[HISTORY: Adopted by the Township Committee of the Township of Hamilton
10-6-1986 by Ord. No. 930-86. Amendments noted where applicable.]
GENERAL REFERENCES
Alarm systems — See Ch. 99.
Animals — See Ch. 105.
Outdoor assemblies — See Ch. 108.
Curfew — See Ch. 150.
Excavations — See Ch. 163.
Nuisances — See Ch. 217.
Peace and good order — See Ch. 228.
Processions, parades and public assemblies — See Ch. 235.
Recreation areas and amusement centers — See Ch. 243.
Outdoor sporting events — See Ch. 261.
This article may be cited as the "Noise Control Ordinance for Stationary
Sources."
A.Â
Whereas excessive sound is a serious hazard to the public
health and 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 an environment
free from excessive sound; now, therefore, it is the policy of the Township
of Hamilton to prevent excessive sound that may jeopardize the health and
welfare or safety of the citizens or degrade the quality of life.
B.Â
This article shall apply to the control of sound originating
from stationary sources within the limits of the township.
As used in this article, the following terms shall have the meanings
indicated:
Any facility or property used for activities involving the furnishing
or handling of goods or services, including but not limited to:
Any site preparation, assembly, erection, repair, alteration or similar
action, but excluding demolition, of buildings or structures.
The abbreviation designating both the unit of measured sound level
(the decibel) and the mode of measurement that uses the A-weighting of a sound-level
meter.
The practical unit of measurement for sound-pressure level; the number
of decibels of a measured sound is equal to 20 times the logarithm to the
base 10 of the ratio of the sound pressure of the measured sound to the sound
pressure of a standard sound (20 micropascals); abbreviated "dB."
Any dismantling, intentional destruction or removal of buildings
or structures.
Any facility or property used for activities involving the production
or fabrication of goods, including but not limited to:
Any vehicle which is propelled or drawn on land by an engine or motor.
Any sounds of such level and duration as to be or tend to be injurious
to human health or welfare or that would unreasonably interfere with the enjoyment
of life or property.
An officially designated employee of the appropriate local authority
trained in the measurement of sound and empowered to issue citations of violations
of this article.
Any corporation, company, association, society, firm, partnership
and jointstock company, as well as individuals, and shall also include the
state and all its political subdivisions and any agencies or instrumentalities
thereof.
Any street, avenue, boulevard, road, highway, sidewalk or alley or
similar place that is owned or controlled by a governmental entity.
Any real property or structures thereon that are owned or controlled
by a governmental entity.
The imaginary line, including its planar extension, that separates
one parcel of real property from another.
Any property used for human habitation.
The sound-pressure level measured in decibels with a sound-level
meter set for A-weighting; sound level is expressed in dBA.
An instrument for the measurement of sound levels as specified in
N.J.A.C. 7:29B.
The level of a sound measured in decibel units with a sound-level
meter which has a uniform response over the band of frequencies measured.
Any day, Monday through Friday, which is not a legal holiday.
A.Â
The provisions of this article shall be administered
by the appropriate local authority.
B.Â
In order to implement and enforce this article and for
the general purpose of sound abatement and control, the noise control officer
shall have, in addition to his enforcement power, the power to:
(1)Â
Coordinate the noise control activities of all municipal
departments and cooperate with all other public bodies and agencies to the
extent practicable.
(2)Â
Review the actions of other municipal departments and
advise such departments of the effect, if any, of such actions on noise control.
(3)Â
Review public and private projects, subject to mandatory
review or approval by other departments, for compliance with this article.
C.Â
A person shall be considered qualified to be a noise
control officer if the person has satisfactorily completed any of the following:
(1)Â
Community Noise: A Short Course, offered by the Department
of Environmental Science of Cook College, Rutgers, the State University;
(2)Â
A program of tutoring and on-the-job training offered
by the New Jersey Department of Environmental Protection, Office of Noise
Control, to its employees; or
(3)Â
Education or experience or a combination thereof certified
by the above Department as equivalent to the provisions of Subsection C(l)
and (2) above.
D.Â
Noise measurements made by the noise control officer
must be taken according to procedures specified by N.J.A.C. 7:29B.
A.Â
All departments and agencies of the township shall, to
the fullest extent consistent with other law, carry out their programs in
such a manner as to further the policy of this article and shall cooperate
with the noise control officer in the implementation and enforcement of this
article.
B.Â
All departments charged with new projects or changes
to existing projects that may result in the production of noise shall consult
with the noise control officer prior to the approval of such projects to ensure
that such activities comply with the provisions of this article.
A.Â
No person shall cause, suffer, allow or permit the operation
of any source of sound on a particular category of property in such a manner
as to create a sound level that exceeds the particular sound level limits
set forth in Table I when measured at the real property line of the receiving
property.
Table I. Maximum Permissible Sound Levels byR eceiving Property
Category
| ||||
---|---|---|---|---|
                      Receiving
Property Category
| ||||
      Residential
|
Commercial
|
Industrial
| ||
Sound Source Property Category
|
7:00 a.m.- 10:00 p.m.
|
10:00 p.m.- 7:00 a.m.
|
All Times
|
All Times
|
Residential
|
55
|
50
|
65
|
75
|
Commercial
|
65
|
50
|
65
|
75
|
Industrial
|
65
|
50
|
65
|
75
|
B.Â
Exemptions. The following sources will be exempted:
(1)Â
Domestic power tools, lawn mowers and agricultural equipment
when operated with a muffler between the hours of 8:00 a.m. to 8:00 p.m. on
weekdays and 9:00 a.m. to 8:00 p.m. on weekends and legal holidays, if not
exceeding 85 decibels.
(2)Â
Sound from church bells and church chimes.
(4)Â
Noise from air-conditioning and air-handling devices, except as provided in § 214-7B(13).
(5)Â
Noise from snowblowers, snow throwers and snowplows when
operated with a muffler for the purpose of snow removal.
(6)Â
Assigned activity of municipal employees performing employment
tasks or approved municipal public events.
A.Â
No person shall cause, suffer, allow or permit to be
made verbally or mechanically any unnecessary noise. Noncommercial public
speaking and public assembly activities conducted on any public space or public
right-of-way shall be exempt from the operation of this section. Unnecessary
shall mean noise which is unreasonably made in view of the attending circumstances.
B.Â
No person shall cause, suffer, allow or permit the following
acts:
(1)Â
Sound-reproduction systems. Operating, playing or permitting
the operation or playing of any radio, television, phonograph or similar device
that reproduces or amplifies sound:
(a)Â
In such a manner as to create unnecessary noise at 50
feet (15 meters) from such device when operated in or on a motor vehicle on
a public right-of-way or public space;
(b)Â
In such a manner as to create unnecessary noise for any
person other than the operator of the device; or
(c)Â
In such a manner as to create a sound level across a
real property line or through partitions common to two or more persons within
a building that exceeds any applicable limit set forth in Table I.
(2)Â
Loudspeakers/public address systems. Using or operating
of any loudspeaker, public address system or similar device between the hours
of 10:00 p.m. and 8:00 a.m. the following day, such that the sound therefrom
creates unnecessary noise across a residential real property line.
(3)Â
Street sales. Offering for sale or selling anything by
shouting or outcry within any residential or commercial area.
(4)Â
Animals and birds. Owning, possessing or harboring any
animal or bird that frequently or for continued duration makes sounds that
create a noise disturbance across a residential real property line. For the
purpose of this article, "noise disturbance" from a barking dog may be defined
as that created by a dog barking continuously for 10 minutes or intermittently
for 30 minutes.
(5)Â
Loading and unloading. Loading, unloading, opening, closing
or other handling of boxes, crates, containers, building materials, liquids,
garbage cans or similar objects:
(a)Â
Between the hours of 10:00 p.m. and 7:00 a.m. the following
day in such a manner as to exceed any applicable limit set forth in Table
I across a residential real property line.
(b)Â
By persons engaged in the business of scavenging or garbage
collection, whether private or municipal, between the hours of 11:00 p.m.
and 6:00 a.m. the following day on weekdays and between the hours of 10:00
p.m. and 6:00 a.m. the following day on weekends and holidays, except by permit.
(6)Â
Motor vehicle repairs and testing. Repairing, rebuilding,
modifying or testing any motor vehicle or motorboat in such a manner as to
exceed any applicable limit in Table I across a residential real property
line.
(7)Â
Construction. Operating or permitting the operation of any tools or equipment used in construction, drilling or demolition work between the hours of 6:00 p.m. and 7:00 a.m. the following day on weekdays or at any time on weekends or legal holidays, except for emergency work or action, by special variance issued pursuant to § 214-8 or when the sound level does not exceed any applicable limit specified in Table 1.
(8)Â
Places of public entertainment. Operating, playing or
permitting the operation or playing of any radio, television, phonograph,
drum, musical instrument, sound amplifier or similar device that produces,
reproduces or amplifies sound in any place of public entertainment as to exceed
any applicable limit specified in Table I.
(9)Â
Stationary emergency signaling devices. Causing noise
from stationary emergency signaling devices that is not in accordance with
the provisions of N.J.A.C. 7:29-13, which provisions are incorporated herein
by reference.
(10)Â
Domestic power tools. Operating or permitting the operation
of any mechanically powered saw, drill, sander, grinder, lawn or garden tool
or similar device used outdoors in residential areas between the hours of
8:00 p.m. and 8:00 a.m. the following day on weekdays and from 8:00 p.m. to
9:00 a.m. on weekends and legal holidays so as to cause unnecessary noise
across a residential real property line.
(11)Â
Burglar alarms. Sounding or permitting the sounding of
any exterior burglar alarm on any building or motor vehicle unless such burglar
alarm shall terminate its operation within 15 minutes of its being activated.
(12)Â
Refuse compacting vehicles. The operating or permitting
to be operated of any motor vehicle that can compact refuse, between the hours
of 6:00 p.m. and 6:00 a.m. the following day in residential areas.
(13)Â
Air-conditioning and air-handling devices. The operation
of air-conditioning or air-handling devices, including heat pumps, that produce
a sound level greater than 55 dBA at a real property line of a residential
property, except when said operation produces less than an increase of five
dBA in the sound level that exists in the absence of such sound.
A.Â
The provisions of this article shall not apply to the
emission of sound for the purpose of altering persons to the existence of
an emergency or the emission of sound in the performance of emergency work
or action.
B.Â
The noise control officer shall have the authority to
grant special variances, provided that they are consistent with N.J.A.C. 7:29.
C.Â
The noise control officer shall establish regulations
governing exceptions, variances and appeals; such regulations shall be subject
to the approval of the appropriate local authority prior to promulgation thereof.
D.Â
The noise control officer shall not enforce any noise
regulations within the jurisdiction of the Occupational Safety and Health
Act.
Violation of any provision of this article shall be cause for a notice
of violation to be issued by the noise control officer.
A.Â
Except as provided in Subsection B, in lieu of issuing a notice of violation as provided in § 214-9, the noise control officer 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.
A.Â
Any person who violates any provision of this article
shall be subject to a penalty for each offense of not more than $200.
B.Â
Any person who willfully or knowingly violates any provision
of this article shall be subject to a penalty for each offense of a sum of
not less than $50 and not more than $500.
C.Â
If the violation is of a continuing nature, each day
during which it continues shall constitute an additional, separate and distinct
offense.
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.
This article may be cited as the "Noise Control Ordinance for Mobile
Sources."
A.Â
Whereas excessive sound is a serious hazard to the public
health and 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 an environment
free from excessive sound; now, therefore, it is the policy of the Township
of Hamilton to prevent excessive sound that may jeopardize the health and
welfare or safety of the citizens or degrade the quality of life.
B.Â
This article shall apply to the control of sound originating
from mobile sources within the limits of the township.
As used in this article, the following terms shall have the meanings
indicated:
The abbreviation designating both the unit of measured sound level,
the decibel, and the mode of measurement that uses the A-weighting of a sound-level
meter.
The practical unit of measurement for sound-pressure level; the number
of decibels of a measured sound is equal to 20 times the logarithm to the
base 10 of the ratio of the sound pressure of the measured sound to the sound
pressure of a standard sound (20 micropascals); abbreviated "dB."
The value specified by the manufacturer as the recommended maximum
loaded weight of a single motor vehicle. In cases where trailers and tractors
are separable, the gross combination weight rating (GCWR) which is the value
specified by the manufacturer as the recommended maximum loaded weight of
the combination vehicle, shall be used.
Any vehicle for which regulations apply pursuant to Section 18 of
the Federal Noise Control Act of 1972 (P.L. 92-574), as amended, pertaining
to motor carriers engaged in interstate commerce.
An unenclosed motor vehicle having a saddle for the use of the operator
and two or three wheels in contact with the ground, including but not limited
to motor scooters, mopeds and minibikes.
Any vehicle that is propelled or drawn on land by an engine or motor,
such as but not limited to passenger cars, trucks, truck trailers, semitrailers,
campers, go-carts, snowmobiles, amphibious craft on land, dune buggies or
racing vehicles, but not including motorcycles.
A sound-dissipative device or system for abating the sound of escaping
gases of an internal combustion engine.
Any sounds of such level and duration as to be or tend to be injurious
to human health or welfare or which would unreasonably interfere with the
enjoyment of life or property.
An officially designated employee of the Police Department trained
in the measurement of sound and empowered to issue citations of violations
of this article.
Any corporation, company, association, society, firm, partnership
and joint-stock company as well as individuals, and shall also include the
state and all its political subdivisions and any agencies or instrumentalities
thereof.
Any street, avenue, boulevard, road, highway, sidewalk or alley or
similar place that is owned or controlled by a governmental entity.
Any real property or structures thereon that are owned or controlled
by a governmental entity.
The imaginary line, including its planar extension, that separates
one parcel of real property from another.
Any property used for human habitation.
The sound-pressure level measured in decibels with a sound-level
meter set for A-weighting; sound level is expressed in dBA.
An instrument for the measurement of sound levels as specified in
N.J.A.C. 7:29B.
The level of a sound measured in decibel units with a sound-level
meter which has a uniform response over the band of frequencies measured.
A.Â
The noise control program established by this article
shall be administered by the Police Department.
B.Â
The Police Department shall be empowered to stop any
motor vehicle or motorcycle operated on a public right-of-way or public space
reasonably suspected of violating any provisions of this article.
C.Â
The noise control officer must be qualified according
to N.J.A.C. 7:29B-1.11.
D.Â
Noise measurements made by the noise control officer
must be taken according to procedures specified by N.J.A.C. 7:29B.
A.Â
Motor vehicles and motorcycles on public rights-of-way.
No person shall cause, suffer, allow or permit the operation of a public or
private motor vehicle or motorcycle on a public right-of-way at any time in
such a manner that the sound level emitted by the motor vehicle or motorcycle
exceeds the level set forth in Table I.
Table 1. Maximum Permissible Sound Levels
From Motor Vehicles and Motorcycles
(Measured according to Department of Transportation, Bureau of Motor
Carrier Safety Regulations for enforcement of Motor Carrier Noise Emission
Standards, Title 49, CFR Chapter II, Part 325, 40FR42437)
|
Sound level in dBA at 50 ft. (15 meters) from center line of vehicle
travel
| ||||
---|---|---|---|---|
Speed limit
|
Speed Limit
| |||
Vehicle Class
|
35 mph or Less
|
Over 35 mph
|
Stationary Run-Up
| |
Motor carrier vehicle engaged in interstate commerce of GVWR or GCWR
of 10,000 pounds or more
|
86
|
90
|
88
| |
All other motor vehicles of GVWR or GCWR of 10,000 pounds or more
|
86
|
90
| ||
Any motorcycle
|
82
|
86
| ||
Any other motor vehicle or any combination of vehicles towed by any
motor vehicle
|
76
|
82
|
Sound level in dBA at 15 feet from the edge of the lane of
vehicle travel
| ||
---|---|---|
Vehicle Class
|
Speed limit 35 mph or Less
| |
Any motor vehicle or motorcycle with a GVWR less than 10,000 pounds
|
80
|
(1)Â
Adequate mufflers.
(a)Â
No person shall cause, suffer, allow or permit the operation
of any motor vehicle or motorcycle not equipped with an original muffler or
equivalent replacement in good working order and in constant operation.
(b)Â
No person shall remove or render inoperative, or cause
to be removed or rendered inoperative, other than for purposes of maintenance,
repair or replacement, any muffler on a motor vehicle or motorcycle.
(2)Â
Motor vehicle horns and signaling devices. The following
acts and the causing thereof are declared to be in violation of this article:
(a)Â
The sounding of any horn or other auditory signaling
device in any motor vehicle or motorcycle on any public right-of-way or public
space, except as a warning of danger.
(b)Â
The sounding of any horn or other auditory signaling
device that produces a sound level in excess of 100 dBA at 25 feet (7.5 meters).
(3)Â
Standing motor vehicles. No person shall operate or permit
the operation of any motor vehicle or any auxiliary equipment attached to
such a vehicle, for a period longer than three minutes in any hour while the
vehicle is stationary, for reasons other than traffic congestion, on any private
property or on a public right-of-way or public space within 150 feet (46 meters)
of a residential area between the hours of 8:00 p.m. and 8:00 a.m. the following
day.
B.Â
Recreational motorized vehicles operating off public
rights-of-way.
(1)Â
Except as permitted in Subsection B(2), no person shall operate or cause to be operated any recreational motorized vehicle in such a manner that the sound level emitted therefrom exceeds the limits set forth in Table II at either a distance of 50 feet (15 meters) or more from the path of the vehicle when operated on a public space or at or across a real property line when operated on private property. This section shall apply to all recreational motorized vehicles, whether or not duly licensed or registered.
(2)Â
Permits for motor vehicle racing events may be obtained from the noise control officer according to procedures and criteria set forth in § 214-18.
Table II. Maximum Permissible Sound Levels for Recreational Motorized
Vehicles
| |||
---|---|---|---|
Vehicle Type
|
Sound Level
| ||
Motorcycle
| |||
Unit manufactured before 1975
|
86
| ||
Unit manufactured after 1975
|
84
| ||
Any other vehicle
| |||
Unit manufactured before 1975
|
84
| ||
Unit manufactured after 1975
|
80
|
A.Â
The provisions of this article shall not apply to the
emission of sound for the purpose of alerting persons to the existence of
an emergency.
B.Â
The noise control officer shall have the authority to grant special variances which may be requested pursuant to § 214-17B(2).
C.Â
The noise control officer shall establish regulations
governing exceptions, variances and appeals; such regulations shall be subject
to the approval of the appropriate local authority prior to promulgation thereof.
Violation of any provision of this article shall be cause for a notice
of violation to be issued by the noise control officer.
A.Â
Except as provided in Subsection B, in lieu of issuing a notice of violation as provided in § 214-19, the noise control officer 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.
A.Â
Any person who violates any provision of this article
shall be subject to a penalty for each offense of not more than $200.
B.Â
Any person who willfully or knowingly violates any provision
of this article shall be subject to a penalty for each offense of a sum of
not less than $50 and not more than $500.
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.