[HISTORY: Adopted by the Township Committee of the Township
of Ocean as indicated in article histories. Amendments noted where
applicable.]
[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.
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]
Whether a single pressure peak or a single burst (multiple
pressure peaks) that has duration of less than one second.
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.
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 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
A building which is both commercial (usually on the ground floor)
and residential property located above, behind, below or adjacent.
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.
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.
Any street, avenue, boulevard, road, highway, sidewalk, alley
or easement that is owned, leased, or controlled by nongovernment
entity.
Any street, avenue, road, highway, sidewalk, alley or easement
that is owned, leased or controlled by governmental entity.
Any real property or structures thereon that are owned, leased
or controlled by governmental entity.
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.
A.
This article applies to sound from 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 stationary emergency signaling device
shall not meet or exceed 10 seconds, substantially abated.
A.
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.
C.
Noise Control Officers shall have the power to:
(1)
Coordinate the noise-control activities of all departments in the
Township and cooperate with all other public bodies and agencies to
the extent practicable;
(2)
Review the actions of Ocean Township and advise of the effect, if
any, of such actions on noise control;
(3)
Review public and private projects, subject to mandatory review or
approval by other departments or boards, for compliance with this
article;
(4)
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;
(5)
Cooperate with noise control officers of adjacent municipalities
in enforcing one another's municipal noise ordinances.
A.
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.
B.
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.
C.
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.
|
Table 1
Maximum Permissible A-Weighted Sound Levels
| |
|---|---|
|
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 a manner as to create sound level that equals or exceeds the sound levels listed below.
|
|
Outdoors
| ||||
|---|---|---|---|---|
|
Receiving Property Category
|
Residential property, or residential portion
of multiuse property
|
Commercial facility, public service facility,
nonresidential portion of a multiuse property, or community service
facility
| ||
|
Time
|
7:00 a.m. - 10:00 p.m.
|
10:00 p.m - 7:00 a.m.
|
24 hours
| |
|
Maximum A-weighted sound level standard, dB
|
65
|
50
|
65
| |
|
Indoors
| ||||
|---|---|---|---|---|
|
Receiving Property Category
|
Residential property, or residential portion
of multiuse property
|
Commercial facility*, or nonresidential portion
of multiuse
| ||
|
Time
|
7:00 a.m. - 10:00 p.m.
|
10:00 p.m. - 7:00 a.m.
|
24 hours
| |
|
Maximum A-weighted sound level standard, dB
|
55
|
40
|
55
| |
|
NOTE:
| ||
|---|---|---|
|
*
|
In those instances when commercial facility shares
common wall/ceiling/floor with another commercial facility that is
producing the sound.
| |
|
Table 2
Maximum Permissible Octave Band Sound Pressure
Levels in Decibels
| ||
|---|---|---|
|
1.
|
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 pressure level that equals or exceed the sound levels listed below in one or more octave bands.
| |
|
2.
|
When octave measurements are made, the sound from the
source must be constant in level and character. If octave band sound
pressure level variations exceed plus or minus two dB in the bands
containing the principal source frequencies, discontinue the measurement.
| |
|
Residential Property Category
|
Residential property, or residential portion
of multiuse property
|
Residential property, or residential portion
of multiuse property
|
Commercial facility, public service facility,
nonresidential portion of multiuse property, or community service
facility
|
Commercial facility*, or nonresidential portion
of multiuse property
| |||
|---|---|---|---|---|---|---|---|
|
OUTDOORS
|
INDOORS
|
OUTDOORS
|
INDOORS
| ||||
|
Octave Band Center Frequency, Hz
|
Octave Band Sound Pressure Level, dB
|
Octave Band Sound Pressure Level, dB
|
Octave Band Sound Pressure Level, dB
|
Octave Band Sound Pressure Level dB
| |||
|
Time
|
7:00 a.m. - 10:00 p.m.
|
10:00 p.m. - 7:00 a.m.
|
7:00 a.m. - 10:00 p.m.
|
10:00 p.m. - 7:00 a.m.
|
24 hours
|
24 hours
| |
|
31.5
|
96
|
86
|
86
|
76
|
96
|
86
| |
|
63
|
82
|
71
|
72
|
61
|
82
|
72
| |
|
125
|
74
|
61
|
64
|
51
|
74
|
64
| |
|
250
|
67
|
53
|
57
|
43
|
67
|
57
| |
|
500
|
63
|
48
|
53
|
38
|
63
|
53
| |
|
1,000
|
60
|
45
|
50
|
35
|
60
|
50
| |
|
2,000
|
57
|
42
|
47
|
32
|
57
|
47
| |
|
4,000
|
55
|
40
|
45
|
30
|
55
|
45
| |
|
8,000
|
53
|
38
|
43
|
28
|
53
|
43
| |
|
NOTE:
| ||
|---|---|---|
|
*
|
In those instances when commercial facility shares
common wail/ceiling/floor with another commercial facility that is
producing the sound.
| |
D.
Impulsive sound.
(1)
Impulsive sound shall not equal or exceed 80 decibels at all times;
or
(2)
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.
A.
B.
Notwithstanding the provisions of Tables 1 and 2, the following standards
shall apply to the activities or sources of sound set forth below:
(1)
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.
(2)
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.
(3)
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.
(4)
Motorized snow blowers, snow throwers, and lawn equipment with attached
snow plows shall be operated at all times with a muffler.
(5)
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.
(6)
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.
(7)
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.
(8)
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]
A.
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.
B.
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]
C.
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.
D.
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]
A.
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.
B.
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.
C.
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:
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.
A.
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.
B.
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.
