[HISTORY: Adopted by the Township Committee
of the Township of Manalapan as indicated in article histories. Amendments
noted where applicable.]
[Adopted 3-11-1998 by Ord. No. 98-08]
The following words and terms, when used in
this article, shall have the following meanings, unless the context
clearly indicates otherwise. Terms not defined in this article have
the same meaning as those defined in N.J.A.C. 7:29.
Any site preparation, assembly, erection, repair, alteration
or similar action, including demolition of buildings or structures.
Any dismantling, destruction or removal of buildings, structures
or roadways.
The New Jersey Department of Environmental Protection.
Any work or action necessary to deliver essential public
services including, but not limited to, repairing water, gas, electricity,
telephone, sewer facilities, or public transportation facilities,
removing fallen trees on public rights-of-way, dredging navigational
waterways, or abating life-threatening conditions.
Either a single pressure peak or a single burst (multiple
pressure peaks) that has a duration of less than one second.
Any vehicle that is propelled other than by human or animal
power on land.
A properly functioning sound-dissipative device or system
for abating the sound of escaping gasses on equipment where such a
device is part of the normal configuration of the equipment.
Any building comprising two or more dwelling units, including
but not limited to apartments, condominiums, co-ops, multiple-family
houses, townhouses and attached residences.
Any distinct parcel of land that is used for more than one
category of activity. Examples include, but are not limited to:
A commercial, residential, industrial or public
service property having boilers, incinerators, elevators, automatic
garage doors, air conditioners, laundry rooms, utility provisions,
or health and recreational facilities, or other similar devices or
areas, either in the interior or on the exterior of the building,
which may be a source of elevated sound levels at another category
on the same distinct parcel of land; or
A building which is both commercial (usually
on the ground floor) and residential property located above, behind,
below or adjacent.
The Township Health Officer, or his representative, who has
lead responsibility for the enforcement and administration of this
article.
Any sound that can be detected by a person using his or her
unaided hearing faculties. As an example, if the sound source under
investigation is a portable or personal vehicular sound amplification
or reproduction device, the detection of the rhythmic bass component
of the music is sufficient to verify plainly audible sound. The Noise
Control Officer need not determine the title, specific words or the
artist performing the song.
Any street, avenue, boulevard, road, highway, sidewalk, alley
or easement that is owned, leased or controlled by a nongovernmental
entity.
Any street, avenue, boulevard, road, highway, sidewalk, alley
or easement that is owned, leased or controlled by a governmental
entity.
Any real property or structures thereon that are owned, leased
or controlled by a governmental entity.
Either the imaginary line including its vertical extension
that separates one parcel of real property from another; the vertical
and horizontal boundaries of a dwelling unit that is part of a multidwelling
unit building; or (c) on a multi-use property, the interface between
the two portions of the property on which different categories of
activity are being performed (e.g., if the multi-use property is a
building which is residential upstairs and commercial downstairs,
then the real property line would be the interface between the residential
area and the commercial area).
Any day that is not a federal holiday, and beginning on Monday
at 7:00 a.m. and ending on the following Friday at 6:00 p.m.
Beginning on Friday at 6:00 p.m. and ending on the following
Monday at 7:00 a.m.
A.
This article applies to sound from the following property
categories:
C.
Sound from stationary emergency signaling devices
shall be regulated in accordance with N.J.A.C. 7:29-1.3, except that
the testing of the electromechanical functioning of a stationary emergency
signaling device shall not meet or exceed 10 seconds.
A.
The provisions of this article shall be enforced by
Noise Control Officers. A person shall be qualified to be a Noise
Control Officer if the person meets the criteria set forth in the
definition above and completes, at a frequency specified by the Department
in N.J.A.C. 7:29-2.11, a noise certification and recertification course
which is offered by the Department of Environmental Sciences of Cook
College, Rutgers, the State University of New Jersey, or any other
noise certification or recertification course which is offered by
an accredited university and approved by the Department.
B.
Sound measurements made by a Noise Control Officer shall conform to the procedures set forth at N.J.A.C. 7:29-2, except that interior sound level measurements shall also conform with the procedures set forth in § 155-4B and C of this regulation and with the definition of "real property line" as contained herein.
C.
Noise Control Officers shall have the power to:
(1)
Coordinate the noise control activities of all departments
in the Township of Manalapan and cooperate with all other public bodies
and agencies to the extent practicable;
(2)
Review the actions of the Township of Manalapan and
advise of the effect, if any, of such actions on noise control;
(3)
Review public and private projects, subject to mandatory
review or approval by other departments or boards, for compliance
with this article;
(4)
Investigate and pursue possible violations of this article for sound levels which equal or exceed the sound levels set forth in Tables I and II, when measured at a receiving property located within the designated jurisdiction of the Noise Control Officer, in accordance with § 155-4 below; and
(5)
Cooperate with Noise Control Officers of adjacent
municipalities in enforcing one another's municipal noise ordinances.
A.
No person shall cause, suffer, allow or permit the operation of any source of sound on any source property listed in § 155-2A above in such a manner as to create a sound level that equals or exceeds the sound level limits set forth in Tables I and II when measured at or within the real property line of any of the receiving properties listed in Tables I and II, except as specified in Subsection B below.
B.
When measuring total sound or residual sound within
a multi-use property, or within a residential unit when the property
line between it and the source property is a common wall, all exterior
doors and windows shall be closed and the measurements shall be taken
in the center of the room most affected by the noise. Residual sound
shall be measured in accordance with N.J.A.C. 7:29-2.9(b)2. When measuring
total sound or residual sound, all sound sources within the dwelling
unit must be shut off (e.g., television, stereo). Measurements shall
not be taken in areas which receive only casual use such as hallways,
closets and bathrooms.
C.
Indoor measurements shall only be taken if the sound
source is on or within the same property as the receiving property,
as in the case of a multi-use property (e.g., sound generated within
a commercial unit of a multiuse property building and received within
a residential unit of the same building) or multi-dwelling unit building.
In addition, indoor measurements shall be taken if the property line
between the receiving property and the source property is a common
wall, such as in a multi-dwelling unit building. The allowable sound
level standards for indoors as shown in Tables I and II.
D.
Impulsive sound. Between 7:00 a.m. and 10:00 p.m.,
impulsive sound shall not equal or exceed 80 decibels. Between 10:00
p.m. and 7:00 a.m., impulsive sound which occurs less than four times
in any hour shall not equal or exceed 80 decibels. Impulsive sound
which repeats four or more times in any hour shall be measured as
impulsive sound and shall meet the requirements as shown in Table
I.
A.
No person shall cause, suffer, allow or permit the operation of any source of sound on any source property listed in § 155-2A above in such a manner as to create a sound level that equals or exceeds the sound levels listed below.
(1)
Outdoors.
Receiving Property Category
|
Residential Property, or Residential Portion
of a Multi-Use Property
|
Commercial Facility, Public Service Facility,
Nonresidential Portion of a Multi-Use Property, or Community Service
Facility
| ||
---|---|---|---|---|
Time
|
7:00 a.m. - 10:00 p.m.
|
10:00 p.m. - 7:00 a.m.
|
24 hours
| |
Maximum A- Weighted sound Level Standard,
dB
|
65
|
50
|
65
|
(2)
Indoors.
Receiving Property Category
|
Residential Property, or Residential Portion
of a Multi-Use Property
|
Commercial Facility*, or Nonresidential
Portion of a Multi-Use Property
| ||
---|---|---|---|---|
Time
|
7:00 a.m. - 10:00 p.m.
|
10:00 p.m. - 7:00 a.m.
|
24 hours
| |
Maximum A- Weighted Sound Level Standard,
dB
|
55
|
40
|
55
|
*In those instances when a commercial facility
shares a common wall/ceiling/floor with another commercial facility
that is producing the sound.
|
A.
No person shall cause, suffer, allow, or permit the operation of any source of sound on any source property listed in § 155-2A above in such a manner as to create a sound pressure level that equals or exceeds the sound levels listed below in one or more octave bands.
B.
When octave measurements are made, the sound from
the source must be constant in level and character. If octave band
sound pressure level variations exceed plus or minus two dB in the
bands containing the principal source frequencies, discontinue the
measurement.
[1]
Editor's Note: Table II is included as an attachment to this chapter.
A.
Nonapplicability and exemptions.
B.
Notwithstanding the provisions of Tables I and II,
the following standards shall apply to the activities or sources of
sound set forth below:
(1)
Noncommercial or nonindustrial power tools and landscaping
and yard maintenance equipment shall not be operated between the hours
of 8:00 p.m. and 8:00 a.m., unless such activities can meet the applicable
limits set forth in Tables I and II. All motorized equipment used
in these activities shall be operated with a muffler. At all other
times, the limits set forth in Tables I and II do not apply to noncommercial
or nonindustrial power tools and landscaping and yard maintenance
equipment.
(2)
Commercial or industrial power tools and landscaping
and yard maintenance equipment, excluding emergency work, shall not
be operated on a residential property or within 250 feet of a residential
property line when operated on commercial or industrial property,
between the hours of 6:00 p.m. and 7:00 a.m. on weekdays, or between
the hours of 6:00 p.m. and 9:00 a.m. on weekends or federal holidays,
unless such activities can meet the limits set forth in Tables I and
II. In addition, commercial or industrial power tools and landscaping
and yard maintenance equipment, excluding emergency work, utilized
on commercial or industrial property shall meet the limits set forth
in Tables I and II between the hours of 10:00 p.m. and 7:00 a.m. All
motorized equipment used in these activities shall be operated with
a muffler. At all other times, the limits set forth in Tables I and
II do not apply to commercial or industrial power tools and landscaping
and yard maintenance equipment.
(3)
Construction and demolition activity, excluding emergency
work, shall not be performed between the hours of 8:00 p.m. and 7:00
a.m. on weekdays and Saturdays or at any time on Sundays or holidays,
unless such activities can meet the limits set forth in Tables I and
II. All motorized equipment used in construction and demolition activity
shall be operated with a muffler. At all other times, the limits set
forth in Tables I and II do not apply to construction and demolition
activities.
(4)
Motorized snow blowers, snow throwers, and lawn equipment
with attached snow plows shall be operated at all times with a muffler.
At all times, the limits set forth in Tables I and II do not apply.
(5)
An exterior burglar alarm[1] of a building or motor vehicle must be activated in such
a manner that the burglar alarm terminates its operation within five
minutes for continuous airborne sound and 15 minutes for impulsive
sound after it has been activated. At all times, the limits set forth
at Tables I and II do not apply.
(6)
Personal or commercial vehicular music amplification
or reproduction equipment shall not be operated in such a manner that
it is plainly audible at a residential property line between the hours
of 10:00 p.m. and 8:00 a.m.
(7)
Personal vehicular music amplification equipment shall
not be operated in such a manner as to be plainly audible at a distance
of 50 feet in any direction from the operator between the hours of
8:00 a.m. and 10:00 p.m.
(8)
Self-contained, portable, hand-held music or sound
amplification or reproduction equipment shall not be operated on a
public space or public right-of-way in such a manner as to be plainly
audible at a distance of 50 feet in any direction from the operator
between the hours of 8:00 a.m. and 10:00 p.m. Between the hours of
10:00 p.m. and 8:00 a.m., sound from such equipment shall not be plainly
audible by any person other than the operator.
(10)
Generators that produce electricity on residential properties
shall, at all times, be operated only with a muffler.
[Added 10-10-2013 by Ord. No. 2013-08]
(b)
At all other times, generators that produce electricity shall
not be operated between the hours of 6:00 p.m. and 7:00 a.m. weekdays
or between the hours of 6:00 p.m. and 9:00 a.m. on weekends and holidays
unless such operation is in compliance with the sound level limits
set forth in Tables I and II.
A.
Violation of any provision of this article shall be
cause for an enforcement document to be issued to the violator by
the Noise Control Officer according to procedures set forth in N.J.A.C.
7:29-1.6. The recipient of an enforcement document shall be entitled
to a hearing in Municipal Court having jurisdiction to contest such
action.
B.
Any person who violates any provision of this article
shall be subject to a civil penalty for each offense of not more than
$3,000. If the violation is of a continuing nature, each day during
which it occurs shall constitute an additional, separate and distinct
offense.
C.
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 8-26-1998 by Ord. No. 98-23]
It shall be unlawful for a person to make, continue
or cause to be made or continued any loud or unnecessary or unusual
noise or any noise which does or is likely to disturb, annoy, injure
or endanger the comfort, proposed health, public peace or safety of
others.
Without intending to limit the generality of § 155-9, the following acts are hereby declared to be examples of loud and disturbing and unnecessary noise in violation of this article.
A.
Radios, televisions and other music and noise devices.
The playing, use or operation of any radio, television, 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 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, machine
or device between the hours of 11:00 p.m. and 8:00 a.m., so that it
is clearly audible at a distance of 100 feet or more from the building
or structure or vehicle in which it is located shall be a prima facie
evidence of violation of this section.
B.
Yelling, shouting, etc. Yelling, shouting, hooting
or whistling or singing on the public streets, particularly between
the hours of 11:00 p.m. and 8:00 a.m. or at any time or place, which
annoys, disturbs the quiet comfort or peace of persons in any office,
dwelling, hotel, motel, school or other type of residence or school
or any person in the vicinity.
C.
Animals and birds. Keeping of animals and birds which
by causing frequent and long continuing noise disturbs the comfort
or repose of any person in the vicinity; but nothing herein contained
is intended to apply to a dog pound or kennel licensed pursuant to
law.
D.
Horns. The sounding of a horn or warning device on
an automobile, motorcycle, bus or other vehicle, except when required
by law or necessary to give timely warning of an approaching vehicle
or as a warning of an impending danger to the person driving other
vehicles or to persons on the street. No person shall sound a horn
or warning device on an automobile, motorcycle, bus or other vehicle
which emits an unusually loud or harsh sound for an unnecessary or
unreasonable period of time.
E.
Exhaust. Discharge into the open air of exhaust of
a steam engine, stationary internal combustion engine or motor vehicle
except through a muffler or other device which will effectively prevent
loud or explosive noises.
F.
Defect of vehicle on road. The use of an automobile,
motorcycle or vehicle so out of repair so that it creates loud and
unnecessary grating, clanging or rattling or other noise.
G.
Schools, courts, churches, hospitals. The creation
of excessive noise on the street adjacent to a school, institution
of learning, church or court while in use or adjacent to a hospital
which reasonably interferes with the working of the institution which
disturbs unduly and annoys patients in the hospital, provided that
conspicuous signs are displayed in such street indicating that it
is a school or hospital or court street. The above enumerations are
intended to give typical illustrations of prohibited disturbances
and shall not be construed as exclusive.
Nothing herein contained shall be construed
to apply to:
A.
Use of bells, chimes or sound amplifiers by churches
engaged in church activity.
B.
Activities of municipal departments and performance
of their duties, drills or public demonstrations.
C.
Activities in public parks, playgrounds or public
buildings under permission or authority of the municipal officials.
D.
Playing by a band or orchestra in a hall or building
or open area where duly authorized.