[HISTORY: Adopted by the Mayor and Council of the City of
Hoboken 2-16-2011 by Ord. No. Z-84.[1]Amendments noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 145.
[1]
Editor's Note: This ordinance also repealed former Ch. 133,
Noise Control, adopted 6-21-2000 by Ord. No. E-447, as amended.
Whereas excessive sound is a serious hazard to the public health,
welfare, safety and the 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 of,
an environment free from excessive sound;
Now, therefore, it is the policy of the City of Hoboken to prevent
excessive sound that may jeopardize the health, welfare or safety
of the citizens or degrade the quality of life. This chapter shall
apply to the control of sound originating from sources within the
City of Hoboken.
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 of buildings or structures.
The sound level as measured using the "C" weighting network
with a sound level meter meeting the standards set forth in ANSI S1.4-1983
or its successors. The unit of reporting is dB(C). The "C" weighting
network is more sensitive to low frequencies than is the "A" weighting
network.
Any dismantling, destruction or removal of buildings, structures,
or roadways.
The New Jersey Department of Environmental Protection.
Any work or action necessary at the site of an emergency
to restore or deliver essential 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 or a state of emergency declared by a governing agency.
Either a single pressure peak or a single burst (multiple
pressure peaks) that has a duration of less than one second.
A violation that is not the result of the purposeful, reckless
or criminally negligent conduct of the alleged violator; and/or the
activity or condition constituting the violation has not been the
subject of an enforcement action by any authorized local, county or
state enforcement agency against the violator within the immediately
preceding 12 months for the same or substantially similar violation.
Any vehicle that is propelled by other than human or animal
power on land.
A properly functioning sound dissipative device or system
for abating the sound on engines or 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 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, below or otherwise
adjacent to.
An employee of a municipality, county or regional health
commission that has a Department-approved model noise control ordinance,
and the employee has not received noise enforcement training as specified
by the Department in N.J.A.C. 7:29. However, he or she is knowledgeable
about his or her model noise ordinance and enforcement procedures.
A Noise Control Investigator may only enforce sections of this chapter
that do not require the use of a sound level meter. The employee must
be acting within his or her designated jurisdiction and must be authorized
to issue a summons. For purposes of City of Hoboken municipal enforcement,
the following officers and agents of the City shall have the power
and authority to enforce this chapter: Building Code Official(s),
Zoning Officer, Health Officer(s), Environmental Health Specialist(s),
Public Health Nuisance Investigator(s), the Hoboken Police Department
and the Office of Emergency Management.
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 an employee of a municipality with a Department-approved model
noise control ordinance. All NCOs must receive noise enforcement training
as specified by the Department in N.J.A.C. 7:29 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.
Any sound that can be detected by a NCO or NCI using his
or her unaided hearing faculties of normal acuity. As an example,
if the sound source under investigation is a portable or vehicular
sound amplification or reproduction device, the detection of the rhythmic
bass component of the music is sufficient to verify plainly audible
sound. The NCO or NCI 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 (a) the vertical boundary that separates one parcel
of property (i.e., lot and block) from another residential or commercial
property; (b) the vertical and horizontal boundaries of a dwelling
unit that is part of a multidwelling-unit building; or (c) on a multiuse
property as defined herein, the vertical or horizontal boundaries
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, or if there is an outdoor sound source
such as an HVAC unit on the same parcel of property, the boundary
line is the exterior wall of the receiving unit). Note: This definition
shall not apply to a commercial source and a commercial receptor which
are both located on the same parcel of property (e.g., a strip mall).
Any device whose primary function is the production of sound,
including, but not limited to, any musical instrument, loudspeaker,
radio, television, digital or analog music player, public address
system or sound-amplifying equipment.
Any device, such as a muffler, baffle, shroud, jacket, enclosure,
isolator or dampener, provided by the manufacturer with the equipment
or that is otherwise required that mitigates the sound emissions of
the equipment.
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 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. 7:29-1.4, except that the testing of the
electromechanical functioning of a stationary emergency signaling
device shall not meet or exceed 10 seconds.
B.
Sound production devices required or sanctioned under the Americans
with Disabilities Act (ADA),[1] FEMA or other government agencies to the extent that they
comply with the noise requirement of the enabling legislation or regulation.
Devices which are exempted under N.J.A.C. 7:29-1.5 shall continue
to be exempted.
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
C.
Construction and demolition activities are exempt from the sound level limits set forth in Tables I and II and III, except as provided for in § 133-9 below.
D.
Municipal
services, including, but not limited to, waste collection, snow removal,
park maintenance, and similar activities conducted by or on behalf
of the City of Hoboken Department of Environmental Services.
[Added 5-19-2021 by Ord. No. B-356]
A.
Noise Control Officers shall have the authority within their designated
jurisdiction to investigate suspected violations of any section of
this chapter and pursue enforcement activities.
B.
Noise Control Investigators shall have the authority within their
designated jurisdiction to investigate suspected violations of any
section of this chapter that do not require the use of a sound level
meter (i.e., plainly audible, times of day and/or distance determinations)
and pursue enforcement activities.
C.
Noise Control Officers and Investigators may cooperate with NCOs
and NCIs of an adjacent municipality in enforcing one another's municipal
noise ordinances.
A.
Sound measurements made by a Noise Control Officer shall conform to the procedures set forth at N.J.A.C. 7:29-2, except that interior sound level measurements shall also conform with the procedures set forth in § 133-6B of this chapter and with the definition of "real property line" as contained herein.
B.
When conducting indoor sound level measurements across a real property
line, the measurements shall be taken at least three feet from any
wall, floor or ceiling and all exterior doors and windows may, at
the discretion of the investigator, be closed. The neighborhood residual
sound level shall be measured in accordance with N.J.A.C. 7:29-2.9(b)2.
When measuring total sound level, the configuration of the windows
and doors shall be the same and 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.
A.
No person shall cause, suffer, allow or permit the operation of any source of sound on any source property listed in § 133-3A above in such a manner as to create a sound level that equals or exceeds the sound level limits set forth in Tables I, II or III when measured at or within the real property line of any of the receiving properties listed in Tables I, II or III, except as specified in § 133-6B.
B.
Impulsive sound. 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 continuous sound
and shall meet the requirements as shown in Tables I and II.
|
Table I
Maximum Permissible A-Weighted Sound Levels When Measured
Outdoors
| |||
|---|---|---|---|
|
Receiving Property Category
|
Residential property or residential portion of a multiuse
property
|
Commercial facility, public service facility, nonresidential
portion of a multiuse property or community service facility
| |
|
Time
|
7:00 a.m. to 10:00 p.m.
|
10:00 p.m. to 7:00 a.m.
|
24 hours
|
|
Maximum A-Weighted Sound Level Standard
(dB)
|
65
|
50
|
65
|
|
Table II
Maximum Permissible A-Weighted Sound Levels When Measured
Indoors
| |||
|---|---|---|---|
|
Receiving Property Category
|
Residential property or residential portion of a multiuse
property
|
Commercial facility, or nonresidential portion of a multiuse
property
| |
|
Time
|
7:00 a.m. to 10:00 p.m.
|
10:00 p.m. to 7:00 a.m.
|
24 hours
|
|
Maximum A-Weighted Sound Level Standard
(dB)
|
55
|
40
|
55
|
|
Note: Table II shall only apply when the source and the receptor
are separated by a real property line and they also share a common
or abutting wall, floor or ceiling or are on the same parcel of property.
|
|
Table III
Maximum Permissible Octave Band Sound Pressure
Levels in Decibels
| ||||||
|---|---|---|---|---|---|---|
|
Receiving Property Category
|
Residential property or residential portion of
a multiuse property
|
Residential property or residential portion of
a multiuse property
|
Commercial facility, public service facility,
nonresidential portion of a multiuse property or community service
facility
|
Commercial facility of nonresidential portion
of a 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. to 10:00 p.m.
|
10:00 p.m. to 7:00 a.m.
|
7:00 a.m. to 10:00 p.m.
|
10:00 p.m. to 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
|
42
|
28
|
53
|
43
|
|
Note: 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.
|
No person shall cause, suffer, allow or permit the operation of any sound production device in such a manner that the sound crosses a property line and raises the total sound levels above the neighborhood residual sound level by more than the permissible sound level limits set forth in Table IV when measured within the residence of a complainant according to the measurement protocol in § 133-6B of this chapter. These sound level measurements shall be conducted with the sound level meter set for "C" weighting, "fast" response.
|
Table IV
| |
|---|---|
|
Maximum Permissible Increase in Total Sound Levels Within
A Residential Property
| |
|
Weeknights 10:00 p.m. to 7:00 a.m.
Weekend nights 11:00 p.m. to 9:00 a.m.
|
All other times
|
|
3 dB(C)
|
6 dB(C)
|
The following standards shall apply to the activities or sources
of sound set forth below:
A.
Power tools, home maintenance tools, landscaping and/or yard maintenance
equipment used by a residential property owner or tenant 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 I, II
or III. At all other times, the limits set forth in Tables I, II or
III do not apply. All motorized equipment used in these activities
shall be operated with a muffler and/or sound reduction device.
B.
Power tools, landscaping and/or yard maintenance equipment used by
nonresidential operators (e.g., commercial operators, public employees)
shall not be operated on a residential, commercial, industrial or
public (e.g., golf course, parks, athletic fields) property between
the hours of 6:00 p.m. and 8:00 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 I, II or III.
At all other times, the limits set forth in Tables I, II or III do
not apply. All motorized equipment used in these activities shall
be operated with a muffler and/or sound reduction device. Emergency
work, as defined in this section, is excluded from the above restrictions.
C.
No construction and demolition activity, excluding emergency work,
shall be performed between the hours of 6:00 p.m. and 8:00 a.m. on
weekdays or at any time during weekends and federal holidays. Work
crews may be on site between 7:00 a.m. and 8:00 a.m. to do preparatory
work, but no motorized equipment, including but not limited to pile
drivers, jackhammers, riveters, stone breakers, cranes, earthmoving
equipment, compressors, saws and cutting equipment, and any other
such equipment that is plainly audible beyond the real property line,
shall be operated before 8:00 a.m. Work may take place after hours
and on weekends only with express authorization from the approving
board and only after a noise mitigation plan has been submitted to
that board. However, any waiver granted by a board must be a condition
of approval to complete the work applied for, and the applicant must
agree to accept the conditions of the grant of the waiver as a condition
of accepting the approval. At all other times, the limits set forth
in Tables I, II or III do not apply. All motorized equipment used
in construction and demolition activity shall be operated with a muffler
and/or sound reduction device.
[Amended 8-2-2017 by Ord.
No. Z-510]
(1)
Upon receipt of a request for a waiver of some or all of the provisions
of this section (where board approval as delineated above is not applicable),
which request shall be outlined in an appropriate resolution for consideration
at a City Council meeting, the Hoboken City Council may waive the
provisions of this section; and
(2)
In determining whether to grant the request for a waiver of the provisions
of this section, the City Council may consider the date and/or time
the waiver is being requested for; the location of the work to be
performed; the character of the area where the work is to be performed;
the nature of the work to be performed; any exigent circumstances;
and any other factors it deems relevant, while considering and balancing
the health, safety, and welfare of the citizens of the City of Hoboken;
and
(3)
The Hoboken City Council may place limitations or requirements on
the waiver as it deems appropriate that the waiver applicant must
agree to accept as a condition of the grant of the waiver.
D.
Alterations or repairs to existing owner-occupied or rental dwellings,
community service facilities or schools may be performed on Saturdays
and Sundays between the hours of 10:00 a.m. and 4:00 p.m., subject
to compliance with Tables I, II and III, as applicable.
E.
Motorized snow removal equipment shall be operated with a muffler
and/or a sound reduction device when being used for snow removal.
At all other times, the limits set forth in Tables I, II or III do
not apply.
F.
All interior and exterior burglar alarms 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 intermittent sound after it has been activated. At
all other times, the limits set forth in Tables I, II or III do not
apply.
G.
Self-contained, portable, nonvehicular music or sound production
devices 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,
operated on a public space or public right-of-way, from such equipment,
shall not be plainly audible at a distance of 25 feet in any direction
from the operator.
H.
All music or other unreasonable noise originating from a sound production
device in connection with the operation of any commercial establishment
or enterprise, when the level of sound attributable to such music
or noise, as measured inside any receiving property dwelling unit
is in excess of measures established in Table IV, shall be prohibited.
I.
It shall be unlawful for any property owner or tenant to allow any
domesticated or caged animal to create a sound across a real property
line which unreasonably disturbs or interferes with the peace, comfort
and repose of any resident or to refuse or intentionally fail to cease
the unreasonable noise when ordered to do so by a Noise Control Officer
or Noise Control Investigator.
(1)
Prima facie evidence of a violation of this section shall include
but not be limited to:
(a)
Vocalizing (howling, yelping, barking, squawking etc.) for five
minutes without interruption, defined as an average of four or more
vocalizations per minute in that period; or
(b)
Vocalizing for 20 minutes intermittently, defined as an average
of two vocalizations or more per minute in that period.
(2)
It is an affirmative defense under this subsection that the dog or
other animal was intentionally provoked to bark or make any other
noise.
A.
No person shall remove or render inoperative, or cause to be removed
or rendered inoperative or less effective than originally equipped,
other than for the purposes of maintenance, repair or replacement,
of any device or element of design incorporated in any motor vehicle
for the purpose of noise control. No person shall operate a motor
vehicle or motorcycle which has been so modified. A vehicle not meeting
these requirements shall be deemed in violation of this provision
if it is operated stationary or in motion in any public space or public
right-of-way.
B.
No motorcycle shall be operated stationary or in motion unless it
has a muffler that complies with and is labeled in accordance with
the federal noise regulations under 40 CFR Part 205.
C.
Personal or commercial vehicular music amplification or reproduction
equipment shall not be operated in such a manner that it is plainly
audible at a distance of 25 feet in any direction from the operator
between the hours of 10:00 p.m. and 8:00 a.m.
D.
Personal or commercial vehicular music amplification or reproduction
equipment shall not be operated in such a manner that is 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. Ice cream and other food vending
trucks, while in residential neighborhoods, are prohibited from the
playing of jingles while stationary. Jingles may only be played when
the vehicle is in motion.
E.
Commercial vehicles shall not be permitted to idle for more than
three minutes in any residential district.
F.
The use of vehicle horns shall not be permitted except as a warning
in situations of imminent danger.
A.
Violation of any provision of this chapter shall be cause for a notice
of violation (NOV) or a notice of penalty assessment (NOPA) document
to be issued to the violator by the Noise Control Officer or Noise
Control Investigator.
B.
Any person who violates any provision of this chapter shall be subject
to a civil penalty for each offense of not more than $2,000. If the
violation is of a continuing nature, each day during which it occurs
shall constitute an additional separate and distinct offense.
[Amended 4-16-2014 by Ord. No. Z-281]
C.
Upon identification of a violation of this chapter, the Noise Control
Officer or Noise Control Investigator shall issue an enforcement document
to the violator. The enforcement document shall identify the condition
or activity that constitutes the violation and the specific provision
of this chapter that has been violated. It shall also indicate whether
the violator has a period of time to correct the violation before
a penalty is sought.
D.
If the violation is deemed by the Noise Control Officer or Noise Control Investigator to be a minor violation (as defined in § 133-2 of this chapter), a NOV shall be issued to the violator.
(1)
The document shall indicate that the purpose of the NOV is intended
to serve as a notice to warn the responsible party/violator of the
violation conditions in order to provide him or her with an opportunity
to voluntarily investigate the matter and voluntarily take corrective
action to address the identified violation.
(2)
The NOV shall identify the time period (up to 90 days), pursuant
to the Grace Period Law, N.J.S.A. 13:1D-125 et seq., where the responsible
party's/violator's voluntary action can prevent a formal enforcement
action with penalties issued by the City of Hoboken or the Hudson
Regional Health Commission. It shall be noted that the NOV does not
constitute a formal enforcement action, a final agency action or a
final legal determination that a violation has occurred. Therefore,
the NOV may not be appealed or contested.
E.
If the violation is deemed by the Noise Control Officer or Noise
Control Investigator to be a nonminor violation, the violator shall
be notified that if the violation is not immediately corrected, a
NOPA with a civil penalty of no more than $2,000 will be issued. If
a nonminor violation is immediately corrected, a NOV without a civil
penalty shall still be issued to document the violation. If the violation
occurs again (within 12 months of the initial violation) a NOPA shall
be issued regardless of whether the violation is immediately corrected
or not.
[Amended 4-16-2014 by Ord. No. Z-281]
F.
The violator may request from the Noise Control Officer or Noise
Control Investigator an extension of the compliance deadline in the
enforcement action. The Noise Control Officer or Noise Control Investigator
shall have the option to approve any reasonable request for an extension
(not to exceed 180 days) if the violator can demonstrate that a good
faith effort has been made to achieve compliance. If an extension
is not granted and the violation continues to exist after the grace
period ends, a NOPA shall be issued.
G.
The recipient of a NOPA shall be entitled to a hearing in a municipal
court having jurisdiction to contest such action.
H.
The Noise Control Officer or Noise Control Investigator may seek
injunctive relief if the responsible party does not remediate the
violation within the period of time specified in the NOPA issued.
I.
Any claim for a civil penalty may be compromised and settled based
on the following factors:
J.
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.
