[HISTORY: Adopted by the Township Committee of the Township
of Mansfield 11-12-2008 by Ord. No. 2008-32.[1] Amendments noted where applicable.]
[1]
Editor's Note: This chapter repealed former Ch. 32, Noise,
adopted 12-16-1986 by Ord. No. 1986-13.
The following words and terms, when used in this chapter, shall
have the following meanings, unless the context clearly indicates
otherwise. Terms not defined in this chapter 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.
An employee of a local, county or regional health agency
which is certified pursuant to the County Environmental Health Act
(N.J.S.A. 26:3A2-21 et seq.) to perform noise enforcement activities;
or a municipality with a Department-approved noise control ordinance
and the employee has received noise enforcement training and is currently
certified in noise enforcement. The employee must be acting within
his or her designated jurisdiction and must be authorized to issue
a summons in order to be considered a Noise Control Officer.
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
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.Â
This model noise ordinance applies to sound from the following property
categories:
C.Â
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.Â
Whereas excessive sound is a serious hazard to the public health,
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 of, an environment free from excessive sound;
B.Â
Now therefore it is the policy of Mansfield Township to prevent excessive
sound that may jeopardize the health, welfare, or safety of the citizens
or degrade the quality of life.
C.Â
This chapter shall apply to the control of sound originating from
sources within Mansfield Township.
A.Â
The provisions of this chapter 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
are 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.Â
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 § 32-5B and C of this regulation and with the definition of "real property line," as contained herein.
C.Â
Noise Control Officers shall have the power to:
(1)Â
Coordinate the noise control activities of all departments in Mansfield
Township and cooperate with all other public bodies and agencies to
the extent practicable;
(2)Â
Review the actions of Mansfield Township and advise 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 or boards, for compliance with this
chapter;
(4)Â
Investigate
and pursue possible violations of this chapter for sound levels which
equal or exceed the sound levels set forth in Tables I and II,[1] when measured at a receiving property located within the designated jurisdiction of the Noise Control Officer, in accordance with § 32-7 below; and
[1]
Editor's Note: Said tables are included at the end of
this chapter.
(5)Â
Cooperate with Noise Control Officers of adjacent municipalities
in enforcing one another's municipal noise ordinances.
A.Â
No person shall cause, suffer, allow, or permit the operation of any source of sound on any source property listed in § 32-2A 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[1] 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.
[1]
Editor's Note: Said tables are included at the end of
this chapter.
B.Â
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.Â
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 multi-use property building and received within a residential
unit of the same building) or multidwelling 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 multidwelling unit building. The allowable sound level standards
for indoors are as shown in Tables I and II.[2]
[2]
Editor's Note: Said tables are included at the end of
this chapter.
D.Â
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.[3]
[3]
Editor's Note: Table I is included at the end of this chapter.
A.Â
Violation of any provision of this chapter shall be cause for an
enforcement document to be issued to the violator by the Noise Control
Officer according to procedures set forth at N.J.A.C. 7:29-1.6. The
recipient of an enforcement document shall be entitled to a hearing
in the municipal court having jurisdiction to contest such action.
B.Â
Any person who violates any provision of this chapter 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.Â
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.
A.Â
If any provision or portion of a provision of this chapter is held
to be unconstitutional, preempted by federal or state law, or otherwise
invalid by any court of competent jurisdiction, the remaining provisions
of the chapter shall not be invalidated.
B.Â
All ordinances or parts of ordinances which are inconsistent with
any provisions of this chapter are hereby repealed as to the extent
of such inconsistencies.