[HISTORY: Adopted by the Township Council
of the Township of Manchester as indicated in article histories. Amendments
noted where applicable.]
[Adopted by Ord. No. 86-316 (Ch. XVI of the 1996 Revised General
Ordinances)]
This article may be cited as the "Noise Control
Ordinance of the Township of Manchester." The provisions of N.J.A.C.
7:29-1 et seq. and N.J.A.C. 7:29B-1 et seq. and the provisions of
NJDEP Model Noise Ordinance for Stationary Sources not inconsistent
herewith or otherwise more specifically defined are hereby adopted
by reference.
A.
Manchester Township is a predominantly residential
community.
B.
The residents of the Township have a right to and
should be ensured an environment free from excessive sound and vibration
or other unnecessary noise that may jeopardize or be detrimental to
their health or welfare or safety or which may degrade the quality
of life in, as well as the environmental integrity of, Manchester
Township.
C.
A substantial body of science has determined that
excessive sound and vibration, as well as other unnecessary community
noise, has an adverse effect on, and is a serious threat and hazard
to, the public health, safety and welfare, the quality of life, and
the integrity of the environment.
D.
The Township has determined that portions of the citizenry
of Manchester Township are particularly susceptible to the adverse
effects of excessive noise and vibrations, as well as other types
of community noise.
E.
It has been determined that different types of noise
and vibrations have differing effects upon involuntary listeners depending
upon multiple factors, including, but not limited to, volume, tone,
impulse, frequency and duration.
F.
A substantial body of science and technology exists
by which excessive sound and vibration, as well as other unnecessary
community noise, may be substantially abated.
G.
Such methods and means of abatement differ depending
upon the particular type of noise or vibration involved.
H.
The Township has determined that a stringent noise
control ordinance must be enacted for the protection of the health,
welfare and safety of the residents of Manchester.
I.
It is hereby declared to be the policy of the Township
of Manchester to prevent excessive sound and vibration, or other unnecessary
community noise, which may jeopardize the health and welfare or safety
of its citizens or degrade the quality of life in the Township.
J.
This article shall apply to the control of all sound
and vibration, or other unnecessary community noise, originating within
the limits of the Township, except as may be hereinafter expressly
provided, it being the purpose of this article to preserve an improve
the quality of sound, peace and quietness within the Township.
[Amended by Ord. No. 92-151]
As used in this article, the following terms
shall have the meanings indicated:
The sound level in decibels as measured on a sound level
meter using the A-weighing network, which discriminates against the
lower frequencies according to a relationship approximating the auditory
sensitivity of the human ear. The level so read is designated "dBA."
All zoning districts designated as B-1, PB-1, HD-3, HD-3A
and HD-10 Zones, comprising a group of commercial facilities and the
abutting public rights-of-way and public spaces.[1]
Any premises, property, or facility involving traffic in
goods or furnishing of services for sale or profit, including but
not limited to:
Banking and other financial institutions;
Dining establishments;
Establishments for providing retail services;
Establishments for providing wholesale services;
Establishments for recreation and entertainment;
Office buildings;
Transportation;
Warehouses;
Government and public utility buildings.
Any site preparation, assembly, erection, substantial repair,
alteration, or similar action, including demolition, for or of public
or private rights-of-way, structures, utilities or similar property.
A sound measurable with a sound level meter set on slow response
which does not shift amplitude significantly during the measurement
period.
The hours of 7:00 a.m. to 10:00 p.m. weekdays and the hours
of 9:00 a.m. to 10:00 p.m. Saturdays and Sundays.
A unit for measuring the sound pressure level, equal to 20
times the logarithm (to the base 10 of the ratio of the sound pressure
of the measured sound to the referenced sound pressure, which is 20
micropascals (20 micronewtons per square meter).
Any dismantling, intentional destruction or removal of structures,
utilities, public or private right-of-way surfaces, or similar property,
but excluding emergency work on public or private utilities.
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage which demands immediate
action.
Any work performed for the purpose of preventing or alleviating
the physical trauma or property damage threatened or caused by an
emergency. Any work or action necessary to deliver essential service
including, but not limited to, repairing water, gas, electricity,
telephone, sewer facilities, or public transportation facilities,
removing fallen trees on public rights-of-way, or abating life-threatening
conditions.
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, 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.
A form of continuous sound of short duration events, less
than one second, with an abrupt onset and rapid decay. Examples of
sources of impulsive sound include, but are not limited to, explosions,
drop forge impacts, and the discharge of firearms.
Any activity and its related premises, property, facilities,
or equipment involving the fabrication, manufacture, or production
of durable or nondurable goods or food products, warehouse, storage
and sales establishments, contractors' or heavy equipment storage
yards, loading and unloading transportation facilities.
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.
Any vehicle propelled otherwise than by muscular power including,
but not limited to, passenger cars, trucks, truck-trailers, semitrailers,
amphibious go-carts, snowmobiles, amphibious craft on land, dune buggies,
or racing vehicles, but not including motorcycles or mopeds.
An unenclosed motor vehicle having a saddle or platform for
the use of the operator with two or three wheels in contact with the
ground, including but not limited to motor scooters, minibikes, and
mopeds.
A device for abating the noise of the exhaust gases of an
internal combustion engine or compressor.
The hours between 10:00 p.m. and 7:00 a.m. of the following
day on weekdays and 10:00 p.m. and 9:00 a.m. of the following day,
when the following day is a Saturday or Sunday.
Any sound in excess of limits provided in § 275-7 which may annoy or disturb humans or which may cause or tend to cause an adverse psychological or physiological effect on humans and which may adversely affect the public, health and welfare, or which would unreasonably interfere with the enjoyment of life or property.[3]
Any noise which endangers or injures the safety or health
of humans or animals; or annoys or disturbs a reasonable person of
normal sensitivities; or endangers or injures personal or real property.
Any area of potential noise disturbance; for example, hospitals,
schools, houses of worship, recreational areas and residences.
Any individual, association, partnership, or corporation,
and includes any office, employee, department, agency or instrumentality
of a state or any political subdivision of a state.
Any self-propelled airborne, waterborne, or landborne plane,
vessel, or vehicle, which is not designed to carry persons, including,
but not limited to, any model airplane, boat, car, or rocket.
Any street, avenue, boulevard, highway, sidewalk or alley
or similar place which is owned or controlled by a governmental entity.
Any real property or structures thereon which are owned or
controlled by a governmental entity.
Any sound which can be distinctly heard as a single pitch
or a set of single pitches such as a whine, whistle, or screech, etc.
An area where stone, sand and gravel are extracted from the
premises, pursuant to a license or permit issued by the Township of
Manchester.
An imaginary line along the ground surface, and its vertical
extension, which separates the real property owned by one person from
that owned by another person, but not including intra-building real
property divisions.
All residential zoning districts and any other zones used for residential purposes in accordance with Chapter 245, Land Use and Development, which areas shall be used for single-family homes, churches, public parks and governmental buildings.
Property used for human habitation, including but not limited
to:
An oscillation in pressure, particle displacement, particle
velocity or other physical parameter, in a medium with internal forces
that causes compression and rarefaction of that medium. The description
of sound may include characteristic of such sound, including duration,
intensity and frequency.
The weighted sound pressure level obtained by the use of
a sound level meter and frequency weighting network such as A, B,
or C, as specified in American National Standards Institute specifications
for sound level meters (ANSI S1.1971, or the latest approved revision
thereof). If the frequency weighting employed is not indicated, the
A-weighting shall apply.
An instrument which includes a microphone, amplifier, RMS
detector, integrator or time averager, output meter, and weighting
networks used to measure sound pressure levels. The sound level meter
shall be used in accordance with the standards and acceptable test
methods and procedures set forth in N.J.A.C. 7:29B-1 et seq.
The instantaneous difference between the actual pressure
and the static or barometric pressure at a given point in space, as
produced by sound energy.
Twenty times the logarithm to the base 10 of the ratio of
the sound pressure to the referenced pressure of 20 micropascals (20
x 10 n/m). The sound pressure level is denoted "Lp" or "SPL" and is
expressed in decibels. The level of sound pressure shall be measured
with a sound level meter which has a uniform ("flat") response over
the band of frequencies measured and which sound pressure shall be
measured in accordance with N.J.A.C. 7:29B-1.1 et seq.
An oscillatory motion of solid bodies of deterministic or
random nature described by displacement, velocity, or acceleration
with respect to a given reference point.
Any day Monday through Friday which is not a legal holiday.[4]
All departments, particularly the Police Department
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. Department heads charged with new projects
or changes to existing projects that result, or may result, in the
production of sound or vibration, shall review the sound levels prior
to approval of such projects or changes.
No person shall unreasonably make, continue,
or cause to be made or continued, 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. The following acts, and the causing thereof, are declared
to be in violation of this article:
A.
Radios, television sets, musical instruments and similar
devices. Operating, playing or permitting the operation or playing
of any radio, television, phonograph, drum, musical instrument, sound
amplifier, or similar device which produces, reproduces, or amplifies
sound:
(1)
Between the hours of 10:00 p.m. and 7:00 a.m. of the
following day on weekdays and 10:00 p.m. and 9:00 a.m. of the following
day, when the following day is a Saturday or Sunday, in such manner
as to create a noise disturbances across a real property boundary
or within a noise sensitive zone.
(2)
In such a manner as to create a noise disturbance
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, or in a boat
on public waters.
(3)
In such a manner as to create a noise disturbance
to any person other than the operator of the device, when operated
by any passenger on a common carrier.
B.
Loudspeakers/public address systems.
(1)
Using or operating for any noncommercial purpose any
loudspeaker, public address system, or similar device between the
hours of 10:00 p.m. and 7:00 a.m. of the following day on weekdays
and 10:00 p.m. and 9:00 a.m. of the following day, when the following
day is a Saturday or Sunday, such that the sound therefrom creates
a noise disturbance across a residential real property boundary or
within a noise sensitivity zone.
(2)
Using or operating for any commercial purpose any
loudspeaker, public address system, or similar device such that the
sound therefrom creates a noise disturbance across a real property
boundary or within a noise sensitive zone; or between the hours of
10:00 p.m. and 7:00 a.m. the following day on weekdays and 10:00 p.m.
and 9:00 a.m. of the following day, when the following day is a Saturday
or Sunday on a public right-of-way or public space.
C.
Street sales. Offering for sale or selling anything
by shouting or outcry within any residential or commercial area of
the Township except between the hours of 7:00 a.m. and 10:00 p.m.
weekdays and 9:00 a.m. and 10:00 p.m. on Saturdays and Sundays.
D.
Animals and birds. Owning, possessing or harboring
any animal or bird which frequently or for continued duration howls,
barks, meows, squawks, or makes other sounds which create a noise
disturbance across a residential real property boundary or within
a noise-sensitive zone.
E.
Loading and unloading. Loading, unloading, opening,
closing, or other handling of boxes, crates, containers, building
materials, garbage cans, or similar objects between the hours of 10:00
p.m. and 7:00 a.m. the following day on weekdays and 10:00 p.m. and
9:00 a.m. of the following day, when the following day is a Saturday
or Sunday, in such a manner as to cause a noise disturbance across
a residential real property boundary or within a noise-sensitive zone.
F.
Vehicle or motorboat repairs and testing. Repairing,
rebuilding, modifying, or testing any motor vehicle, motorcycle, or
motorboat in such a manner as to cause a noise disturbance across
a residential real property boundary or within a noise-sensitive zone.
G.
Airport and aircraft operations.
(1)
The Noise Control Officer shall consult with the airport
proprietor to recommend changes in airport operations to minimize
any noise disturbance which the airport owner may have authority to
control in his/her capacity as a proprietor.
(2)
Nothing in this section shall be construed to prohibit,
restrict, penalize, enjoin, or in any manner regulate the movement
of aircraft which are in all respects conducted in accordance with,
or pursuant to, applicable federal laws or regulations.
H.
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 which
produces, reproduces, or amplifies sound in any place of public entertainment
at a sound level greater than 100 dB as read by the slow response
on a sound level meter at any point that is normally occupied by a
customer, unless a conspicuous and legible sign is located outside
such place, near each public entrance, stating "WARNING: SOUND LEVELS
WITHIN MAY CAUSE PERMANENT HEARING IMPAIRMENT."
I.
Firearms. The use or firing of firearms, or similar
devices that create impulsive sound greater than 90 dB which, as measured
with an impulse sound meter, also cause a noise disturbance across
a real property boundary or on a public space or right-of-way, except
for licensed game-hunting activities on property where such activities
are authorized.
J.
Powered model vehicles. Operating or permitting the
operation of powered model vehicles, i.e., model airplanes, so as
to create a noise disturbance across a residential real property boundary,
in a public space or within a noise-sensitive zone between the hours
of 10:00 p.m. and 7:00 a.m. the following day on weekdays and 10:00
p.m. and 9:00 a.m. of the following day, when the following day is
a Saturday or Sunday. Maximum sound levels emitted by the model vehicle
shall not exceed 80 dB when measured three feet (1 meter) from the
stationary model with the unit operating at a minimum power or engine
speed. A Type 2 sound level meter set on A-weighting, slow response,
shall be used. The model vehicle and the microphone shall be held
five feet (1.5 meters) above the ground.
K.
Vibration. Operating or permitting the operation of any device that creates ground vibration which is above the vibration perception threshold of any individual at or beyond the private property boundary or at 50 feet from the source if on a public space or public right-of-way. For the purposes of this section, "vibration perception threshold" means the minimum ground- or structure-borne vibrational motion necessary to cause a reasonable person to be aware of the vibration by such direct means as, but not limited to, sensation by touch or visual observation of moving objects. Structural vibration which creates airborne sound shall be regulated by § 275-7.
L.
Stationary nonemergency signaling devices. Control
of noise from stationary nonemergency signaling devices shall be in
accordance with the provisions of N.J.A.C. 7:29-1.1 through 1.5 and
all amendments and supplements thereto, which provisions are incorporated
herein by reference.
M.
Emergency signaling devices. Control of noise from
emergency signaling devices shall be in accordance with the provisions
of N.J.A.C. 7:29-1 through 1.5 and all amendments and supplements
thereto, which provisions are incorporated herein by reference.
N.
Construction
or repair. Operation of any tools or equipment which shall make any
loud or disturbing noise between the hours of 8:00 p.m. and 7:00 a.m.
the following day on weekdays, or between the hours of 8:00 p.m. and
9:00 a.m. of the following day when the following day is a Saturday
or Sunday or a legal holiday, in conducting any excavation, demolition,
erection, alteration, repair or other building operation, except in
the case of urgent necessity in the interest of public safety and
then only upon obtaining the consent of the proper authority of the
Township.
[Added 7-27-2020 by Ord. No. 20-024]
The Noise Control Officer shall establish regulations
governing exceptions and appeals which shall conform to N.J.A.C. 7:29-1
et seq., and this article; such regulations shall be subject to approval
of the Township Council prior to promulgation thereof.
A.
Exceptions. The provisions of this article shall not
apply to:
(1)
The emission of sound for the purpose of alerting
persons to the existence of an emergency;
(2)
The emission of sound in the performance of emergency
work;
(3)
The emission of sound in situations within the jurisdiction
of the Federal Occupational Safety and Health Act;
(4)
The noise from municipality sponsored or approved
celebrations or events;
(5)
Noise from 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, provided they produce less than 85 dB
at or within any real property line of a residential property;
(6)
Sound from church bells and church chimes when a part
of a religious observance or service;
(7)
Noise from snowblowers, snow throwers, and snowplows
when operated with a muffler for the purpose of snow removal;
(8)
Noise from stationary emergency signaling devices
that conform with the provisions of N.J.A.C. 7:29;
(9)
Noise from the exterior burglar alarm of any building
or motor vehicles, provided such burglar alarms shall terminate its
operation within 15 minutes after it has been activated.
No person shall operate or cause to be operated
on private property (i.e., industrial facility, commercial facility,
quarry, construction site, residential property, etc.) any source
of sound in such a manner as to create a sound, which when measured
in a manner as described in N.J.A.C. 7:29B, Subchapter 1, on the boundary
line of the receiving land use, is in excess of any of the following:
A.
Daytime standards for continuous sound from 7:00 a.m.
to 10:00 p.m. weekdays and 9:00 a.m. and 10:00 p.m. Saturdays and
Sundays;
B.
Continuous airborne sound which has an A-weighted
sound level in excess of 65 dBA; or
C.
Continuous airborne sound which has an octave band
sound pressure level in decibels which exceed the values listed below
in one or more octave bands:
|
Octave Band Center Frequency
(Hz)
|
Octave Band Sound Pressure Level
(dB)
| |
|---|---|---|
|
33.1
|
96
| |
|
63
|
82
| |
|
125
|
74
| |
|
250
|
67
| |
|
500
|
68
| |
|
1,000
|
60
| |
|
2,000
|
57
| |
|
4,000
|
55
| |
|
8,000
|
53
|
|
or
|
D.
Impulsive airborne sound which has an impulsive level
in excess of 80 decibels.
[Amended by Ord. No. 92-151]
From 10:00 p.m. to 7:00 a.m. of the following
day on weekdays and 10:00 p.m. and 9:00 a.m. of the following day,
when the following day is a Saturday or Sunday:
A.
Continuous airborne sound which has an A-weighted
sound level in excess of 50 dBA; or
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:
|
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
|
|
or
|
C.
Impulsive airborne sound which has an impulsive sound
level in excess of 30 decibels.
A.
Penalties.
(1)
Any person who violates any provision of § 275-5 of this article shall be fined for each offense not more than $100 for the first offense.
(2)
Any person who continues to violate any provision of § 275-5 of this article on more than one occasion shall be fined a sum of not less than $25 and not more than $250 for each offense.
(3)
Any person who violates any provision of § 275-7 of this article shall be fined for each offense not more than $500.
(4)
Any person who continues to violate any provision of § 275-7 of this article shall be fined a sum of not less than $250 and not more than $500 for each offense.
(5)
Each day on which a violation of any provision of
this article occurs or is repeated shall constitute a separate offense.
B.
The Municipal Court of the Township of Manchester
shall have jurisdiction to enforce the provisions of this article.
C.
Abatement orders.
(1)
Except as provided in Subsection C(2), in lieu of issuing a notice of violation as provided for in Subsection D, the official responsible for enforcement of any provisions of this article may issue an order requiring abatement of any source of sound or vibration alleged to be in violation of this article within a reasonable time period.
D.
Notice of violation. Except where a person is acting in good faith to comply with an abatement order issued pursuant to Subsection C, a violation of any provision of this article shall be cause for a summons to be issued by the responsible enforcement officials.
E.
Other remedies. 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.
[Adopted 4-23-2007 by Ord. No. 07-014]
It shall be unlawful for a person to make, continue
or cause to be made or continued any loud, unnecessary, offensive
or unusual noise or any noise which does or is likely to annoy, disturb,
injure or endanger the comfort, repose, health, peace or safety of
others.
Without intending to limit the generality of § 275-10, the following acts are hereby declared to be examples of loud, disturbing, offensive and unnecessary noise in violation of this article:
A.
Radios; televisions; phonographs; computers; compact
discs; use of recreational gas- or diesel-powered vehicles. The playing,
use or operation of any radio receiving set, television, musical instrument,
phonograph, computer, compact disc, or other machine or device for
the producing or reproducing of sound in such manner as to disturb
the peace, quiet and comfort of neighboring inhabitants or with louder
volume than is necessary for convenient hearing for persons who are
in the room, vehicle or chamber in which the machine or device is
operated and who are voluntary listeners. The operation of such a
set, instrument, phonograph, computer, compact disc, machine or device
so that it is clearly audible or operation of a recreational gas-
or diesel-powered vehicle 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 article.
Any person who violates any provision of this
article shall be fined for each offense not more than $1,000 or nor
more than 30 days incarceration. Each violation shall be considered
a separate offense.
The provisions of this article shall be under
the jurisdiction of the Municipal Court of the Township of Manchester.
This article shall be enforced by law enforcement officers, code enforcement
officers and Township inspectors.
