[HISTORY: Adopted by the Township Council of the Township
of Cedar Grove 5-18-2009 by Ord. No. 09-698.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Alarm systems — See Ch. 81.
Places of amusement — See Ch. 88.
Animals — See Ch. 91.
Curfew — See Ch. 122.
Nuisances — See Ch. 179.
Peace and good order — See Ch. 188.
Peddling and soliciting — See Ch. 190.
[1]
Editor's Note: This chapter also repealed former Ch.
176, Noise, adopted 5-15-1950 (Ch. 13, Art. 2, of the former Revised
Ordinances), as amended.
The Council hereby finds and declares that:
A.
The making, creation or maintenance of such loud, unnecessary, unnatural
or unusual noises which are prolonged, unusual and unnatural in their
time, place and use affect and are a detriment to public health, quality
of life, convenience, safety, welfare and prosperity of the residents
of the Township.
B.
A substantial body of science and technology exists by which excessive
sound may be abated.
C.
The people have a right to, and should be ensured of, an environment
free from excessive sound.
D.
The provisions and prohibitions hereinafter contained in this chapter
are necessary in the public interest, embody the public policy of
this Township and are for the purpose of securing and promoting the
public health, comfort, convenience, safety, welfare, prosperity and
the peace and quiet of the Township and its inhabitants.
E.
This chapter shall apply to the control of sound originating from
sources within the Township of Cedar Grove.
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
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 Township police officer or other Township employee who has
received noise enforcement training, is currently certified in noise
enforcement, is acting within the scope of his or her designated jurisdiction,
and is 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 the
artist performing the song.
Any street, avenue, boulevard, road, highway, sidewalk, alley
or easement that is owned, leased, or controlled by a non-governmental
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
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 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. 7:29-1.4, 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 of Environmental
Protection (DEP) in N.J.A.C. 7:29-2.11, noise certification and recertification
courses 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 DEP.
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 § 176-5B and C of this regulation and with the definition of "real property line" as contained herein.
C.
Noise control officers shall have the power to:
(1)
Review public and private projects, subject to mandatory review or
approval by other departments or boards, for compliance with this
chapter; and
(2)
(3)
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 § 176-3A 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 at §§ 176-6 and 176-7 when measured at or within the real property line of any of the receiving properties listed in § 176-3B, 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. The allowable
sound level standards for indoors are as shown in Tables I and II.
No person shall cause, suffer, allow, or permit the operation of any source of sound on any source property listed in § 176-3A 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 multi-use
property
|
Commercial facility, public service facility, non-residential
portion of a multi-use property, or community service facility
| |
|---|---|---|---|
|
Time
|
7:00 a.m. to 10:00 p.m.
|
10:00 p.m. to 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 multi-use
property
|
Commercial facility,* or nonresidential portion of a multi-use
property
| |
|---|---|---|---|
|
Time
|
7:00 a.m. to 10:00 p.m.
|
10:00 p.m. to 7:00 a.m.
|
24 hours
|
|
Maximum A-weighted sound level standard, dB
|
55
|
40
|
55
|
|
Note:
|
|
*In those instances when a commercial facility shares a common
wall/ceiling/floor with another commercial facility that is producing
the sound.
|
A.
No person shall cause, suffer, allow, or permit the operation of any source of sound on any source property listed in § 176-3A 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 two dB in the bands containing
the principal source frequencies, the measurement must be discontinued.
C.
Maximum Permissible Octave Band Sound Pressure Table:
|
Receiving Property Category
|
Residential property, or residential portion of a multi-use
property
|
Residential property, or residential portion of a multi-use
property
|
Commercial facility, public or community service facility,
non-residential portion of a multi-use property
|
Commercial facility,* or nonesidential portion of a multi-use
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. to 10:00 p.m.
|
10:00 p.m. to 7:00 a.m.
|
7:00 a.m. to 10:00 p.m.
|
10:00 p.m. to 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
|
|
Note:
|
|
*In those instances when a commercial facility shares a common
wall/ceiling/floor with another commercial facility that is producing
the sound.
|
A.
Except as provided in Subsection C below, the provisions of this chapter shall not apply to the exceptions listed at N.J.A.C. 7:29-1.5.
B.
Construction and demolition activities are exempt from the sound level limits set forth in Tables I and II, except as provided for in Subsection C below.
C.
Notwithstanding the provisions of Tables I and II at §§ 176-6 and 176-7, the following standards shall apply to the activities or sources of sound set forth below:
(1)
Self-contained, portable, hand-held music devices, nonportable devices,
radios, televisions, phonographs or sound amplification or reproduction
equipment shall not be operated in such a manner as to be plainly
audible at a distance of 25 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.
(2)
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.
(3)
Personal vehicular music amplification equipment shall not be operated
in such a manner as to be plainly audible at a distance of 25 feet
in any direction from the operator between the hours of 8:00 a.m.
and 10:00 p.m.
(4)
The using, operating or permitting to be played, used or operated
of any radio receiving set, musical instrument, phonograph, loudspeaker,
sound amplifier or other machine or device for the producing or reproducing
of sound or emitting of loud and raucous noises which are cast upon
the public streets for the purpose of commercial advertising.
(5)
Birds, dogs or other animals: owning, possessing or harboring any
pet animal that frequently or for continued duration makes sounds
that create a noise disturbance across a residential property line.
For the purpose of this provision, a noise disturbance from a pet
animal shall be defined as that created by a pet animal making noise
continually for 10 minutes or intermittently for 30 minutes unless
provoked. At all times, the limits set forth at Tables I and II do
not apply.
(6)
The creation of a loud or excessive noise audible at a distance of
25 feet in connection with loading or unloading any vehicle or the
opening and destruction of bales, boxes, crates and containers.
(7)
Construction, excavation, erection, alteration, repairing, demolition
activity, or landscaping, excluding emergency work as decided by the
Township Engineer, 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
8:00 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 owner's property by the homeowner only. No contractor
work is permitted.
[Amended 8-14-2017 by Ord. No.
17-814]
(8)
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 non-industrial power tools and landscaping and yard maintenance
equipment.
(9)
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.
(10)
Mechanical sweeping or vacuuming equipment or other mechanical
equipment used for the maintenance of commercial parking lots. Notwithstanding
the provisions contained in the various subsections of this section,
the operation of mechanical sweeping, vacuuming or other equipment
used for the cleaning or maintenance of commercial parking lots must
adhere to the 65 decibel daytime limit (between the hours of 7:00
a.m. and 10:00 p.m.) and 50 decibel nighttime limit (between the hours
of 10:00 p.m. and 7:00 a.m.) on weekdays.
[Amended 8-3-2009 by Ord. No. 09-699]
(11)
Motorized snow blowers, snow throwers, and lawn equipment with
attached snow plows shall be operated at all times with a muffler.
(12)
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.
The prohibitions contained in this chapter shall not apply to
the sources listed in N.J.A.C. 7:29-1.5.
A.
Violation of any provision of this chapter shall be cause for an
enforcement document to be issued to the violator by the Township
Police Department or other designated noise control officer according
to procedures set forth at N.J.A.C. 7:29-1.7. The recipient of an
enforcement document shall be entitled to a hearing in the municipal
court having jurisdiction to contest such action.
B.
Any person who violates any provision of this chapter shall be subject
to a civil penalty for each offense of not more than $3,000. If the
violation is of a continuing nature, each day during which it occurs
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.
A.
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 any court of competent jurisdiction, the remaining provisions
of the chapter shall not be invalidated.
B.
All ordinances or parts of ordinances which are inconsistent with
any provisions of this chapter are hereby repealed as to the extent
of such inconsistencies.
