[HISTORY: Adopted by the Borough Council
of the Borough of Caldwell as indicated in article histories. Amendments
noted where applicable.]
[Adopted 11-16-1964 by Ord. No. 452 as
Sec. 17-17 of the 1964 Code]
[Amended 2-10-1970 by Ord. No. 509-70; 9-23-1986 by Ord. No.
780-86; 8-13-1996 by Ord. No. 1015-96; 9-24-1996 by Ord. No.
1022-96; 10-8-1996 by Ord. No. 1024-96; 3-1-2022 by Ord. No. 1426-22]
It shall be unlawful for any person to make, continue or cause
to be made or continued any loud, unnecessary or unusual noise or
any noise which either annoys, disturbs, injures or endangers the
comfort, repose, health, peace or safety of others within the Borough.
The following acts, among others, are declared to be loud, disturbing
and unnecessary noises in violation of this section, but such enumeration
shall not be deemed to be exclusive:
A.
Horns, signaling devices, etc. The sounding of any horn or signaling
device on any automobile, motorcycle or other vehicle on any street
or public place in the city, except as a danger warning; the creation
by means of any such signaling device of any unreasonably loud or
harsh sound; the sounding of any such device for an unnecessary and
unreasonable period of time; the use of any signaling device except
one operated by hand or electricity; the use of any horn, whistle
or other device operated by engine exhaust; and the use of any such
signaling device when traffic is for any reason held up.
B.
Radios, phonographs, etc. The using, operating or permitting to be
played, used or operated any radio receiving set, musical instrument,
phonograph or other machine or device for the producing or reproducing
of sound in such manner as to disturb the peace, quiet and comfort
of the neighboring inhabitants or at any time with louder volume than
is necessary for convenient hearing for the person which is in the
room, vehicle or chamber in which such machine or device is operated
and who is voluntarily a listener thereto. The operation of any such
set, instrument, phonograph, machine or device between the hours of
11:00 p.m. and 7:00 a.m. in such a manner as to be plainly audible
at a distance of 50 feet from the building, structure or vehicle in
which it is located shall be prima facie evidence of a violation of
this section.
C.
Loudspeakers or amplifiers for advertising. 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
which is cast upon the public streets for the purpose of commercial
advertising or attracting the attention of the public to any building
or structure.
D.
Yelling, shouting, etc. Yelling, shouting, hooting, whistling or
singing on the public streets, particularly between the hours of 11:00
p.m. and 7:00 a.m., or at any time or place so as to annoy or disturb
the quiet, comfort or repose of persons in any office or in any dwelling,
hotel or other type of residence or of any person in the vicinity.
E.
Animals, birds, etc. The keeping of any animal or bird which, by
causing frequent or long continued noise, shall disturb the comfort
or repose of any persons in the vicinity.
F.
Steam whistles. The blowing of any locomotive steam whistle or steam
whistle attached to any stationary boiler, except to give notice of
the time to begin or stop work or as a warning of fire or danger,
or upon request of proper Borough authorities.
G.
Exhausts. The discharge into the open air of the exhaust of any steam
engine, stationary internal combustion engine, motorboat or motor
vehicle, except through a muffler or other vehicle which will effectively
prevent loud or explosive noises therefrom.
H.
Defect in vehicle or load. The use of any automobile, motorcycle
or other vehicle so out of repair, so loaded or in such manner as
to create loud and unnecessary grating, grinding, rattling or other
noise.
I.
Loading and unloading. Loading or unloading from or into structures
or motor vehicles, the opening, closing, or handling of any materials,
garbage containers, recycling containers, or similar objects, or the
stationary idling of vehicles, between the hours of 10:00 p.m. and
7:00 a.m. the following day in such a way as to cause a noise disturbance
across a residential real property boundary.
J.
Construction or repairing of buildings. The erection (including excavating),
demolition, alteration or repair of any building other than between
the hours of 7:00 a.m. and 6:00 p.m. on weekdays and 8:00 a.m. and
6:00 p.m. on Saturdays except those Saturdays which are designated
as any of the following holidays: New Year's Day; Martin Luther
King Day; Lincoln's Birthday; Washington's Birthday; Memorial
Day; Independence Day; Columbus Day; Veterans Day and Christmas, except
in case of emergency requiring such activity in the interest of public
health, safety and welfare, and then only with a permit from the Building
Inspector, which permit may be granted for a period not to exceed
three days or less while the emergency continues and which permit
may be renewed for periods of three days or less while the emergency
continues. If the Building Inspector should determine that the public
health, safety and welfare will not be impaired by the erection, demolition,
alteration 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., and if
he shall further determine that loss or inconvenience would result
to any party in interest, he may grant permission for such work to
be done between the hours of 6:00 p.m. to 7:00 a.m. upon application
being made at the time the permit for the work is awarded or during
the progress of the work.
K.
Schools, courts, churches, hospitals. The creation of any excessive
noise on any street adjacent to any school, institution of learning,
church or court while the same are in use, or adjacent to any hospital,
which unreasonably interferes with the workings of such institution
or which disturbs or unduly annoys patients in the hospital, provided
that conspicuous signs are displayed in such streets indicating that
the same is a school, hospital or court street.
L.
Hawkers, peddlers, etc. The shouting and crying of peddlers, hawkers
and vendors which disturbs the peace and quiet of the neighborhood.
M.
Drums. The use of any drum or other instrument or device for the
purpose of attracting attention by creation of noise to any performance,
show or sale.
N.
Metal rails, pillars and columns, transportation thereof. The transportation
of rails, pillars or columns of iron, steel or other material over
and along streets and other public places upon carts, drays, cars,
trucks or in any other manner so loaded as to cause loud noises or
as to disturb the peace and quiet of such streets or other public
places.
O.
Refrigeration and air-conditioning equipment. The operation and use
of any refrigeration or air-conditioning equipment or apparatus or
any mechanical device particularly during the hours between 11:00
p.m. and 7:00 a.m. creating an audible noise which annoys or disturbs
the quiet, comfort or repose of persons in any dwelling or other type
of residence. Audible noise shall mean a sound level in excess of
45 decibels on the A-weighted sound level measured in the center of
a room or place wherein the annoyance exists by a sound level meter
conforming to the standard of the American Standard Association Inc.
of New York.
P.
Pile drivers, hammers, etc. The operation between the hours of 10:00
p.m. and 7:00 a.m. of any pile driver, steam shovel, pneumatic hammer,
derrick, steam or electric hoist or other appliance, the use of which
is attended by loud or unusual noise.
Q.
Blowers. The operation of any noise-creating blower or power fan
or any internal combustion engine, the operation of which causes noise
due to the explosion of operating gases or fluids, unless the noise
from such blower or fan is muffled and such engine is equipped with
a muffler device sufficient to deaden such noise.
R.
Lawn mowers/blowers.
[Added 7-13-1999 by Ord.
No. 1073-99; amended 10-14-2008 by Ord. No. 1187-08]
Any person who violates any provision of this
article shall be subject to fine not exceeding $2,000, imprisonment
for a term not exceeding 90 days, a period of community service not
exceeding 90 days, or a combination thereof.
[Adopted 12-11-1984 by Ord. No. 742-84]
A.
Findings.
(1)
Excessive sound is a serious hazard to the public
health, welfare, safety and the quality of life.
(2)
A substantial body of science and technology exists
by which excessive sound may be substantially abated.
(3)
The people have a right to and should be ensured an
environment free from excessive sound.
(4)
The Borough Council of the Borough of Caldwell declares
excessive noise a nuisance.
(5)
It is the policy of the Borough of Caldwell to prevent
excessive sound that may jeopardize the health, welfare or safety
of the citizens or degrade the quality of life.
B.
This article shall apply to the control of sound originating
from stationary sources within the limits of the Borough of Caldwell.
A.
Definitions regarding commercial, residential, multifamily, professional and industrial uses, whether conforming or nonconforming, are to be interpreted as defined in Chapter 250, Zoning.
B.
CONTINUOUS AIRBORNE SOUND
dBA
DECIBEL
EMERGENCY ENERGY RELEASE DEVICE
FREQUENCY
IEC
IMPULSIVE SOUND
IMPULSIVE SOUND LEVEL
OCTAVE BAND SOUND PRESSURE LEVEL
PERSON
SOUND LEVEL
SOUND PRESSURE LEVEL
STATIONARY EMERGENCY SIGNALING DEVICE
As used in this article, the following terms shall
have the meanings indicated:
Sound that is measured by slow response setting of sound
level meter.
The measured sound level expressed in dB when using the A-weighted
network of sound level meter.
A unit for measuring the volume of sound, equal to the logarithm
of the ratio of the sound pressure of the sound, to the sound pressure
of a standard sound (.0002 microbars), abbreviated "dB."
Emergency safety devices expressly used to release excess
energy which do not have regularly scheduled operation. Process control
devices are not to be considered emergency devices.
The number of oscillations per sound, expressed in hertz
(abbreviation Hz).
International Electrotechnic Commission.
Either a single pressure peak or a single burst (multiple
pressure peaks) for a duration less than one second.
The maximum instantaneous sound pressure level measured by
an impulse sound level meter meeting IEC - Publication 179 or the
latest revision thereof.
Sound pressure level measured in standard octave bands with
sound level meter and octave band analyzer that meet ANSI S 1.4 and
1.11 or the latest revision thereof.
Any individual, public or private corporation, political
subdivision, governmental agency, department or bureau of the state,
municipality, industry, copartnership, association, nonprofit or charitable
organization; educational institution or fraternal society.
The measured level of a sound, expressed in dB re 0.0002
microbar, obtained using a sound level meter. Sound levels include
all frequency response, amplifier characteristics meter damping, observer
effects and weighting networks.
The sound pressure level, in decibels, of a sound is 20 times
the logarithm to the base 10 of the ratio of the pressure of the sound
to the reference sound pressure. Sound pressure level is measured
with a sound level meter ANSI - S 1.4 or the latest revision thereof.
Any device, excluding those attached to motor vehicles, used
to alert persons engaged in emergency operations. These include but
are not limited to fire fighters, first aid squad members and law
enforcement officers, whether paid or volunteer.
A.
Upon effective date of this chapter, no person shall
cause, suffer or permit sound from any industrial or commercial operation
or any other source which when measured at any residential property
line is in excess of any of the following:
(1)
From 7:00 a.m. to 10:00 p.m.
(a)
Continuous airborne sound which has sound level
in excess of 65 dBA;
(b)
Continuous airborne sound which has an octave
band sound pressure level in decibels which exceeds the values listed
below in more octave bands; or
|
Octave Band Center Frequency
(Hz)
|
Octave Band Sound Pressure Level
(dB)
|
|---|---|
|
31.5
|
96
|
|
63
|
82
|
|
125
|
74
|
|
250
|
67
|
|
500
|
63
|
|
1,000
|
60
|
|
2,000
|
57
|
|
4,000
|
55
|
|
8,000
|
53
|
(c)
Impulsive sound in air which has an impulsive
sound level in excess of 80 decibels.
(2)
From 10:00 p.m. to 7:00 a.m.
(a)
Continuous airborne sound which has a sound
level in excess of 50 dBA;
(b)
Continuous airborne sound which has an octave
band sound pressure level in decibels which exceeds the values listed
below in one or more octave bands; or
|
Octave Band Center Frequency
(Hz)
|
Octave Band Sound Pressure Level
(dB)
|
|---|---|
|
31.5
|
86
|
|
63
|
71
|
|
125
|
61
|
|
250
|
53
|
|
500
|
48
|
|
1,000
|
45
|
|
2,000
|
42
|
|
4,000
|
40
|
|
8,000
|
38
|
(c)
Impulsive sound in air which has an impulsive
sound level in excess of 80 decibels.
B.
No person shall cause, suffer, allow or permit sound
from any industrial or commercial operation which when measured at
the property lines of any other commercial operation is in excess
of any of the following:
(1)
Continuous airborne sound which has a sound level
in excess of 65 dBA;
(2)
Continuous airborne sound which has an octave band
sound pressure level in decibels which exceeds the values listed below
in one or more octave bands; or
|
Octave Band
Center Frequency
(Hz)
|
Octave Band Sound
Pressure Level
(dB)
|
|---|---|
|
31.5
|
96
|
|
63
|
82
|
|
125
|
74
|
|
250
|
67
|
|
500
|
63
|
|
1,000
|
60
|
|
2,000
|
57
|
|
4,000
|
55
|
|
8,000
|
53
|
(3)
Impulsive sound in air which has an impulsive sound
level in excess of 80 decibels.
C.
No person shall cause, suffer, allow or permit sound
from any residential source which when measured at the property line
exceeds the limits set forth in Table 1.
|
TABLE 1
Maximum Permissible Sound Levels From
Residential Sources by
Receiving Land Use Category
| ||
|---|---|---|
|
Receiving Land Uses Category
|
Maximum dB 7:00 a.m. to 10:00 p.m.
|
Maximum dB 10:00 p.m. to 7:00 a.m.
|
|
Residential
|
55
|
50
|
|
Commercial
|
65
|
65
|
|
Industrial
|
75
|
75
|
D.
No person shall cause, suffer, allow or permit sound
from any industrial source which when measured at the property line
of any other industrial operation exceeds 75 dB at any time.
E.
The provisions of this section shall not apply to:
[Amended 12-11-1984 by Ord. No. 742-84]
(1)
The emission of sound for the purpose of altering
persons to the existence of an emergency.
(2)
The emission of sound in the performance of emergency
work to include but not limited to any work or action necessary to
deliver essential services, such as repairing water, gas, electricity,
telephones, sewer facilities or public transportation facilities,
removing fallen trees on public rights-of-way or abating life-threatening
conditions.
(3)
Noise from municipality sponsored or approved public
holiday celebrations.
The provisions of this article shall be enforced
by Noise Control Officers within the Board of Health, the Office of
the Construction Code Official and the Police Department.
The Board of Health shall have the power to:
A.
Coordinate the noise control activities of all municipal
departments and cooperate with all other public bodies and agencies
to the extent practicable.
B.
Review the actions of other municipal departments
and advise such departments of the effect, if any, of such actions
on noise control.
C.
Review public and private projects, subject to mandatory
review or approval by other departments, for compliance with this
article.
A.
A Noise Control Officer shall not use this article
in situations within the jurisdiction of the Federal Occupational
Safety and Health Act.
B.
A person shall be qualified to be a Noise Control
Officer if the person has satisfactorily completed any of the following:
C.
Noise measurement made by the Noise Control Officer
must be taken according to procedures specified by N.J.A.C. 7:29B.
A.
Any person who owns or operates any stationary noise
source may apply to the Department of Health for a variance from one
or more of the provisions of this article. Applications for a variance
shall supply information including, but not limited to:
(1)
The nature and location of the facility or process
for which such application is made.
(2)
The reason for which the variance is requested.
(3)
The nature and intensity of noise that will occur
during the period of the variance.
(4)
A description of interim noise control measures to
be taken by the applicant to minimize noise and the impacts occurring
therefrom.
(5)
A specific schedule of the noise control measures
which shall be taken to bring the source into compliance.
B.
Failure to supply the information required by the
Department of Health shall be cause for rejection of the application.
C.
The Department of Health may charge the applicant a fee as set forth in Chapter A270, Fees, to cover expenses resulting from the processing of the variance application.
[Amended 7-13-1999 by Ord. No. 1073-99]
D.
The Department of Health may limit the duration of
the variance, which shall never be longer than one year. Any person
holding a variance and requesting an extension of time may apply for
a new variance under the provisions of this section.
E.
The variance shall operate as a stay of prosecution.
F.
The variance may be revoked by the Department of Health
if the terms of the variance are violated.
G.
No variance shall be approved unless the applicant
presents adequate proof that:
H.
In making the determination on granting a variance,
the Noise Control Administrator shall consider:
(1)
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)
The social and economic value of the activity for
which the variance is sought.
(3)
The ability of the applicant to apply best practical
noise control measures.
I.
A variance may be revoked by the Noise Control Administrator
if there is:
A.
Issuance of summons. Violation of any provision of
this article shall be cause for a summons to be issued by a Noise
Control Officer.
B.
Abatement orders.
(1)
Except as provided in B(2) below, in lieu of issuing a summons as provided in Subsection A, the Department of Health 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.
[Amended 7-13-1999 by Ord. No. 1073-99; 10-14-2008 by Ord. No. 1187-08]
Any person who violates any provision of this
article shall be subject to fine not exceeding $2,000, imprisonment
for a term not exceeding 90 days, a period of community service not
exceeding 90 days, or a combination thereof.
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.
