[HISTORY: Adopted by the Mayor and Council of the Borough of Northvale 11-8-1972
as Ord. No. 380 (Ch. 52 of the 1969 Code). Amendments noted
where applicable.]
It is found and declared that:
A.
The making and creation of loud, unnecessary or unusual
noises within the limits of the Borough of Northvale is a condition which
has existed for some time and the extent and volume of such noises is increasing.
B.
The making, creation or maintenance of such loud, unnecessary,
unnatural or unusual noises which are prolonged, unusual and unnatural in
their time, place and use affect and are a detriment to public health, comfort,
morals, convenience, safety, welfare and prosperity of the residents of the
Borough of Northvale.
C.
The necessity in the public interest for the provisions
and prohibitions hereinafter contained and enacted is declared as a matter
of legislative determination and public policy, and it is further declared
that the provisions and prohibitions hereinafter contained and enacted are
in pursuance of and for the purpose of securing and promoting the public health,
comfort, morals, convenience, safety, welfare and prosperity and the peace
and quiet of the Borough of Northvale and its inhabitants.
A.
"A" BAND LEVEL
AMBIENT NOISE
BAND PRESSURE LEVEL OF SOUND FOR A SPECIFIED FREQUENCY BAND
BEL
CYCLE
DECIBEL
EMERGENCY WORK
FREQUENCY OF A FUNCTION PERIODIC IN TIME
MICROBAR
PERIODIC QUANTITY
PERIOD OF A PERIODIC QUANTITY
PERSON
SOUND ANALYZER
SOUND LEVEL METER
SOUND PRESSURE LEVEL, IN DECIBELS, OF SOUND
SPECTRUM
For the purposes of this chapter, certain words and phrases
used herein are defined as follows:
The total sound level of all noise as measured with a sound level
meter using the A-weighing network. The unit of measurement is the dB(A).
The all-encompassing noise associated with a given environment, being
usually a composite of sounds from many sources, near and far.
The sound pressure level for the sound contained within the restricted
band. The reference pressure must be specified.
A unit of level when the base of a logarithm is 10. Use of the "bel"
is restricted to levels of quantities proportional to power.
The complete sequence of values of a periodic quantity that occurs
during a period.
One-tenth (1/10) of a bel, and is a unit of level when the base of
the logarithm is the tenth root of 10 and the quantities concerned are proportional
to power.
Work made necessary to restore property to a safe condition following
a public calamity or work required to protect persons or property from an
imminent exposure to danger.
The reciprocal of the primitive period. The unit is the cycle per
unit time and must be specified.
A unit of pressure commonly used in acoustics and equal to one dyne
per square centimeter.
An oscillating quantity, the values of which recur for equal increments
of time.
The smallest increment of time for which the function repeats itself.
Any person, persons, firm, association, copartnership, joint venture,
corporation or any entity public or private in nature.
A device for measuring the band pressure level or pressure spectrum
level of a sound as a function of frequency.
An instrument, including a microphone, an amplifier, an output meter
and frequency weighting networks, for the measurement of noise and sound levels
in a specified manner.
Twenty times the logarithm to the base 10 of the ratio of the pressure
of this sound to the reference pressure, which reference pressure must be
explicitly stated.
A function of time and a description of its resolution into components,
each of different frequency and usually of different amplitude and phase,
also used to signify a continuous range of components each of different frequency
and usually of different amplitude and phase and also used to signify a continuous
range of components usually wide in extent within which waves have some specified
characteristics, such as audio-frequency spectrum, and also applied to functions
of variables other than time.
B.
All technical definitions and test procedures shall be
in substantial conformity with ANSI Standards S-1.4 of 1961, SI-11-1966 and
SI-12-1967, as the same may be amended and supplemented.
It shall be unlawful for any person to make, continue or cause to be
made or continued any loud, unnecessary or unusual noise or any noise which
either annoys, disturbs, injures or endangers the comfort, repose, health,
morals, peace or safety of others within the limits of the borough.
A.
The following acts, among others, are declared to be
loud, disturbing and unnecessary noises in violation of this chapter, but
said enumeration shall not be deemed to be exclusive, namely:
(1)
Horns, signaling devices, etc. The sounding of any horn
or signaling device on any automobile, motorcycle, bus, truck or other vehicle
on any street or public place of the borough, except as a danger warning or
for the normal celebrations for weddings, football games and similar events;
the creation by means of any such signaling device of any unreasonably loud
or harsh sound; and the sounding of any such device for an unnecessary and
unreasonable period of time.
(2)
Radios, phonographs, etc. The using, operating or permitting
to be played, used or operated of any radio, television set, 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 the neighboring
inhabitants or at any time with louder volume than is necessary for convenient
hearing for the person or persons who are in the room, vehicle, chamber or
yard in which such machine or device is operated and who are voluntary listeners
thereto. The operation of any such set, instrument, phonograph, machine or
device between the hours of 10:00 p.m. Sunday through 8:00 a.m. Monday morning
and the same thereafter on Tuesday, Wednesday and Thursday and between 11:00
p.m. Friday and 8:00 a.m. Saturday and 11:00 p.m. Saturday and 8:00 a.m. Sunday,
in such a manner as to be plainly audible to persons with normal hearing at
a distance of 50 feet from the building, structure, vehicle or yard in which
it is located, shall be prima facie evidence of a violation of this section.
(3)
Loudspeakers, amplifiers for advertising. The using,
operating or permitting to be played, used or operated of any radio set, television
set, musical instrument, phonograph, loudspeaker, sound amplifier or other
machine or device for the producing or reproducing of sound which is cast
upon the public streets for the purpose of commercial advertising or attracting
the attention of the public to any building or structure.
(4)
Yelling, shouting, etc. Yelling, shouting, hooting, whistling
or singing on the public streets, particularly between the hours of 11:00
p.m. and 7:00 a.m. or at any time or place so as to annoy or disturb the quiet,
comfort or repose of persons in any office or in any dwelling, hotel or other
type of residence or of any persons in the vicinity.
(5)
The uttering of any loud, offensive, violent, indecent
or profane language.
(6)
Animals, birds, etc. The keeping of any animal or bird
which, by causing frequent or long continued noise, shall disturb the comfort
or repose of any persons in the vicinity.
(7)
Whistles. The blowing of any whistle except to give notice
of the time to begin or stop work or as a warning of fire or danger or upon
request of proper borough authority or as may be required by general law or
ordinance.
(8)
Exhausts. The discharge into the open air of the exhaust
of any steam engine, stationary internal-combustion engine, motorboat or motor
vehicle except through a muffler or other device which will effectively prevent
loud or explosive noises therefrom.
(9)
Defect in vehicle or load. The use of any automobile,
motorcycle or vehicle so out of repair, so loaded or in such manner as to
create loud and unnecessary grating, grinding, rattling or other noise.
(10)
Construction or repairing of buildings. The erection
(including excavating), demolition, alteration or repair of any building other
than between the hours of 7:00 a.m. and 7:00 p.m. on weekdays, except in case
of urgent necessity in the interest of public health and safety, and then
only with a permit from the Construction Official, which permit may be granted
for a period not to exceed three days or less while the emergency continues
and which permit may be renewed for periods of three days or less while the
emergency continues. If the Construction Official should determine that the
public health and safety will not be impaired by the erection, demolition,
alteration or repair of any building or the excavation of streets and highways
within the hours of 7:00 p.m. and 7:00 a.m. and if he shall further determine
that loss or inconvenience would result to any party in interest, he may grant
permission for such work to be done within the hours of 7:00 p.m. and 7:00
a.m. upon application being made at the time the permit for the work is awarded
or during the progress of the work; provided, however, that an individual
performing work on his own home by himself or with members of his family,
as opposed to contract personnel, may work at later hours or on Sundays, provided
that the hours of work or the intensity of noise level is not such as to offend
adjacent residential property owners or tenants.[1]
(11)
Schools, courts, churches, hospitals. The creation of
any excessive noise on any street adjacent to any school, institution of learning
or church while the same is in use or adjacent to any hospital or nursing
home which unreasonably interferes with the workings of such institution or
which disturbs or unduly annoys patients in the hospital or nursing home,
provided that conspicuous signs are displayed in such streets indicating that
the same is a school or hospital street.
(12)
Hawkers, peddlers. Shouting and crying of peddlers, hawkers
and vendors which disturbs the peace and quiet of the neighborhood even though
licensed according to law.
(13)
Air conditioners. All sounds or noises emanating from
air conditioners which exceed by 10 decibels or more between the hours of
7:00 a.m. and 10:00 p.m. or five decibels or more between the hours of 10:00
p.m. and 7:00 a.m. the sound levels prevailing at the same point when the
air conditioner is not operating or emitting such sound. For the purpose of
this section, all sound pressure levels shall be measured by a sound level
meter manufactured according to American Standards S-1.4, dated 1961, published
by the United States of America Standards Institute, New York, New York, as
the same has been amended and supplemented, and shall be measured by such
sound level meter operated by representatives of the Board of Health of the
Borough of Northvale, which measurement shall be determined by the final average
of no less than three readings of the meter taken at the same distance from
the source of the offending noise at not less than two-minute intervals. The
place of measurement shall be as close to the source as possible or, in lieu
thereof, measurement may be made in the vicinity of the house or establishment
where the complaint is originated in reasonable relationship to the offending
noise source using the A scale of the meter with the slowest meter response
in accordance with the specifications of the manufacturer; in the event that
there is not direct access to the noise source, the reading may be taken at
the center of the room where the complainant resides with one window open
in the room in which the measurement is taken, and it shall be a violation
if the noise level at this source exceeds the noise differential heretofore
provided of 10 or five decibels difference, depending upon the hours during
which the measurement is taken.
(14)
Pile drivers, hammers, etc. The operation between the
hours of 10:00 p.m. and 7:00 a.m. of any pile driver, steam shovel, pneumatic
hammer, derrick, steam or electric hoist or other appliance, the use of which
is attended by loud or unusual noise.
(15)
Blowers. The operation of any noise-creating blower or
power fan or any internal-combustion engine, the operation of which causes
noise due to the explosion of operating gases or fluids, unless the noise
from such blower or fan is muffled and such engine is equipped with a muffler
device sufficient to deaden such noise. No blower located within 200 feet
of a residential district shall be operated except during the hours of 7:00
a.m. and 7:00 p.m. on weekdays unless the noise level of said blower is no
more than five decibels above the ambient noise level.
(16)
Body shops, auto repair shops and gasoline service stations.
The operation of the aforesaid uses other than for filling station services
such as the pumping of gas, oil, etc., is deemed to be a nuisance, and such
work on vehicles concerning body repair, wrecking, demolition and other heavy
repairs or body work shall be conducted:
(a)
Only with the confines of a building, which building
shall have a door capable of being closed to assist in muffling the sound
level.
(b)
Only between the hours of 7:00 a.m. and 7:00 p.m. Monday
through Friday or between the hours of 8:00 a.m. and 6:00 p.m. on Saturday.
(c)
Any and all unnecessary, unusual or disturbing acts as
shall be determined by the Municipal Court not enumerated herein.
B.
Vehicle repairs. It shall be unlawful for any person
within any residential area of the borough to repair, rebuild or test any
motor vehicle (between the hours of 10:00 p.m. of one day and 7:00 a.m. of
the next day) in such a manner that a reasonable person of normal sensitiveness
residing in that area is caused discomfort or annoyance.
C.
It shall be unlawful for any person to operate any motor
of a motor vehicle of a weight in excess of four tons (8,000 pounds) for a
consecutive period longer than two minutes while such vehicle is standing
on private property and located within 150 feet of property zoned and used
for residential purposes except where such vehicle is standing within a completely
enclosed structure. This section shall not apply to buses operated for the
transportation of passengers while standing in established bus turnarounds,
bus terminals, bus parking lots and bus storage yards.
Notwithstanding the provisions in § 127-4 aforesaid, any noise created in the Borough of Northvale shall, in addition to the limitation of the hours of operation or restrictions, meet the following standards:
A.
General provisions; tests for unlawful noise. The standards which shall be considered in determining whether a violation of § 127-3 aforesaid exists shall include but not be limited to the following:
(1)
The volume of the noise.
(2)
The intensity of the noise.
(3)
Whether the nature of the noise is usual or unusual.
(4)
Whether the origin of the noise is natural or unnatural.
(5)
The volume and intensity of the background noise, if
any.
(6)
The proximity of the noise to residential sleeping facilities.
(7)
The nature and zoning of the area within which the noise
emanates.
(8)
The density of inhabitation of the area within which
the noise emanates.
(9)
The time of the day or night the noise occurs.
(10)
The duration of the noise.
(11)
Whether the noise is recurrent, intermittent or constant.
(12)
Whether the noise is produced by a commercial or noncommercial
activity.
B.
Classification of use districts, residential, manufacturing
and commercial. It shall be unlawful to project a sound or noise, excluding
noise emanating from cars, trucks or motorcycles, from one property to another
within the boundary of a use district which exceeds either the limiting noise
spectra set forth in Table I below or exceeds the ambient noise level by more
than three decibels.
(1)
Sound or noise projecting from one use district into
another use district with a different noise level limit shall not exceed the
limits of the district into which the noise is projected.
(2)
Measurement of noise.
(a)
The measurement of sound or noise shall be made with
a sound level meter and octave band analyzer meeting the standards prescribed
by the American Standards Association. The instruments shall be maintained
in calibration and good working order. Octave band corrections may be employed
in meeting the response specification. A calibration check shall be made of
the system at the time of any noise measurement. Measurements recorded shall
be taken so as to provide a proper representation of the noise source. The
microphone during the measurement shall be positioned so as not to create
any unnatural enhancement or diminution of the measured noise. A windscreen
for the microphone shall be used when required. Traffic, aircraft and other
transportation noise sources and other background noises shall not be considered
in taking measurements except where such background noise interferes with
the primary noise being measured.
(b)
The slow meter response of the sound level meter shall
be used in order to best determine that the average amplitude has not exceeded
the limiting noise spectra set forth in Table I below.
(c)
The measurement shall be made at the property line of
the property on which such noise is generated or perceived, as appropriate,
five feet above ground.
(d)
In the case of an elevated or directional sound or noise
source, compliance with the noise limits is to be maintained at any elevation
at the boundary.
(3)
The limits hereinabove referred to shall be in accordance
with the following table:
|
TABLE I
LIMITING NOISE LEVELS FOR USE DISTRICTS
| |||
|
Maximum Permissible Sound Pressure Level
(in decibels re 0.0002 microbars)
Use District
| |||
|
Octave Band Center Frequency
(cycles per second)
|
Residential
|
Commercial
|
Manufacturing
|
|
Below 75
|
65
|
79
|
80
|
|
75 to 150
|
60
|
74
|
75
|
|
150 to 300
|
55
|
66
|
70
|
|
300 to 600
|
55
|
59
|
64
|
|
600 to 1,200
|
45
|
53
|
58
|
|
1,200 to 2,400
|
45
|
47
|
53
|
|
2,400 to 4,800
|
40
|
41
|
49
|
|
Above 4,800
|
40
|
49
|
46
|
(4)
If the noise is not smooth and continuous and is not radiated between the hours of 9:00 p.m. and 7:00 a.m., one or more of the corrections in Table II below shall be added to or subtracted from each of the decibel levels given in Table I of Subsection B(3) of this section.
|
TABLE II
TYPE OF OPERATION IN
CHARACTER OF NOISE
| |
|
Type of Noise
|
Correction
(in decibels)
|
|
Noise source operated less than 20 percent of any 1-hour period
|
Plus 5
|
|
Noise source operated less than 5 percent of any 1-hour period
|
Plus 10
|
|
Noise source operated less than 1 percent of any 1-hour period
|
Plus 15
|
|
Noise of impulsive character (hammering, etc.)
|
Minus 5
|
|
Noise of periodic character (hum, screech, etc.)
|
Minus 5
|
|
Noise present between the hours of 10:00 p.m. to 7:00 a.m. on Monday
through Saturday or at any time on Sunday or holidays
|
Minus 7
|
|
(Apply one of these corrections only)
| |
C.
Enclosed places of public entertainment.
(1)
It shall be unlawful to sustain in any enclosed place
of public entertainment, including but not limited to a restaurant, bar, cafe,
discotheque or dance hall, any amplitude equal to or in excess of 95 dB(A)
sustained for more than 30 seconds.
(2)
Measurement of noise. Such sound or noise is to be measured
by a sound level meter approved by the American Standards Association from
any area to which the public is invited within any enclosed place of public
entertainment.
D.
Exemptions. The following uses and activities shall be
exempt from noise level regulations:
E.
Application for special permit.
(1)
Applications for a permit for relief from the noise level
designated in this chapter on the basis of undue hardship may be made to the
Mayor and Council or their duly authorized representative. Any permit granted
by the Mayor and Council hereunder shall contain all conditions upon which
said permit has been granted and shall specify a reasonable time that the
permit shall be effective. The Mayor and Council or their duly authorized
representative may grant the relief as applied for if they find that:
(a)
Additional time is necessary for the applicant to alter
or modify his activity or operation to comply with this chapter.
(b)
The activity, operation or noise source will be of temporary
duration and cannot be done in a manner that would comply with other subsections
of this section.
(c)
No other reasonable alternative is available to the applicant.
(2)
The Mayor and Council may prescribe any conditions or
requirements they deem necessary to minimize adverse effects upon the community
or the surrounding neighborhood.
Nothing in this chapter shall be deemed to prohibit:
A.
The owner or occupant of a dwelling at a reasonable hour
from mowing the lawn around such dwelling with a power mower or removing snow
with a power blower or from making minor repairs necessary for normal maintenance
of such dwelling at any time with any equipment other than with bulldozers,
tractors, jackhammers or gasoline-powered saws, provided that the making of
such minor repairs is not accompanied by any loud, unnecessary or unusual
noise; provided, however, that any such activity between the hours of 12:00
midnight and 6:00 a.m. shall be deemed to be prima facie a violation of this
chapter.
B.
Bells, chimes or music between the hours of 6:00 a.m.
and 9:30 p.m. from any church, or music in keeping with the Christmas season
during the Christmas season from any private or public source.
C.
Playing by a band or orchestra in a hall, nonresidential building or in the public parks for regular concerts or dances or other events consistent with Chapter 200, Zoning, or by virtue of special permission of the Mayor and Council of the Borough of Northvale.
D.
Parades approved by the Mayor and Council according to
law.
E.
The use of sound trucks by civic, charitable, religious,
political and other nonprofit corporations when approved according to law
or by special permission of the Mayor and Council, provided that no commercial
or advertising material is programmed, and provided further that the use of
the sound truck is limited to the hours and routes prescribed, which in no
case shall be before 9:00 a.m. nor after 5:00 p.m. on Monday through Saturday
and not at all on Sunday.
F.
Police, fire, ambulance, air raid or other sirens which
may be operated by the borough or civil defense or other governmental authorities.
Violations of this chapter shall be prosecuted in the same manner as other violations of the ordinances of the Borough of Northvale; provided, however, that in the event of violation of § 127-5 of this chapter, a written notice of intention to prosecute will be given the alleged violator not fewer than five calendar days prior to the issuance of a summons. No complaint shall be issued in the event that the cause of the violation is removed and the condition abated or fully corrected within such five-day period. In the event that the alleged violator cannot be located in order to serve the notice of intention to prosecute, the notice as required herein shall be deemed to be given upon mailing such notice by registered or certified mail to the alleged violator at his last known address or at the place where the violation occurred, in which event the five-day period shall commence at the date of the day following the mailing of such notice.
As an additional remedy, the operation or maintenance of any device,
instrument, vehicle, machinery or business in violation of any provision hereof
and which causes discomfort or annoyance to reasonable persons of normal sensitiveness
or which endangers the comfort, repose, health or peace of residents in the
area shall be deemed and is declared to be a public nuisance and may be subject
to abatement summarily by a restraining order or injunction issued by a court
of competent jurisdiction.
In the event that the State of New Jersey through the Department of
Community Affairs, the Department of Environmental Protection and Energy or
any similar state agency promulgates stricter standards, then, in that event,
all persons within the Borough of Northvale shall comply with the higher state
regulations, notwithstanding the provisions of this chapter.
Any person or persons, firm or corporation who or which violates any provision of this chapter shall be punishable as provided in Chapter 1, General Provisions, Article II General Penalties. Each and every day on which the violation takes place or continues shall be deemed to be a separate violation.
