[HISTORY: Adopted by the Township Committee of the Township of Ocean as indicated in article histories. Amendments noted where applicable.]
Article I General Regulations
Article II Engine Braking
[Adopted by Ord. No. 1997-18 (§ 5-26 of the 1972 Ocean Codified Ordinances)]
The following words and terms, when used in this article, shall have the following meanings, unless the context clearly indicates otherwise. Terms not defined in this article 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.
- The New Jersey Department of Environmental Protection.
- EMERGENCY WORK
- 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, snow-clearing operatons or abating life-threatening conditions.[Amended 6-27-2013 by Ord. No. 2013-14]
- IMPULSIVE SOUND
- Whether a single pressure peak or a single burst (multiple pressure peaks) that has duration of less than one second.
- MOTOR VEHICLE
- Any vehicle that is propelled other than by human or animal power on land.
- Properly functioning sound-dissipative device or system for abating the sound of escaping gases on equipment where such device is part of the normal configuration of the equipment.
- MULTI-DWELLING UNIT BUILDING
- Any building comprising two or more dwelling units, including, but not limited to, apartments, condominiums, co-ops, multiple-family houses, townhouses, and attached residences.
- MULTIUSE PROPERTY
- Any distinct parcel of land that is used for more than one category of activity. Examples include, but are not limited to:
- A. A commercial, residential, industrial or public service property having boilers, incinerators, elevators, automatic garage doors, air conditioners, laundry room, utility provisions, or health and recreational facilities, or other similar devises or areas, either in the interior or on the exterior of the building, which may be source of elevated sound levels at another category on the same distinct parcel of land; or
- B. A building which is both commercial (usually on the ground floor) and residential property located above, behind, below or adjacent.
- NOISE CONTROL OFFICER
- An employee of: a local, county or regional health agency which is certified pursuant to the County Environmental Health Act (N.J.S.A. 26:3A2-21 et seq.) to perform noise enforcement activities; or a municipality with a department-approved noise control ordinance and the employee has received noise enforcement training and is currently certified in noise enforcement. The employee must be acting within his or her designated jurisdiction and must be authorized to issue a summons in order to be considered Noise Control Officer.
- PLAINLY AUDIBLE
- Any sound that can be detected by a person using his or her unaided hearing facilities. As an example, if the sound source under investigation is portable or personal vehicular sound amplification or reproductive device, the detection of the rhythmic bass component of the music is sufficient to verify plainly audible sound. The Noise Control Officer need not determine the title, specific words, or the artist performing the song.
- PRIVATE RIGHT-OF-WAY
- Any street, avenue, boulevard, road, highway, sidewalk, alley or easement that is owned, leased, or controlled by nongovernment entity.
- PUBLIC RIGHT-OF-WAY
- Any street, avenue, road, highway, sidewalk, alley or easement that is owned, leased or controlled by governmental entity.
- PUBLIC SPACE
- Any real property or structures thereon that are owned, leased or controlled by governmental entity.
- REAL PROPERTY LINE
- Whether: the imaginary line including its vertical extension that separates one parcel of real property from another; the vertical and horizontal boundaries of dwelling unit that is part of multi-dwelling-unit building; or on multiuse property, the interface between the two portions of the property on which different categories of activity are being performed (e.g., if the multiuse 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).
- Any day that is not a federal holiday and beginning on Monday at 7:00 a.m. and ending on the following Friday at 6:00 p.m.
- Beginning on Friday at 6:00 p.m. and ending on the following Monday at 7:00 a.m.
This article applies to sound from the following property categories:
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 stationary emergency signaling device shall not meet or exceed 10 seconds, substantially abated.
The provisions of this article shall be enforced by noise Control Officers. A person shall be qualified to be a Noise Control Officer if the person meets the criteria set forth in the definition in § 245-1 and completes, at frequency specified by the Department in N.J.A.C. 7:29-2.11, noise certification and recertification course which are offered by an accredited university and approved by the Department.
Noise Control Officers shall have the power to:
Coordinate the noise-control activities of all departments in the Township and cooperate with all other public bodies and agencies to the extent practicable;
Review the actions of Ocean Township and advise of the effect, if any, of such actions on noise control;
Review public and private projects, subject to mandatory review or approval by other departments or boards, for compliance with this article;
Investigate and pursue possible violations of this article for sound levels which equal or exceed the sound levels set forth in Tables 1 and 2, when measured at a receiving property located within the designated jurisdiction of the Noise Control Officer, in accordance with § 245-7;
Cooperate with noise control officers of adjacent municipalities in enforcing one another's municipal noise ordinances.
No person shall cause, suffer, allow, or permit the operation of any source of sound on any source property listed in § 245-2A in such manner as to create sound level that equals or exceeds the sound level limits set forth in Tables 1 and 2 when measured at or within the real property line of any of the receiving properties listed in Tables 1 and 2, except as specified in Subsection B of this section.
When measuring total sound or residual sound within multiuse property, or within residential unit when the property line between it and the source property is a common wall, all exterior doors and windows shall be closed and the measurements shall be taken in the center of the room most affected by the noise. Residual sound shall be measured in accordance with N.J.A.C. 7:29-2.9(b)2. When measuring total sound or residual sound, all sound sources within the dwelling unit must be shut off (e.g., television, stereo). Measurements shall not be taken in areas which receive only casual use such as hallways, closets and bathrooms.
Indoor measurements shall only be taken if the sound source is on or within the same property as the receiving property, as in the case of multiuse property (e.g., sound generated within commercial unit or multiuse property building and received within residential unit of the same building) or multi-dwelling-unit building. In addition, indoor measurements shall be taken if the property line between the receiving property and the source property is a common wall, such as in multi-dwelling-unit building. The allowable sound level standards for indoors are as shown in Tables 1 and 2.
Impulsive sound shall not equal or exceed 80 decibels at all times; or
Between 7:00 a.m. and 10:00 p.m., impulsive sound shall not equal or exceed 80 decibels. Between 10:00 p.m. and 7:00 a.m., impulsive sound which occurs less than four times in any hour shall not equal or exceed 80 decibels. Impulsive sound which repeats four or more times in any hour shall be measured as impulsive sound and shall meet the requirements as shown in Table 1.
Except as provided in Subsection B of this section, the provisions of this article shall not apply to the exceptions listed at N.J.A.C. 7:29-1.4.
Notwithstanding the provisions of Tables 1 and 2, the following standards shall apply to the activities or sources of sound set forth below:
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. unless such activities can meet the applicable limits set forth in Tables 1 and 2. All motorized equipment used in these activities shall be operated with a muffler. At all other times, the limits set forth in Tables 1 and 2 do not apply to noncommercial or nonindustrial power tools and landscaping and yard maintenance equipment.
Commercial or industrial power tools and landscaping and yard maintenance equipment, excluding emergency work, shall not be operated on residential property or within 250 feet of 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, unless such activities can meet the limits set forth in Tables 1 and 2. In addition, commercial or industrial power tools and landscaping and yard maintenance equipment, excluding emergency work, utilized on commercial or industrial property shall meet the limits set forth in Tables 1 and 2 between the hours of 10:00 p.m. and 7:00 a.m. All motorized equipment used in these activities shall be operated with muffler. All other times, the limits set forth in Tables 1 and 2 do not apply to commercial or industrial power tools and landscaping and yard maintenance equipment.
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, unless such activities can meet the limits set forth in Tables 1 and 2. All motorized equipment used in construction and demolition activity shall be operated with muffler. At all other times, the limits set forth in Tables 1 and 2 do not apply to construction and demolition activities.
Motorized snow blowers, snow throwers, and lawn equipment with attached snow plows shall be operated at all times with a muffler.
An exterior burglar alarm of a building or motor vehicle must be activated in such 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.
Personal or commercial vehicular music amplification or reproduction equipment shall not be operated in such manner that it is plainly audible at residential property line between the hours of 10:00 p.m. and 8:00 a.m.
Personal vehicular music amplification or reproduction equipment shall not be operated in such manner that it is plainly audible at distance of 50 feet in any direction from the operator between the hours of 8:00 a.m. and 10:00 p.m.
Self-contained, portable, handheld music or sound amplification or reproduction equipment shall not be operated on public space or public right-of-way in such manner as to be plainly audible at 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.
[Added by Ord. No. 2006-19]
Construction noise prohibited. No construction, including site construction or building construction and the operation of vehicles, equipment, machinery, generators, compactors, welders or other power tools or specialized construction or building equipment, shall be operated or activity tolerated which generates noise in violation of any of the standards set forth in this article between the hours of 6:00 p.m. and 7:00 a.m. during the weekdays, Monday through Friday, inclusive, or between the hours of 6:00 p.m. and 8:00 a.m. on Saturdays. No work is permitted on Sundays.
Exceptions. The provisions of this article shall not apply to federal, state or local government employee or public utility employee performing emergency repairs or to other repairs of an emergency nature being conducted in accordance with a specific waiver issued by the construction official of the Township of Ocean. In addition, this chapter shall not apply to golf course maintenance operations performed by or on behalf of any homeowners' association within the zoning district, after 6:00 a.m.
[Amended 6-27-2013 by Ord. No. 2013-14]
Yelling, shouting. 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, or other type of residence or of any persons in the vicinity.
Violation. It is unlawful for any person to violate any provision of this article. Penalties shall be imposed as provided in this Code of the Township of Ocean.
[Amended by Ord. No. 2002-28]
Violation of any provision of this article shall be cause for an enforcement document to be issued to the violator by the Noise Control Officer according to procedures set forth at N.J.A.C. 7:29-1.6. The recipient of an enforcement document shall be entitled to hearing in municipal court having jurisdiction to contest such action.
Any person who violates any provision of this article shall be subject to civil penalty for each offense of not more than $1,250 in accordance with the provisions of N.J.S.A. 40:49-5. If the violation is of continuing nature, each day during which it occurs shall constitute an additional, separate, and distinct offense.
No provision of this article 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 article or from other law.
[Adopted by Ord. No. 2007-22]
It is unlawful for the driver of any motor vehicle to use or operate or cause to be used or operated, at any time and on any road within the Township of Ocean, any mechanical exhaust or decompression device which results in the practice known as "engine braking."
As used in this article, the following terms shall have the meanings indicated:
- ENGINE BRAKING
- The use or operation of any mechanical exhaust device designed to aid in the breaking, decompression or deceleration of a motor vehicle, which results in the excessive, loud, unusual or explosive noise from such vehicle in excess of state or federal noise standards for said vehicles.
The provisions of this article shall not apply to the application of unmuffled compression brakes where necessary for the protection of persons and/or property, which cannot be avoided by application of an alternative braking system. Noise caused by the application of engine compression brakes, otherwise known as "engine braking," which is effectively muffled, or if the application is necessary for the health, safety and welfare of the community, shall be exempt from the provisions of this article.
Sounds created by emergency equipment for emergency purposes shall also be exempt.
The Township is authorized to post, at reasonable locations with the Township, signs indicating the prohibition of engine braking.