[HISTORY: Adopted by the City Council of the City of Rahway 7-9-1984
by Ord. No. A-12-84 as Ch. 146, Art. V, of the 1984 Code;
amended in its entirety 7-13-1998 by Ord. No. O-22-98.
Subsequent 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 meanings 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 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 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 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 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 facilities. 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 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. 7:29-1.3, except that the testing
of the 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 excessive sound may be substantially
abated; and whereas, the people have a right to, and should be ensured of,
an environment free from excessive sound; now, therefore, it is the policy
of the City of Rahway to prevent excessive sound that may jeopardize the health,
welfare or safety of the citizens or degrade the quality of life.
B.
This chapter shall apply to the control of sound originating
from sources within the City of Rahway.
A.
The provisions of this chapter shall be enforced as applicable,
by either noise control officers or any law enforcement officer empowered
to enforce the laws of the State of New Jersey. All provisions which require
the measurement of sound levels by the use of a sound level measurement device
or other similar device shall be enforced only 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 is 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 to the procedures set forth in § 287-5B 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 City of Rahway and cooperate with all other public bodies and agencies
to the extent practicable;
(2)
Review the actions of the City of Rahway 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 in 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 § 287-2A 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.
D.
Impulsive sound. Impulsive sound shall not equal or exceed
80 decibels at all times.
(1)
Table I. No person shall cause, suffer, allow, or permit the operation of any source of sound on any source property listed in § 287-2A above in such a manner as to create a sound level that equals or exceeds the sound levels listed below:
|
TABLE I, MAXIMUM PERMISSIBLE A-WEIGHTED SOUND LEVELS
|
(a)
Outdoors.
|
Receiving Property Category
|
Residential Property, or Residential Portion of a Multi-Use Property
|
Commercial Facility, Public Service Facility, Nonresidential Portion
of a Multi-Use 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 Multi-Use Property
|
Commercial Facility* or Nonresidential Portion of a Multi-Use
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
|
|
*NOTE: In those instances when a commercial facility shares a common
wall/ceiling/floor with another commercial facility that is producing the
sound.
|
(2)
Table II.
|
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 § 287-2A 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, discontinue the measurements.
|
Receiving Property
|
Residential Property, or Residential Portion of a Multi- Use Property
|
Residential Property, or Residential Portion of a Multi- Use Property
| ||
|
Octave Band Center Frequency
(Hz)
|
OUTDOORS Octave Band Sound Pressure Level
(dB)
|
INDOORS Octave Band Sound Pressure Level
(dB)
| ||
|
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.
| |
|
31.5
|
96
|
86
|
86
|
76
|
|
63
|
82
|
71
|
72
|
61
|
|
125
|
74
|
61
|
64
|
51
|
|
250
|
67
|
53
|
57
|
43
|
|
500
|
63
|
48
|
53
|
38
|
|
1,000
|
60
|
45
|
50
|
35
|
|
2,000
|
57
|
42
|
47
|
32
|
|
4,000
|
55
|
40
|
45
|
30
|
|
8,000
|
53
|
38
|
43
|
28
|
|
Receiving Property
|
Commercial Facility, Public Service Facility, Nonresidential Portion
of a Multi- Use Property or Community Service Facility
|
Commercial Facility*, or Non- residential Portion of a Multi-Use
Property
|
|
Octave Band Center Frequency
(Hz)
|
OUTDOORS Octave Band Sound Pressure Level
(dB)
|
INDOORS Octave Band Sound Pressure Level
(dB)
|
|
24 Hours
|
24 Hours
| |
|
31.5
|
96
|
86
|
|
63
|
82
|
72
|
|
125
|
74
|
64
|
|
250
|
67
|
57
|
|
500
|
63
|
53
|
|
1,000
|
60
|
50
|
|
2,000
|
57
|
47
|
|
4,000
|
55
|
45
|
|
8,000
|
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.
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 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;
(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. At all times, the limits set forth in Tables
I and II do not apply;
(6)
Personal or commercial vehicular music amplification
or reproduction 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 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.
Violations 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 in 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.
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 any other law.
