music amplification or reproduction
equipment emanating from a vehicle 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.
(5)
Self-contained, portable, hand-held music or sound
amplification 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.
[1]
Editor's Note: Tables I and II are included as attachments to this chapter.
[Amended 12-20-1999 by Ord. No. 33-99]
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. The procedures for
issuance of an enforcement document as set forth in N.J.A.C. 7:29-1.6
are as follows:
(1)
If any person violates any provision of this chapter,
the noise control officer or municipality, on his or her behalf, as
appropriate (both hereinafter referred to as the "authorized enforcement
agency"), may institute an action in a court of competent jurisdiction
for injunctive relief to prohibit and prevent such violation or violations
and said court may proceed in the action in a summary manner.
(2)
Any person who violates any provision of this chapter
or an order issued pursuant thereto shall be subject, upon order of
a court, to a civil penalty for each offense 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. If the violation is of a continuing nature, each
day during which it occurs shall constitute an additional, separate
and distinct offense.
[Amended 3-2-2015 by Ord.
No. 01-2015]
(3)
Upon identification of a violation of this chapter
or an order issued pursuant thereto, the noise control officer shall
issue an enforcement document to the violator. The enforcement document
may be sent to the violator by certified mail, return receipt requested.
The enforcement document shall:
(b)
Indicate whether the violator has a period of
time to correct the violation before a penalty is sought, as follows:
[1]
If the violation is deemed by the noise control
officer to be a minor violation pursuant to Subsection E below, notify
the violator that the activity or condition which constitutes the
violation must be corrected and compliance achieved within 30 days
or, at the discretion of the noise control officer, any other reasonable
period of time, not to exceed 180 days, to be determined based upon
the nature and extent of the violation and a reasonable estimate of
the time needed to correct the violation. The violator may request,
from the noise control officer, an extension of the compliance deadline
in the enforcement action and the noise control officer shall approve
any reasonable request for an extension if the violator can demonstrate
that a good faith effort has been made to achieve compliance.
[2]
If the violation is not deemed by the noise
control officer to be a minor violation pursuant to Subsection E below,
notify the violator that he or she will not be allowed a period of
time to correct the violation before a penalty is sought.
(c)
Notify the violator that he or she may be liable
to a civil penalty of no more than the maximum penalty allowed pursuant
to N.J.S.A. 40:49-5, which is $2,000 as of December 2014 for the violation
that is the subject of the enforcement document.
[Amended 3-2-2015 by Ord.
No. 01-2015]
(d)
If the violation is deemed by the noise control
officer to be a minor violation pursuant to Subsection E below, notify
the violator that if he or she achieves compliance within the period
of time specified in the enforcement document, the authorized enforcement
agency shall not seek to collect a civil penalty from the violator
for that violation.
(4)
The authorized enforcement agency may seek injunctive
relief and/or a penalty for a violation of the Act, these rules or
an order issued pursuant thereto:
(5)
A violation shall be considered a minor violation
if:
(a)
The violation is not the result of the purposeful,
reckless or criminally negligent conduct of the violator.
(b)
The activity or condition constituting the violation
has not been the subject of an enforcement action by the authorized
enforcement agency against the violator within the immediately preceding
12 months.
(6)
Any claim for a civil penalty may be compromised and
settled based on the following factors:
B.
Any person
who violates any provision of this chapter or an order issued pursuant
thereto shall be subject, upon order of a court, to a civil penalty
of not more than $3,000 for each offense and each day during which
the violation continues shall constitute an additional, separate and
distinct offense.
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.
This chapter may be cited as the "Readington
Township Noise Control Ordinance."
This chapter shall take effect immediately upon
final passage and publication in accordance with law and upon approval
of the New Jersey Department of Environmental Protection (NJDEP).
The Clerk is directed to file a copy of this chapter with the NJDEP
Office of Local Environmental Management.
[Added 12-20-1999 by Ord.
No. 33-99]
If any provision or portion of a provision of this chapter is
held to be unconstitutional, preempted by federal or state law, or
otherwise invalid by a court of competent jurisdiction, the remaining
provisions of the chapter shall not be invalidated.
