[HISTORY: Adopted by the Board of Commissioners (now City Council)
of the City of Brigantine as indicated in article histories. Amendments noted
where applicable.]
[Adopted 1-21-1987 by Ord.
No. 31-1986]
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."
Any work or action necessary to deliver essential services, including
but not limited to repairing water, gas, electricity, telephone and sewer
facilities and public transportation, removing fallen trees on public rights-of-way
or abating life-threatening conditions.
The values 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. 92-547), 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 throughout the state or in any portions thereof,
but excludes all aspects of the employer-employee relationship concerning
health and safety hazards within the confines of a place of employment.
An officially designated employee of the municipality, or a group
of municipalities, or of the county, trained in the measurement of sound and
empowered to issue a summons for violations of this article.
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 leased, 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 vertical extension, that separates
one parcel of real property from another.
Any motor vehicle used off public roads for recreational purposes.
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
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.
The noise control program established by this article
shall be administered by the Police Department.
B.
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.
The noise control officer must be qualified according
to N.J.A.C. 7:29B-1.11.
D.
Noise measurements made by the noise control officer
must be taken according to procedures specified by N.J.A.C. 7:29B.
A.
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 I
| |||
|---|---|---|---|
|
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 of the Code of Federal Regulations, Chapter II, Part 325,
as amended and supplemented)
| |||
|
Sound Level at 50 Feet (15 Meters)
From Center Line of Vehicle Travel
| |||
|
Vehicle Class
|
Speed Limit 35 mph or Less
(dBA)
|
Speed Limit Over 35 mph
(dBA)
|
Stationary Run-Up
(dBA)
|
|
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 on Fast Setting at 15 Feet
From the Edge of the Lane of Vehicle
| |
|---|---|
|
Vehicle Class
|
Travel Speed Limit 35 mph or Less
(dBA)
|
|
Any motor vehicle or motorcycle with a GVWR less than 10,000 pounds
[Amended 12-28-1992 by Ord.
No. 28-1992] |
80
|
B.
Recreational motorized vehicles operating off public
rights-of-way. 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.
|
Table II
| |
|---|---|
|
Maximum Permissible Sound Level for
Recreational Motorized Vehicles Operated Off Public
Rights-of-Way
| |
|
Vehicle Type
|
Sound Level
(dBA)
|
|
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.
No person shall cause, suffer, allow or permit the operation
of any motor vehicle or motorcycle not equipped with the original muffler
and other components or equivalent replacement in good working order and in
constant operation, regardless of sound level produced.
B.
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 or other exhaust component on a motor vehicle
or motorcycle.
The following acts and the causing thereof are declared to be in violation
of this article:
A.
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.
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).
No person shall cause, suffer, allow or permit the operating or playing
of any radio, tape player or similar device that reproduces or amplifies sound
in such a manner as to create noise at 50 feet (15 meters) from such device,
when operating in or on a motor vehicle on a public right-of-way or public
space.
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 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. the following day.
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.
Violation of any provision of this article shall be cause for a summons
to be issued by the noise control officer.
If a summons is given for violation of § 216-4 of this article, the summons may be revoked by the Police Department if the offending vehicle's exhaust system is repaired within five days. The vehicle must be brought to the police station for an inspection of the exhaust system.
[Amended 12-28-1992 by Ord.
No. 28-1992]
A.
Any person who violates any provision of this article
shall be subject to a penalty for each offense of a fine of not more than
$1,000 or imprisonment for not more than 90 days, or more.
B.
Any person who willfully or knowingly violates any provision
of this article shall be subject to a penalty for each offense of a sum not
less than $25 nor more than $1,000 or imprisonment for not more than 90 days,
or both.
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 1-21-1987 by Ord.
No. 33-1986]
As used in this article, the following terms shall have the meanings
indicated:
A group of commercial facilities and the abutting public rights-of-way
and public spaces.
Any premises, property or facility involving traffic in goods
or furnishing of services for sale or profit, 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 work or action necessary to deliver essential services, including
but not limited to repairing water, gas, electricity, telephone or sewer facilities
or public transportation facilities, removing fallen trees on public rights-of-way
or abating life-threatening conditions.
Any activity and its related premises, property, facilities or equipment,
involving the fabrication, manufacture or production of durable or nondurable
goods.
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 building wherein there are two or more dwelling units.
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 throughout the state or in any portions thereof,
but excludes all aspects of the employer-employee relationship concerning
health and safety hazards within the confines of a place of employment.
The noise control officer designated as the official liaison with
all municipal departments, empowered to grant permits for variances.
An officially designated employee of the municipality, or a group
of municipalities, or of the county, trained in the measurement of sound and
empowered to issue a summons for violations of this article.
Any sound that endangers the safety or health of any person, 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 leased, owned or controlled by a governmental entity.
Any real property or structures thereon that are owned or controlled
by a governmental entity.
A group of residential properties and the abutting public rights-of-way
and public spaces.
Property used for human habitation, including but not limited to:
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, that is not a legal holiday.
[1]
Editor's Note: Former § 216-14, Administration and enforcement;
noise control officer, was repealed 10-20-2004 by Ord. No. 31-2004.
[1]
Editor's Note: Former § 216-15, Cooperation of and compliance
by other departments, was repealed 10-20-2004 by Ord. No. 31-2004.
[Amended 10-20-2004 by Ord. No. 31-2004]
The following are exemptions to the Noise Ordinance of the City of Brigantine.
A.
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 5:00 p.m. on weekends and legal holidays.
B.
Sounds from church bells and church chimes when a part
of a religious observance or service.
C.
Noise from construction activity, provided that all motorized
equipment used in such activity is equipped with functioning mufflers.
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 conform
to the provisions of N.J.A.C. 7:29.
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 after it has been activated.
A.
No person shall cause, suffer, 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)
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 unless provoked.
(2)
Construction and demolition. Operating or permitting
the operation of any tools or equipment used in construction, drilling, earthmoving,
excavating or demolition work between the hours of 6:00 p.m. and 7:00 a.m.
the following day on weekdays or 6:00 p.m. through 8:00 a.m. on weekends or
legal holidays, provided that such equipment is equipped with a functioning
muffler except for:
[Amended 10-20-2004 by Ord. No. 31-2004]
(3)
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 the compacting of refuse by persons engaged in the business of scavenging
or garbage collection, whether private or municipal, between the hours of
6:00 p.m. and 7:00 a.m. the following day when the latter is a weekday and
between the hours of 6:00 p.m. and 8:00 a.m. the following day when the latter
is a legal holiday or a weekend day, except by permit, when the sound therefrom
creates a noise disturbance across a residential real property line.
(4)
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. the following day, such that the sound therefrom
creates a noise disturbance across a residential real property line.
(5)
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.
(6)
Standing motor vehicles: operating or permitting the
operation of any motor vehicle whose manufacturer's gross weight is in excess
of 10,000 pounds, or any auxiliary equipment attached to such a vehicle, for
a period of longer than five 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. of the following day.
A.
Application requirements.
(1)
Any person who owns or operates any stationary noise
source may apply to the Noise Control Administrator for a variance from one
or more of the provisions of this article. Applications for a permit of variance
shall supply information, including but not limited to:
(a)
The nature and location of the noise source for which
such application is made.
(b)
The reason for which the permit of variance is requested,
including the hardship that will result to the applicant, his/her client or
the public if the permit of variance is not granted.
(c)
The nature and intensity of noise that will occur during
the period of the variance.
(d)
The section or sections of this article for which the
permit of variance shall apply.
(e)
A description of interim noise control measures to be
taken by the applicant to minimize noise and the impacts occurring therefrom.
(f)
A specific schedule of the noise control measures which
shall be taken to bring the source into compliance with this article within
a reasonable time.
(2)
Failure to supply the information required by the Noise
Control Administrator shall be cause for rejection of the application.
(3)
A copy of the permit of variance must be kept on file
by the Municipal Clerk for public inspection.
C.
The Noise Control Administrator may, at his/her discretion,
limit the duration of the permit of variance, which shall be no longer than
one year. Any person holding a permit of variance and requesting an extension
of time shall apply for a new permit of variance under the provisions of this
section.
D.
No variance shall be approved unless the applicant presents
adequate proof that:
E.
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 the best practical
noise control measures.
F.
The permit of variance may be revoked by the Noise Control
Administrator if the terms of the permit of variance are violated.
G.
A variance may be revoked by the Noise Control Administrator
if there is:
Violation of any provision of this article shall be cause for a summons
to be issued by the noise control officer.
A.
Except as provided in Subsection B, in lieu of issuing a summons as provided in § 216-20, 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 Administrator may prescribe.
A.
Any person who violates any provision of this article shall be subject to a penalty for each offense of a fine of not more than $1,000 or imprisonment for not more than 90 days, or both, except as provided in Subsection B.
[Amended 12-28-1992 by Ord.
No. 28-1992]
B.
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 $25 and not more than $1,000 or imprisonment for not more than
90 days, or both.
[Amended 12-28-1992 by Ord.
No. 28-1992]
C.
If the violation is of a continuing nature, each day
during which it occurs 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.
