Borough of Glen Gardner, NJ Chapter 115 Noise

[HISTORY: Adopted by the Mayor and Council of the Borough of Glen Gardner 7-18-1989 by Ord. No. 89-8. Amendments noted where applicable.]

§ 115-1 Title.

This chapter may be cited as the "Noise Control Ordinance of the Borough of Glen Gardner."

§ 115-2 Legislative findings; policy; applicability.

A. The Mayor and Council of the Borough of Glen Gardner find that excessive sound is a serious hazard to the health, safety, general welfare and the quality of the life of the citizens of the Borough of Glen Gardner. Since a substantial body of science and technology exists by which excessive sound may be substantially abated and the people have a right to and should be ensured an environment free from excessive sound, it is the policy of the Borough of Glen Gardner to prevent excessive sound that may jeopardize the health and welfare or safety of the citizens or degrade the quality of life.

B. This chapter shall apply to the control of sound originating from stationary and mobile sources within the limits of the Borough of Glen Gardner.

§ 115-3 Definitions.

For the purpose of this chapter, the following definitions shall apply:

COMMERCIAL AREA

A group of commercial properties and the abutting public rights-of-way and public spaces.

COMMERCIAL PROPERTY

Any facility or property used for activities involving the furnishing or handling of goods or services, including but not limited to:

A. Commercial dining.

B. Off-road vehicle operations, such as repair, maintenance and terminaling.

C. Retail services.

D. Wholesale services.

E. Banking and office activities.

F. Recreation and entertainment.

G. Other commercial activities.

CONSTRUCTION

Any site preparation, assembly, erection, repair, alteration or similar action, but excluding demolition of buildings or structures.

DEMOLITION

Any dismantling, intentional destruction or removal of buildings or structures.

EMERGENCY WORK

Any work or action necessary to deliver essential services, including but not limited to repairing water, gas, electricity, telephone, sewer facilities and public transportation facilities, removing fallen trees on public rights-of-way or abating life-threatening situations.

GROSS VEHICLE WEIGHT RATING (GVWR)

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, 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.

INDUSTRIAL PROPERTY

Any facility or property used for activities involving the production, fabrication, packaging, storage, warehousing, shipping or distribution of goods.

MOTOR CARRIER VEHICLE ENGAGED IN INTERSTATE COMMERCE

Any vehicle for which regulations apply pursuant to Section 18 of the Federal Noise Control Act of 1972 (P.O. 92-574), as amended, pertaining to motor carriers engaged in interstate commerce.

MOTORCYCLE

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.

MOTOR VEHICLE

Any vehicle that is propelled or drawn on land by an engine or motor.

MUFFLER

A sound-dissipative device or system for abating sound of escaping gases of an internal combustion engine.

MULTI-DWELLING-UNIT BUILDING

Any building wherein there are two or more dwelling units.

MUNICIPALITY

The Borough of Glen Gardner, Hunterdon County, New Jersey.

NOISE

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.

NOISE CONTROL OFFICER

An officially designated person appointed by the borough governing body empowered to issue summonses for violations of this chapter. Any New Jersey State Police Officer shall be considered a noise control officer.

NOISE DISTURBANCE

Any sound that endangers the safety or health of any person, or disturbs a reasonable person of normal sensitivities, or endangers personal or real property.

PERSON

Any individual, corporation, company, association, society, firm, partnership, joint-stock company, the state or any political subdivision, agency or instrumentality of the state.

PUBLIC RIGHT-OF-WAY

Any street, avenue, boulevard, road, highway, sidewalk or alley or similar place that is owned or controlled by a governmental entity.

PUBLIC SPACE

Any real property or structures thereon that are owned or controlled by a governmental entity.

REAL PROPERTY LINE

Either the imaginary line, including its planar extension that separates one parcel of real property from another, or the vertical and horizontal boundaries of a dwelling unit that is one in a multi-dwelling-unit building.

RESIDENTIAL AREA

A group of residential properties and the abutting public rights-of-way and public spaces.

WEEKDAY

Any day, Monday through Friday, which is not a legal holiday.

§ 115-4 Administration; powers and duties of noise control officer.

A. The noise control program established by this chapter shall be administered by the Borough of Glen Gardner noise control officer.

B. The noise control officer 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 chapter.

C. The noise control officer shall be empowered to issue summonses for violations of this chapter as a result of complaints received by persons or upon personal observation.

D. The noise control officer shall not use this chapter in situations within the jurisdiction of the Federal Occupational Safety and Health Act.

§ 115-5 Prohibited acts.

A. No person shall cause, suffer, allow or permit to be made, verbally or mechanically, any noise disturbance across a residential real property boundary. 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 chapter.

B. No person shall cause, suffer, allow or permit the following acts:

(1) Sound reproduction systems. Operation, playing or permitting the operation or playing of any radio, television, phonograph or similar device that reproduces amplified sound in such a manner as to create a noise disturbance for any person other than the operator of the device.

(2) Loudspeakers/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. in the following day such that the sound therefrom creates a noise disturbance across a residential real property line.

(3) 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 chapter, 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.

(4) 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 compacting of refuse:

(a) Between the hours of 10:00 p.m. and 7:00 a.m. the following day in such a manner as to endanger the safety or health of any person or disturb a reasonable person of normal sensitivities or endanger personal or real property.

(b) By persons engaged in the business of scavenging or garbage collection, whether private or municipal, between the hours of 7:00 p.m. and 6:00 a.m. the following day, except by permit.

(5) 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 emitted endangers the safety or health of any person or disturbs a reasonable person of normal sensitivities or endangers personal or real property.

(6) Motor vehicle repairs and testing. Repairing, rebuilding, modifying or testing any motor vehicle or motorboat in such a manner as to endanger the safety or health of any person or disturb a reasonable person of normal sensitivities or endanger personal or real property.

(7) Construction and demolition. Operation 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 6:00 a.m. the following day on weekdays or at any time on weekends or legal holidays; except for emergency work or by special variance issued pursuant to § 115-7 hereof, and provided that such equipment is equipped with a proper muffler.

(8) Air conditioning, air-handling devices and wind energy conversion systems. The operation air conditioning, air-handling devices, including heat pumps, or wind energy conversion systems that produce a sound which causes a noise disturbance across a residential real property line.

(9) No person shall cause, suffer, allow or permit the operation of any source of sound on a particular category of property or any public space or right-of-way in such a manner as to create a sound level that endangers the safety or health of any person or disturbs a reasonable person of normal sensitivities or endangers personal or real property.

§ 115-6 Exceptions.

A. The following are exempt from the provisions of this chapter:

(1) Noise from domestic power tools, lawn mowers and agricultural equipment when operated with a functioning muffler between the hours of 8:00 a.m. and 8:00 p.m. on weekdays and 9:00 a.m. and 8:00 p.m. on weekends and legal holidays, provided that they do not cause a noise disturbance.

(2) Sound from church bells and church chimes when a part of a religious observation or service.

(3) Noise from construction activity, provided that all motorized equipment used in such activity is equipped with functioning mufflers, except as provided in § 115-5B(7).

(4) Noise from snowblowers, snow throwers and snowplows when operated with a muffler for the purpose of snow removal.

(5) Noise from stationary emergency signaling devices that conform to the provisions of N.J.A.C. 7:29-13, which provisions are incorporated herein by reference.

(6) Noise from an exterior burglar alarm of any building or motor vehicle, provided that such burglar alarm shall terminate its operation its operation within 15 minutes after it has been activated.

B. The provisions of this chapter shall not apply to:

(1) The emission of sound for the purpose of alerting persons to the existence of an emergency, except as provided in § 115-6A(6).

(2) The emission of sound in the performance of emergency work.

(3) Noise from celebrations or events sponsored or approved by the municipality, public or parochial schools or houses of worship with the municipality.

(4) Sand banks, pits and quarries which are legally operated and licensed by the municipality.

§ 115-7 Variances.

A. Any person who owns or operates any stationary noise source may apply to the Borough Council through the Borough Clerk for a variance from one or more of the provisions of this chapter. Applications for a permit of variance shall supply information, including but not limited to:

(1) The nature and location of the noise source for which such application is made.

(2) The reason for which the permit of variance is requested, including the hardship that will result to the applicant, his or her client or the public if the permit of variance is not granted.

(3) The nature and intensity of noise that will occur during the period of the variance.

(4) The section or sections of this chapter for which the permit of variance shall apply.

(5) A description of interim noise control measures to be taken by the applicant to minimize noise and the impacts occurring therefrom.

(6) A specific schedule of the noise control measures which shall be taken to bring the source into compliance with this chapter within a reasonable time.

B. A copy of the permit of variance must be kept on file by the Municipal Clerk for public inspection.

C. Failure to supply to the Municipal Clerk the information required hereby shall be cause for rejection of the application.

D. The Municipal Clerk shall charge the applicant a fee of $10 to cover expenses resulting from the processing of the permit of the variance application.

E. The Municipal Council may, at its discretion, limit the duration of the permit of variance, which shall never be 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 chapter.

F. The permit of variance shall operate as a stay of prosecution.

G. The permit of variance may be revoked if the terms of the permit of variance are violated.

H. In the event that the reason for which the permit of variance is sought requires action that will not, because of time constraints, allow the matter to be submitted to the Municipal Council at a regular meeting, the Municipal Clerk is authorized to consider and decide the variance application.

§ 115-8 Enforcement.

A. Issuance of summonses. Violation of any provision of this chapter shall be cause for a summons to be issued by any authorized person or police officer.

B. Abatement orders.

(1) Except as provided in Subsection B(2), in lieu of issuing a summons, an order may be issued requiring abatement of any source of sound alleged to be in violation of this chapter within a reasonable time period.

(2) An abatement order shall not be issued for any violation covered by Subsection C or when there is reason to believe that there will not be compliance with the abatement order.

C. Penalties. Any person who shall violate any of the terms or provisions of this chapter or who shall commit or do any act or thing prohibited in this chapter shall, upon conviction thereof before the Municipal Court, pay a fine of not less than $100 nor more than $1,000, or be ordered to perform community service for a period not exceeding 90 days or be imprisoned for a term of not to exceed 90 days for each act or thing committed or done in violation of the provisions of this chapter, in the discretion of the Magistrate. Each day that any such act or thing committed or done in violation of the provisions of this chapter shall be permitted to exist shall be deemed a separate and distinct offense upon conviction thereof. The municipality reserves the right under the laws of the State of New Jersey to bring suit against any person or persons violating this chapter in the appropriate Superior County Court if it is deemed necessary to enforce this chapter.

D. Other remedies. 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 form any violation of this chapter.