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, the
following:
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 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 noise control ordinance and enforcement procedures. An
NCI 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.
NOISE CONTROL OFFICER (NCO)
An employee of a local, county, or regional healthy 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 noise
control ordinance. All NCOs must receive noise enforcement training
as specified by the Department in N.J.A.C. 7:29 and be 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 an 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 a) the vertical boundary that separated one parcel
of property (i.e., block and lot) from another residential or commercial
property; b) the vertical and horizontal boundaries of a dwelling
unit that is part of a multi-dwelling-unit building; or c) 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 a heating, ventilation, and/or air-conditioning ("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, 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, below, when measured within the residence of a complainant according to the measurement protocol in §
102-6B, above. 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
|
---|
Weeknights
(10:00 p.m. to 7:00 a.m.)
and
Weekend Nights
(11:00 p.m. to 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., unless such activities can meet the applicable limits set
forth in Table I, II, or III, above. At all other times, the limits
set forth in Tables I, II, or III, above, do not apply. All motorized
equipment used in these activities shall be operated with a muffler
and/or sound reduction device.
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 property (e.g., golf course, parks, athletic
fields) 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, unless such activities can meet the limits set forth in
Tables I, II, or III, above. At all other times, the limits set forth
in Tables I, II, or III, above, do not apply. All motorized equipment
used in these activities shall be operated with a muffler and/or sound
reduction device.
C. Construction and demolition noise.
(1) All construction and demolition activity, excluding emergency work,
shall not be performed on Sunday, or between the hours of 6:00 p.m.
and 7:00 a.m. on weekdays, or between the hours of 5:00 p.m. and 9:00
a.m. on Saturday and federal holidays, unless such activities can
meet the limits set forth in Table I, II, or III, above. At all other
times, the limits set forth in Tables I, II, or III, above, do not
apply. All motorized equipment used in construction and demolition
activity shall be operated with a muffler and/or sound reduction device,
and the operation of any commercial or industrial pile drivers, jackhammers,
steam shovels, bulldozers or other earth-moving machinery, derricks,
steam or electric hoist or other appliances shall be permitted only
between the hours of 7:00 a.m. and 6:00 p.m. on weekdays and between
the hours of 9:00 a.m. and 5:00 p.m. on Saturdays. The operation of
this equipment is prohibited on Sundays. Nothing herein shall prevent
the occupant or owner of the premises from making or causing to be
made repairs or improvements to, on or about the occupant's or
owner's premises on Sunday, provided that such activities can
meet the limits set forth in Table I, II, or III, above.
(2) Where urgent necessity, in the interest of public health, safety
and welfare, requires such activities to take place during hours other
than those specifically permitted herein, or on Sundays, same may
be accomplished, but only after a permit from the Township's
Construction Official has been secured. Said permit may be granted
for a period not to exceed three days and only while the emergency
continues. The permit may be renewed for periods of three days or
less while the emergency continues. In addition, if the Township's
Code Enforcement Official determines that the public health, safety
and welfare will not be impaired by the erection, demolition or repair
of any building or the excavation of streets and highways between
the hours of 6:00 p.m. and 7:00 a.m. during weekdays and between the
hours of 6:00 p.m. Friday and 9:00 a.m. Saturday or after 5:00 p.m.
on Saturday and before 7:00 a.m. Monday, and if he or she shall further
determine that substantial loss or inconvenience would be suffered
by any party if the ability to engage in such activities was denied,
he or she may grant permission for such work to be done during hours
otherwise prohibited herein upon application being made at the time
the permit for said work is awarded or during the progress of the
work.
D. Motorized snow removal equipment shall be operated with a muffler
and/or sound reduction device when being used for snow removal. At
all other times, the limits set forth in Tables I, II, or III, above,
do not apply.
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. At
all other times, the limits set forth in Tables I, II, and III, above,
do not apply.
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 25 feet in any direction
from the operator.
G. Animal noise.
(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 an NCO or NCI.
Prima facie evidence of a violation of this section shall include,
but not be limited to, the following:
(a)
Vocalizing (e.g., 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.
Violations of each paragraph of this section shall be considered
purposeful and therefore nonminor 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,
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 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 is plainly audible
at a 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.