Township of Teaneck, NJ
Bergen County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[ Ord. No. 3152, 6-21-1988, § 3.]
The words and terms used herein shall have meanings identical to those set forth in N.J.R.S. 7:29-1.1 and 29B-1.
[ Ord. No. 3152, 6-21-1988, § 3.]
(a) 
From 10:00 p.m. to 7:00 a.m., no person shall cause, suffer, allow or permit sound from any stationary source on a residential property, industrial facility, commercial facility, public service facility or community service facility that, when measured at any residential property line, exceeds any of the following:
(1) 
Continuous airborne sound which has a sound level in excess of 45 dBA;
(2) 
Impulsive sound in air which has a peak sound pressure level in excess of 70 decibels; or
(3) 
Continuous airborne sound which has an octave band sound pressure level, in decibels (dB), which exceeds the values listed below in one or more octave bands:
Octave Band
Octave Band Sound
Center Frequency
Pressure Level
(Hz)
(dB)
31.5
76
63
61
125
51
250
43
500
38
1,000
35
2,000
32
4,000
30
8,000
28
(b) 
From 7:00 a.m. to 10:00 p.m., no person shall cause, suffer, allow or permit sound from any stationary source on a residential property, industrial facility, commercial facility, public service facility or community service facility that, when measured at any residential property line, is in excess of the following:
(1) 
Continuous airborne sound which has a sound level in excess of 55 dBA;
(2) 
Impulsive sound in air which has a peak sound pressure level in excess of 70 decibels; or
(3) 
Continuous airborne sound which has an octave band sound pressure level, in decibels (dB), which exceeds the values listed below in one or more octave bands:
Octave Band
Octave Band Sound
Center Frequency
Pressure Level
(Hz)
(dB)
31.5
86
63
72
125
64
250
57
500
53
1,000
50
2,000
47
4,000
45
8,000
43
The operational performance standards established by this Article shall not apply to any of the following noise sources:
(a) 
Stationary bells, chimes or carillons, while being used in conjunction with religious services.
(b) 
Emergency energy release devices.
(c) 
Emergency work to provide electricity, water or other public utilities when public health or safety is involved.
(d) 
National Warning System (NAWAS); systems used by governmental agencies to warn or alert citizens.
(e) 
The use of explosive devices under authorized permit procedures.
(f) 
Emergency signaling devices.
[ Ord. No. 3152, 6-21-1988, § 3; Ord. No. 3178, 11-22-1988, § 1.]
(a) 
The provisions of this Article shall be enforced by the Township Health Officer.
(b) 
The Health Officer shall ensure that members of the Health Department dealing with noise complaints and/or sound measurements are qualified under N.J.A.C. 7:29B-1.11.
(c) 
Sound measurements made by members of the Health Department shall be taken according to procedures specified by N.J.A.C. 7:29B.
(d) 
All departments and agencies of Township shall carry out their programs according to law and shall cooperate with the Health Officer in the implementation and enforcement of provisions of this Article.
(e) 
All departments charged with new projects or changes to existing projects that may result in noise shall consult with the Health Officer prior to the approval of such projects to ensure that approval of such activities comply with the provisions of this Article.
(f) 
No building permit shall be issued by the Construction Official for any structure or any ancillary construction requiring outside sound-producing stationary sources (including but not limited to engines, generators, motors, pumps, heating units, incinerators and air-conditioning equipment), when the structure and/or sound-producing stationary source or sources are located on any residential property; in any of the Township residential zones; in an area abutting a residential zone which permits occupancy by any public service facility, community service facility, commercial facility and/or industrial facility; or until a manufacturer's sound emission and related specifications, such as physical size, of the potentially offending stationary source as well as the location (Q-factor) of the source with respect to the structure and distances to residential property lines have been reviewed and it has been determined by the Township Health Officer that the proposed installation will not be in violation of this Article based upon the following proofs: The applicant for a building permit shall furnish the Health Officer with manufacturer's specifications and either a site plan, survey or hand drawing satisfactory to the Health Officer which locates the installation on the site. The Health Officer may, in his discretion, require the applicant to furnish a certification under oath by a professional engineer that the maximum permissible sound levels set forth in this Article will not be exceeded.
(g) 
If deemed necessary or desirable by any Township official with responsibilities under Subsection (f) hereof or if deemed necessary by the Planning Board or Zoning Board of Adjustment, an applicant shall be required to submit an environmental impact statement pursuant to Section 33-19 of the Township Code, demonstrating the feasibility of compliance with N.J.A.C. 7:29 and all provisions of this Article.
(h) 
Neither issuance of a building permit nor submission of an acceptable environmental impact statement will relieve such person of compliance with all other provisions of this Article.
(i) 
Except as provided elsewhere in this Article, where a violation is found to exist, a written notice from the enforcement officer shall be served upon the person or persons responsible for the correction thereof.
(j) 
The notice shall specify the violation or violations committed, a reasonable period of time, not to exceed 30 days, to correct or abate the violation, the right of the person served to request a hearing and that the notice shall become an order of the enforcement officer in five days after service unless the hearing is requested.
(k) 
Notice may be served personally or by prepaid mailgram or by mail with postage prepaid, addressed to the last known address of the person to be served. In the case of an occupant, notice may be posted upon the door of his dwelling unit or rooming unit. Where it is ascertained that the owner does not reside on the premises, the last known address shall be the address of the owner as shown in the office of the Tax Collector. If the last known address cannot be ascertained, the notice may be posted on the outside front entrance of the dwelling. The enforcement officer shall file and provide notices to any owner, operator or occupant of any violation at any address other than the last known address provided hereunder if such other address is filed with the enforcement officer personally or by certified mail addressed to the enforcement officer. Service upon an owner, operator or occupant may also be attained by service of any notice upon a member of the family of the owner, operator or occupant. Date of service of the notice shall be determined where service is by mail as the day following the day of mailing for notices to addresses within the Township and as of the fourth day after the day of mailing for notices to addresses outside the Township. Where the day of service would fall upon a Sunday or other day when mail is not ordinarily delivered, then the day of service shall be the next regular delivery day.
(l) 
Within five days of the date of service of a notice, the notice shall constitute a final order unless any person affected by the notice requests a hearing thereon, serves a written request within a five-day period in person or by mail on the enforcement officer. Such request for a hearing shall set forth briefly the grounds or reasons on which the request for a hearing is based and the factual matters contained in the notice of violation which are to be disputed at the hearing. The enforcement officer, upon receipt of the request, shall, within 30 days therefrom and upon five days' notice to the party aggrieved, set the matter down for hearing.
(m) 
At any hearing provided hereunder, the enforcement officers shall be vested with all the powers provided by law to compel the attendance of witnesses and parties in interest by issuance and service of subpoena, to require the production of books, records or other documents at any such hearing which may be pertinent to matters to be determined by him and to enforce any such subpoena or secure any order for the enforcement of any such subpoena as provided by law. Determination shall be made within 10 days from the completion of the hearing. The enforcement officer shall issue an order either incorporating the determination and directions contained in the notice, modifying the same or withdrawing the notice.
(n) 
The enforcement officer may extend the time for correction or abatement of the violation for an additional period of time not to exceed 30 days, except where a major capital improvement or renovations are involved, in which instance the time for completion may be extended for a period not to exceed 90 days beyond the expiration date of the original notice.
(o) 
Where the violation or conditions existing on the premises are of such a nature as to constitute an immediate threat to life and limb unless abated without delay, the enforcement officer may either abate the violation or condition immediately or order the owner, operator or occupant to correct the violation or condition within a period of time not to exceed three days, and, upon failure to do so, the enforcement officer shall abate the condition immediately thereafter.
(p) 
Where abatement of a violation or condition is required hereunder, the enforcement officer shall cause to be certified to the owner of the premises the cost thereof, and the owner may request a hearing on the reasonableness of such cost as provided in this chapter. After such hearing, a final determination shall be made as to the reasonable cost of abatement which determination shall be certified to the Tax Collector and shall become a lien on the property and be collected by the same procedure as real property taxes.
(q) 
Any violation of any ordinance other than this Code discovered by an inspector shall be reported to the enforcement officer.
(r) 
Notwithstanding the requirements of this Article in relation to the procedure of violation and notice, sections dealing with imminent danger to health, safety and welfare of occupants may be prosecuted without notice by the filing of a complaint by the enforcement officer in the municipal court. Where the enforcement officer shall determine that there was a violation and a notice was served, whether or not such violation was abated proper to the issuance of an order, if thereafter within the space of one year there shall be a second violation of the same provision of this Code discovered on the same premises, the offender may be prosecuted on the second violation without the enforcement officer first giving notice and opportunity for a hearing to the owner, operator or occupant by the filing of a complaint by the enforcement officer in the municipal court.
(s) 
For the purpose of enforcement of this Article, the service of notice of an owner, whether or not the owner is also the operator, shall constitute notice of violations set forth therein until such violations are abated in conformity with this Article and the other applicable ordinances of the Township.
[ Ord. No. 3152, 6-21-1988, § 3.]
(a) 
Upon conviction in the municipal court for violating any order of the enforcement officer issued pursuant to and in accordance with the provisions of this Article or of a violation of any provision of this Article where notice and opportunity for hearing before the enforcement officer is not required hereunder, then such person shall be punished by a fine not exceeding $200 for each violation committed hereunder.
(b) 
Each section and subsection of this Article shall constitute a separate and distinct violation independent of any other section or subsection or any order issued pursuant to this Article. Each day's failure to comply with any such section or subsection shall constitute a separate violation.
(c) 
Where an owner, operator or occupant has been convicted of a violation of this Article and within 12 months thereafter has been found by the Magistrate of the Municipal Court to be guilty of a second violation, the Court may, if it finds that the second offense was willful and inexcusable, sentence the offender, in addition to or in lieu of the fine set forth, to imprisonment in the county jail for a period not to exceed 90 days.
(d) 
Where the defendant is other than a natural period or persons, the foregoing penalties shall also apply to any agent, superintendent, officer, member or partner who shall alone or with others have charge, care or control of the premises.
[Ord. No. 3152, 6-21-1988, § 3.]