[HISTORY: Adopted by the Mayor and Council
of the Borough of South River 11-10-2008 by Ord. No. 2008-33.[1] Amendments noted where applicable.]
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.
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.
Any sound which injuries or endangers the safety or health
of a human, annoys or disturbs a reasonable person of normal sensibilities
or endangers or injures personal or real property.
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 investigating
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 multi-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).
A.
This chapter applies to sound from the following property
categories:
B.
This chapter applies to sound received at 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.
The provisions of this chapter shall be enforced
by the Health Officer and Police Department of the Borough of South
River. These enforcement officials shall have the power to:
A.
Coordinate the noise control activities of all the
departments in the Borough of South River and cooperate with all other
public bodies and agencies to the extent practical;
B.
Review the actions of the Borough of South River and
advise of the effect, if any, of such actions on noise control;
C.
Review public and private projects, subject to mandatory
review or approval by other departments or boards, for compliance
with this chapter;
D.
Investigate, resolve and/or pursue possible violations of this chapter and refer complaints to an appropriate Borough department for enforcement if deemed appropriate; for example, referring complaints related to § 288-4D to the Borough Construction/Zoning Department.
E.
Refer complaints to the Middlesex County Health Department
in those instances that require the measurement of sound levels or
sound pressure so that the Middlesex County Health Department can
pursue possible violations under state regulations, and if appropriate,
assist in the investigation; and
F.
Cooperate with and provide assistance to other departments
and/or county noise control officers in enforcing noise violations
in the Borough.
The following standards shall apply to the activities
or sources of sound set forth below:
A.
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. All motorized equipment used in these activities
shall be operated with a muffler.
B.
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.
C.
All motorized equipment used in these activities shall
be operated with a muffler.
D.
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. All motorized equipment used in
construction and demolition activity shall be operated with a muffler.
E.
Motorized snowblowers, snow throwers, and lawn equipment
with attached snow plows shall be operated at all times with a muffler.
F.
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.
G.
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.
H.
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.
I.
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.
J.
Music or sound amplification or reproduction equipment,
radios, televisions, phonographs, CD players, musical instruments,
percussion instruments, or other sound-generating devices shall not
be operated in such a manner as to be plainly audible at a residential
property line or through partitions common to two parties within a
building between the hours of 10:00 p.m. and 8:00 a.m.
K.
It is prohibited to own, possess, or harbor any pet
animal that frequently or for continued duration makes sounds that
create a noise disturbance across a real property line or through
partitions common to two parties within a building. For purposes of
this provision, a noise disturbance from a pet animal shall be defined
as that created by a pet animal making noise continuously for 10 minutes
or intermittently for 30 minutes unless provoked.
L.
It is prohibited to willfully make or cause to be
made any audible noise which is deemed objectionable because of volume,
frequency, or beat and/or which creates a noise disturbance.
Nothing contained herein shall apply to:
A.
The use of bells, chimes or sound amplifiers used
by religious facilities engaged in religious activities.
B.
Municipal departments in the performance of their
duties, drills, or other necessary activities.
C.
Activity conducted under the permission or authority
of municipal officials.
D.
Warning devices on authorized emergency vehicles or
other vehicles used for traffic safety purposes.
A.
Violation of any provision of this chapter shall be
cause for the issuance of a summons. The recipient of a summons shall
be entitled to a hearing in a municipal court having jurisdiction
to contest such action and, upon conviction thereof, shall be subject
to a fine for each offense of not more than $2,000. If the violation
is of a continuing nature, each day on which it occurs shall constitute
an additional, separate, and distinct offense.
B.
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.
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 this chapter shall not be invalidated.
B.
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.
