[HISTORY: Adopted by the City Council of the City of Hackensack 6-4-1984 as Ord. No. 10-84. Amendments noted where applicable.]112a Table I Max Perm. Sound Levels
Editor's Note: This ordinance also repealed former Ch. 112, Noise, adopted as follows: Art. I, 9-2-1947 as Ord. No. 355; Art II, 9-15-1969 as Ord. No. 955, as amended.
Whereas excessive sound is a hazard to the public health, safety, welfare and 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 an environment free from excessive sound, now, therefor, it is the policy of the City of Hackensack to prevent excessive sound that may jeopardize the health, safety or welfare of the citizens or degrade the quality of life.
The words, terms or phrases listed below, for the purpose of this code and chapter, shall be defined and interpreted as follows:
- COMMERCIAL AREA
- A group of commercial properties and abutting public rights-of-way and public space.
- COMMERCIAL PROPERTY
- Any facility or property used for activities involving the furnishing or handling of goods or services, including but not limited to commercial dining; off-road vehicle operating, such as repair, maintenance and terminalling; retail services; wholesale services; banking and office activities; recreation and entertainment; community services; public services; and other commercial activities.
- Any site preparation, assembly, erection, repair, alteration or similar action, but excluding demolition of buildings or structures.
- DECIBLE (DB)
- The practical units of measurement for sound pressure level; the number of decibels of a measured sound is equal to 20 times the logarithm to the base 10 of the ratio of the sound pressure of the measured sound (20 micropascals); abbreviated dB.
- 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 or sewer facilities or public transportation facilities, removing fallen trees on public rights-of-way or abating life-threatening conditions.
- INDUSTRIAL PROPERTY
- Any facility or property used for activities involving the production, fabrication, packaging, storage, warehousing, shipping or distribution of goods.
- MOTOR VEHICLE
- Any vehicle that is propelled or drawn on land by an engine or motor.
- A sound dissipative device or system for abating the sound of escaping gases of an internal-combustion engine.
- MULTI-DWELLING-UNIT BUILDING
- Any building wherein there are two or more dwelling units.
- Any sounds of such level and duration as to be or tend to be injurious to human health or welfare or that would unreasonably interfere with the enjoyment of life or property.
- 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.
- Any individual, corporation, company, association, society, firm, partnership or joint-stock company or the state or any political subdivision, agency or instrumentality of the state.
- PUBLIC RIGHT-OF-WAY
- Any street, avenue, boulevard, road, highway, sidewalk, 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 vertical 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.
- RESIDENTIAL PROPERTY
- Any property used for human habitation.
- SOUND LEVEL
- The sound-pressure level measured in decibels with a sound-level meter set for A-weighting; sound level is expressed in dBA.
- SOUND-LEVEL METER
- An instrument for the measurement of sound levels as specified in N.J.A.C. 7:29B, which provisions are incorporated herein by reference.
- Any day, Monday through Friday, that is not a legal holiday.
A person representing the departments that are authorized to enforce this chapter shall be qualified to make noise measurements if the person has satisfactorily completed any of the following:
"Community Noise - A Short Course," offered by the Department of Environmental Science Cook College - Rutgers the State University;
A program of tutoring and on-the-job training offered by the New Jersey Department of Environmental Protection, Office of Noise Control, to its employees; or
Education or experience or a combination thereof certified by the above Department as equivalent to the provisions of Subsection A(l) or (2) of this section.
Noise measurements made by duly authorized persons shall be taken according to procedures specified by N.J.A.C. 7:29B, which provisions are incorporated herein by reference except as provided in § 112-4A(l).
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 exceeds the particular sound level limits set forth in Table I when measured at or within the real property line of the receiving property except as provided in Subsection A(1).
When measuring noise within a dwelling unit of a multi-dwelling-unit building, all exterior doors and windows shall be closed, and the measurements shall be taken in the center of the room.
Editor's Note: Table I is included at the end of this chapter.
The following are exempt from the sound level limits of Table I:
Noise from domestic power tools, lawn mowers and agricultural equipment when operated with a 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 produce less than 85 dBA at or within any real property line of a residential property.
Sound from church bells and church chimes when a part of a religious observance or service.
Noise from construction activity, provided that all motorized equipment used in such activity is equipped with functioning mufflers, except as provided in § ll2-5B(5).
Noise from snowblowers, snow throwers and snowplows when operated with a muffler for the purpose of snow removal.
Noise from stationary emergency signaling devices that conforms with the provisions of N.J.A.C. 7:29, which provisions are incorporated herein by reference.
Noise from an exterior burglar alarm of any building or motor vehicle, provided that such burglar alarm shall terminate its operation within 12 minutes after it has been activated.
No person shall cause, suffer, allow or permit to be made, verbally or mechanically, any noise disturbance. Unamplified noncommercial public speaking and unamplified public assembly activities conducted on any public space or public right-of-way shall be exempt from the operation of this section.
No person shall cause, suffer, allow or permit the following acts:
Sound reproduction system.
[Amended 6-19-1989 by Ord. No. 19-89]
The using, operating or permitting to be played, used or operated of any radio receiving set or television set or musical producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or any time with louder volume than is necessary for the convenient hearing of the person or persons in the room, vehicle or chamber 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 at such a volume as to be plainly audible in the case of operation within a single or multifamily dwelling, to any person in any apartment, dwelling unit or public area outside of that in which such operation occurs or, in the case of operation in a vehicle or outdoors area, to any person inside of any building or structure or to any person 50 feet or more distant from such operation, shall be prima facie evidence of a violation of this subsection.
Loudspeakers and public address systems: using or operating any loudspeaker, public address system or similar device between the hours of 10:00 p.m. and 8:00 a.m. of the following day, such that the sound therefrom creates a noise disturbance across a residential real property line.
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 section, 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.
Standing motor vehicles: operating or permitting the operation of any motor vehicle or any auxiliary equipment attached to such a vehicle for a period of longer than three minutes in any hour while the vehicle is stationary, for reasons other than traffic congestion or emergency work, on a public right-of-way or public space within 150 feet (46 meters) of a residential area between the hours of 8:00 p.m. and 8:00 a.m. of the following day.
Construction and demolition:
Operating or permitting the operation of any tools or equipment used in construction, drilling, earthmoving, excavating or demolition work or at any time on Sundays or legal holidays or on weekdays except between the hours of 7:00 a.m. and 6:00 p.m. or on Saturdays except between the hours of 9:00 a.m. and 6:00 p.m.; or
Operating or permitting the operation of such equipment at any time without a proper muffler, except that such proper muffler shall not be required for emergency work, or when a variance has been issued pursuant to § 112-7, or when the sound level does not exceed any applicable limit specified in Table I.
[Amended 2-16-1988 by Ord. No. 1-88]
Editor's Note: Table I is included a the end of this chapter.
[Amended 11-4-1985 by Ord. No. 22-85]
The provisions of this chapter shall not apply to:
The emission of sound for the purpose of alerting persons to the existence of an emergency, such as police, fire, ambulance, air raid or other like disaster running, alert or alarm, whether such alarm be for an actual emergency purpose or for practice or for testing purposes, except as provided in § 112-4B(5) or (6).
Any utility company or governmental agency in the performance of emergency repairs, construction or other duties that are required to be performed in the interest of public safety, health or public welfare.
Any persons who are engaged in a relatively charitable, recreational, civic or political activity by means of a sound truck or other amplification device for nonprofit purposes, provided that such persons shall have first obtained a permit from the City of Hackensack, upon written application setting forth the sponsorship, date, hours and routes of such activity. The City Manager shall not issue such permit unless, having considered the date, time and route, he shall determine that the noise created by such activity shall not cause undue disturbance or discomfort to the public.
Noise from municipally sponsored or approved celebrations or events shall be exempt from this chapter.
Any person who owns or operates any stationary noise source may apply to the City Manager 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:
The nature and location of the noise source for which such application is made.
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.
The nature and intensity of noise that will occur during the period of the variance.
The section or sections of this chapter for which the permit of variance shall apply.
A description of interim noise control measures to be taken by the applicant to minimize noise and the impacts occurring therefrom.
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.
A copy of the permit of variance must be kept on file by the Department of Health for public inspection.
Failure to supply the information required by the City Manager shall be cause for rejection of the application.
The City of Hackensack may charge the applicant a fee of $50 to cover expenses resulting from the processing of the permit of variance application.
The City Manager may, at his or her 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 section.
The permit of variance shall operate as a stay of prosecution.
The permit of variance may be revoked by the City Manager if the terms of the permit of variance are violated.
[Amended 11-4-1985 by Ord. No. 22-85]
The administration and enforcing authority shall be the police and/or the Health Department of the City of Hackensack.
Any person who violates any provisions of this chapter shall be subject to a penalty for each offense of $25 for the first offense, $75 for the second offense and $250 for the third offense and any subsequent offense.
If the violation is of a continuing nature, each day during which it occurs shall constitute an additional, separate and distinct offense.
Other remedies. No provisions 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.