[HISTORY: Adopted by the Mayor and Council
of the Borough of Maywood 8-14-84 as Ord. No. 12-84. Sections 226-8B, and 226-10A and
B amended at time of adoption of Code; see Ch. 1, General Provisions,
Art. I. Other amendments noted where applicable.]
It is hereby found and declared that:
A.
The occurrence of loud noises in the Borough of Maywood
constitutes a detriment to the public health, comfort, safety and
welfare of the residents of the Borough of Maywood.
B.
As a matter of legislative determination and public
policy, the provisions, regulations and prohibitions of this chapter
are in pursuance of and for the purpose of securing and promoting
the public health, comfort, convenience, safety and welfare and the
peace and quiet of the Borough of Maywood and its inhabitants.
C.
This chapter shall apply to the control of sound originating
from stationary sources within the limits of the Borough of Maywood.
As used in this chapter, the following terms
shall have the meanings indicated:
A group of commercial properties and the abutting public
rights-of-way and public spaces.
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 the 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-weighing
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]:
abbrieviated "dB."
Any intentional dismantling, destruction or removal of buildings
or structures.
Any work or action necessary to restore essential services,
including but not limited to repairing water, gas, electricity, telephone,
sewer facilities and public transportation, removing fallen trees
on public rights-of-way and abating life-threatening conditions.
Any facility or property used for activities involving the
production, fabrication, packaging, storage, warehousing, shipping
or distribution of goods.
Any vehicle which is propelled or drawn on land by an engine
or motor.
Any airborne 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 municipality, of
a group of municipalities or of the county trained in the measurement
of sound and empowered to issue citations of violations of this chapter.
Any sound that endangers the safety or health of any person
or disturbs a reasonable person of normal sensitivities or endangers
personal or real property.
Any individual, corporation, company, association, society,
firm, partnership, joint-stock company, the state or any political
subdivision, agency or instrumentality of the state.
Any street, avenue, boulevard, road, highway, sidewalk, 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.
Either the imaginary line, including its vertical extension,
that separates one parcel of real property from another or the vertical
and horizontal boundaries of a dwelling unit that is one in a multidwelling-unit
building.
A group of residential properties and the abutting public
rights-of-way and public spaces.
Any property used for human habitation.
The sound-pressure level measured in decibels with a sound-level
matter set for A-weighing; "sound level" is expressed in "dBA."
An instrument for the measurement of sound levels as specified
in N.J.A.C. 7:29B, which provisions are incorporated herein by reference.
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.
The provisions of this chapter respecting maximum
sound levels shall be enforced by the Noise Control Officer. All other
provisions may be enforced by either the Noise Control Officer or
any police officer of the borough.
B.
The Noise Control Officer shall have the power to:
(1)
Coordinate the noise control activities of all municipal
departments and cooperate with all other public bodies and agencies
to the extent practicable.
(2)
Review the actions of other municipal departments
and advise such departments of the effect, if any, of such actions
on noise control.
(3)
Review private projects, subject to mandatory review
or approval by other departments, for compliance with this chapter.
C.
The Noise Control Officer shall have the authority to grant permits for variances according to the provisions of § 226-8, provided that the variances are consistent with N.J.A.C. 7:29 et seq.
D.
The Noise Control Officer shall not use this chapter
in situations within the jurisdiction of the Federal Occupational
Safety and Health Act.
E.
A person shall be qualified to be a Noise Control
Officer if the person has satisfactorily completed any of the following:
F.
Noise measurements made by the Noise Control Officer
must be taken according to procedures specified by N.J.A.C. 7:29B,
which provisions are incorporated herein by reference.
All departments, boards and agencies of the
Borough of Maywood shall, to the fullest extent consistent with other
law, carry out their programs and activities in such a manner as to
further the policy of this chapter and shall cooperate with the Noise
Control Officer in the implementation and enforcement of this chapter.
A.
No person shall cause, suffer, allow or permit the
operation of any source of sound on a particular category of property
or any public lands or right-of-way in such a manner as to create
a sound level that exceeds the particular sound-level limits set forth
in Table I[1] when measured at or within the real property line of the
receiving property.
[1]
Editor's Note: Table 1 is included at the end of this chapter.
B.
When measuring noise within a multidwelling unit,
all doors and windows shall be closed, and the measurements shall
be taken in the center of the room.
A.
No person shall cause, allow or permit to be made,
verbally or mechanically, any noise disturbance. 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.
B.
No person shall cause, suffer, allow or permit the
following acts:
(1)
Sound-reproduction systems: operating, playing or
permitting the operation or playing of any radio, television, phonograph
or similar device that reproduces or amplifies sound in such a manner
as to create a noise disturbance for any person other than the operator
of the device.
(2)
Loudspeakers and 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. in the following day
such that the sound therefrom creates a noise disturbance across a
residential real property line.
(3)
Animals and birds: owning, possessing or harboring
any pet animal or pet 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 section, a noise disturbance
from a barking dog shall be defined as that created by a dog barking
continually for 10 minutes or intermittently for 30 minutes.
(4)
Loading and unloading: loading, unloading, opening,
closing or other handling of boxes, crates, containers, building materials,
liquids, garbage cans, refuse or similar objects or the pneumatic
or pumped loading or unloading of bulk materials in liquid, gaseous,
powder or pellet form or compacting refuse by persons engaged in the
business of scavenging or private garbage collection in such a manner
as to create a noise disturbance across residential property any time
on Sundays and legal holidays or between the hours of 8:00 p.m. and
6:00 a.m. on any other day of the week: provided, however, that such
prohibitions shall not apply to the loading or unloading of residential
furnishings from or into any residential dwelling unit.
(5)
Standing motor vehicles: operating or permitting the
operation of any motor vehicle or any auxiliary equipment attached
to such a vehicle for a period of longer than three minutes in any
hour while the vehicle is stationary, for reasons other than traffic
congestion or emergency work, 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. in the following day.
(6)
Motor vehicle repairs and testing: repairing, rebuilding,
modifying or testing any motor or engine in such a manner as to exceed
any applicable limit in Table I[1] across a residential area property line.
[1]
Editor's Note: Table 1 is included at the end of this chapter.
(7)
Construction: operating or permitting the operation of any tools or equipment used in construction, pneumatic drilling, earthmoving, excavating or demolition work any time on Sundays and legal holidays or between the hours of 6:00 p.m. and 7:00 a.m. on any other day or the operating of such tools or equipment at any time without a proper muffler except for emergency work, by special variance issued pursuant to § 226-8 or when the sound level does not exceed any applicable limit specified in Table I.[2]
[2]
Editor's Note: Table I is included at the end of this chapter.
C.
Proof of a violation of any provision of this section
shall not require proof of the decibel level of the noise which is
alleged to constitute such violation.
The provisions of this chapter shall not apply
to:
A.
Noise from domestic power tools, lawn mowers and agricultural
equipment, when operated with a muffler between the hours of 8:00
a.m. and 8:00 p.m. on weekdays and 9:00 a.m. and 8:00 p.m. on weekends
and legal holidays, provided that they produce less than 85 dBA at
any real property line of a residential property.
B.
Sound from church bells and church chimes when a part
of a religious observance or service.
D.
Noise from snowblowers, snow throwers and snowplows
when operated with a muffler for the purpose of snow removal.
E.
Noise from stationary emergency signaling devices
that conforms to the provisions of N.J.A.C. 7:29-13. which provisions
are incorporated herein by reference.
F.
Noise from an exterior burglar alarm of any building
or motor vehicle, provided that such burglar alarm shall terminate
its operation within 15 minutes of its being activated.
G.
Noise from the performance of any public or governmental
function, such as the sounding of a police, fire, ambulance, air raid
or like disaster warning, alert or alarm when such alarm is sounded
for an emergency purpose and is necessary to warn pedestrians and
motorists.
H.
Noise from engaging in political activity by means
of a sound truck or other amplifying device, provided that such persons
shall have first filed with the Noise Control Officer an application
for a permit setting forth the sponsorship, date, hours and routes
of such activity and the Noise Control Officer shall have issued a
permit after having ascertained that such activity is not in conflict
in terms of hours, route, traffic volume and like factors with respect
to any other previously scheduled activity.
I.
Noise from engaging in any activity specifically permitted
or required by an ordinance, resolution, statute or governmental regulation.
J.
Noise from engaging in any parade, event or recreational
activity organized or recognized by the Borough of Maywood in a location
designated by the Borough of Maywood for such activity.
A.
Any person who owns or operates any stationary noise
source may apply to the Noise Control Officer for a variance or a
partial variance from one or more of the provisions of this chapter
upon service by certified mail, return receipt requested, of a written
notice to all owners and residents of properties adjoining the property
on which the stationary noise source is located. Such notice shall
set forth the information contained on the application and shall further
state that any objection to the requested variance must be provided,
in writing, to the applicant and filed with the Noise Control Officer
within 10 days of receipt thereof.
(1)
Applications for a variance shall supply information,
including but not limited to:
(a)
Information on the nature and location of the
facility or process for which such application is made.
(b)
The reason for which the variance is required.
(c)
The nature and intensity of noise that will
occur during the period of the variance.
(d)
A description of interim noise control measures
to be taken by the applicant to minimize noise and the impacts occuring
therefrom.
(e)
A specific schedule of the noise control measures
which shall be taken to bring the source into compliance.
(2)
Failure to supply the information required by the
Noise Control Officer shall be cause for rejection of the application.
C.
The Noise Control Officer may grant a variance from
the provisions of this chapter where the strict application thereof
would result in peculiar and exceptional practical difficulties to
or exceptional and undue hardship upon the applicant, provided that
such variance can be granted without substantial detriment to the
public health, safety and welfare. The Noise Control Officer may,
at his/her discretion, limit the duration of the variance, which shall
never be longer than one year. Any person holding a variance and needing
an extension of time may apply for a new variance under the provisions
of this section.
D.
The filing of an application for a variance shall
operate as a stay of prosecution, except that such stay may be terminated
by the Noise Control Officer if the public health so requires.
E.
If written objection is received to the requested
variance, the Noise Control Officer shall schedule an informal hearing
upon 10 days' notice to the applicant and the objectors, at which
time all interested parties may be heard and may present evidence.
The Noise Control Officer shall not be bound by the strict application
of the rules of evidence. Upon the conclusion of such hearing, the
Noise Control Officer shall issue a written decision and shall furnish
a copy of the same to the applicant and each objector appearing.
A.
Upon the complaint of any citizen, the Noise Control
Officer or any police officer of the Borough of Maywood shall investigate
any alleged violation of this chapter and, upon information or belief,
may cause a complaint or summons to be issued.
B.
The foregoing shall not be construed to limit the
right to any aggrieved person to sign a complaint or otherwise seek
enforcement of any provision of this chapter.
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.
D.
In lieu of issuing a summons as provided in Subsection A above, the Noise Control Officer may issue an order requiring abatement of any source of sound alleged to be in violation of this chapter within a reasonable time period and according to guidelines which the Noise Control Officer may prescribe.
A.
Any person violating any provision of this chapter
shall, upon conviction thereof, be subject to a fine not exceeding
$1,000 or imprisonment for a term not exceeding 90 days, or both fine
and imprisonment, in the discretion of the Magistrate before whom
the matter shall be heard.[1]
C.
Each day that a violation shall exist or continue
shall constitute a separate offense, and conviction shall not excuse
the violation nor permit it to continue.
