[HISTORY: Adopted by the Mayor and Council of the Borough of Riverdale 3-22-1999 by Ord.
No. 2-99.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Business hours of operation — See Ch. 110.
Loitering — See Ch. 115.
Peace and good order — See Ch. 126.
[1]
Editor's Note: This ordinance also provided for the repeal of
former Ch. 119, Noise, consisting of the following: Art. I, General Provisions,
adopted 7-24-1971 by Ord. No. 7-71, as amended 9-21-1992 by Ord. No. 4-92;
and Art. II, Motor Vehicles, adopted 11-2-1987 by Ord. No. 14-87.
The following words and terms, when used in this chapter, shall have
the following meanings unless the context indicates otherwise. Terms not defined
in this chapter have the some 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 right-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 advice 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,
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
of the same distinct parcel of land; or
A building which is both commercial (usually on the ground floor) and
residential.
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 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.
This noise chapter 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 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
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.
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 § 119-4C of this regulation and with the definition of "real property line" as contained herein.
C.
Noise control officer shall have the power to:
(1)
Coordinate the noise control activities of all departments
in the Borough of Riverdale and cooperate with all other public bodies and
agencies to the extent practicable;
(2)
Review the actions of the Borough of Riverdale and advise
to 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
chapter;
(4)
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 office, in accordance with § 119-6 below; and
[1]
Editor's Note: Tables I and II are included at the end of this
chapter.
(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 § 119-2A 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.[1]
[1]
Editor's Note: Tables I and II are included at the end of this
chapter.
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, 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 multi-use property building and received within a residential unit
of the some 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: Tables I and II are included at the end of this
chapter.
D.
Impulsive sound shall not equal or exceed 80 decibels
at all times.
A.
Except as provided in Subsection B below, the provisions of this chapter shall not apply to the exceptions listed in N.J.A.C. 7:29-1.4. Construction and demolition activities are exempt from the sound level limits set forth in Tables I and II,[1] except as provided for in Subsection B below.
[1]
Editor's Note: Tables I and II are included at the end of this
chapter.
B.
Notwithstanding the provisions of Tables I and II,[2] the following standards shall apply to the activities or sources
of sound set forth below:
(1)
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.[3] 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]
Editor's Note: Tables I and II are included at the end of this
chapter.
(2)
Construction and demolition activity, excluding emergency
work, shall not be performed 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 and
federal 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 times, the limits set forth
in Tables I and II do not apply to construction and demolition activities.[4]
[4]
Editor's Note: Tables I and II are included at the end of this
chapter.
(4)
An exterior burglar alarm 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]
[6]
Editor's Note: Tables I and II are included at the end of this
chapter.
(5)
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.
(6)
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.
(7)
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.
(8)
Personal or commercial music amplification or reproduction equipment
shall not be operated in such a manner that the sound is plainly audible beyond
the property line where it originates between the hours of 10:00 p.m. and
8:00 a.m.
[Added 10-16-2006 by Ord. No. 24-2006]
[2]
Editor's Note: Tables I and II are included at the end of this
chapter.
A.
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.
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.
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.
