[HISTORY: Adopted by the Township Committee of the Township
of Mendham 3-28-2022 by Ord. No. 3-2022.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 229,
Noise, adopted as Sec. 3-2 of the 1998 Revised General Ordinances,
as amended.
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 meanings
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 other than by 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.
A trained employee designated by the Township of Mendham,
or an employee of a municipal, county or regional health agency (Board)
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 the Township of Mendham. 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 an NCO 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 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:
The vertical boundary that separates one parcel of property
(i.e., lot and block) from another residential or commercial property;
The vertical and horizontal boundaries of a dwelling unit that
is part of a multi-dwelling- unit building; or
On a multi-use 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 multi-use
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.Â
This chapter applies to sound from the following property categories:
B.Â
This chapter applies to sound received at the following property
categories:
C.Â
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.
Exemptions are as follows:
A.Â
Except as provided in §§ 229-8 and 229-9 below, the provisions of this chapter shall not apply to the exceptions listed at N.J.A.C. 7:29-1.5. Note: The exemption for "agriculture" applies only to traditional agricultural activities, e.g., the operation of farm equipment in the nature of tractors, planters, and harvesters to cultivate the soil, produce crops and raise livestock. The "Guidelines for the Investigation of Noise Complaints" promulgated by the State of New Jersey shall be applicable in the adjudication of any issued violations.
B.Â
Sound generated in the performance of any public or governmental
function by persons authorized to perform such functions (governmental
assemblies, sanctioned public events, parades, etc.).
C.Â
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.
E.Â
Emergency standby generators during times of testing and when acting
to supply power.
A.Â
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.Â
Noise Control Officers may cooperate with NCOs of an adjacent municipality
in enforcing one another's municipal noise ordinances.
A.Â
Sound measurements made by a Noise Control Officer shall conform to the procedures set forth at N.J.A.C. 7:29-2 et seq., except that interior sound level measurements shall also conform with the procedures set forth in § 229-5B of this chapter and with the definition of "real property line" as contained herein.
B.Â
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.Â
No person shall cause, suffer, allow, or permit the operation of any source of sound on any source property listed in § 229-2A above in such a manner as to create a sound level that equals or exceeds the sound level limits set forth in Table I or II[1] when measured at or within the real property line of any of the receiving properties listed in Table I or II or except as specified in § 229-6B.
[1]
Editor's Note: Tables I and II are included as attachments
to this chapter.
B.Â
When measuring total sound or residual sound within a multi-use property,
or within a 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.Â
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 a multi-use property (e.g., sound generated within a commercial
unit of a multi-use property building and received within a 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 a multi-dwelling-unit building. The allowable sound level standards
for indoors are as shown in Tables I and II.
D.Â
Impulsive sound. Impulsive sound shall not equal or exceed 80 decibels
at all times.
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 Tables I and II[1] when measured within the residence of a complainant according to the measurement protocol in § 229-5B of this chapter. These sound level measurements shall be conducted with the sound level meter set for "C" weighting, "fast" response.
[1]
Editor's Note: Tables I and II are included as attachments
to this chapter.
The following standards shall apply to the activities or sources
of sound set forth below:
A.Â
Excluding emergency work, 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 7:00 p.m. and
7:00 a.m., unless such activities can meet the applicable limits set
forth in Tables I and II.[1] At all other times, the limits set forth in Tables I and
II do not apply. All motorized equipment used in these activities
shall be operated with a muffler and/or sound reduction device.
[1]
Editor's Note: Tables I and II are included as attachments
to this chapter.
B.Â
Excluding emergency work, 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 7:00 a.m. on weekdays and Saturdays.
No commercial use of power tools, landscaping and/or yard maintenance
equipment shall be permitted on Sundays and federal holidays. At all
other times, the limits set forth in Tables I and II do not apply.
All motorized equipment used in these activities shall be operated
with a muffler and/or sound reduction device.
C.Â
Commercial 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 5:00 p.m. and 8:00 a.m.
on Saturdays. No commercial construction and demolition shall be conducted
on Sundays and federal holidays, unless such activities can meet the
limits set forth in Tables I and II. At all other times, the limits
set forth in Tables I and II do not apply. All motorized equipment
used in construction and demolition activity shall be operated with
a muffler and/or sound reduction device.
D.Â
Motorized snow removal equipment shall be operated with a muffler
and/or a sound reduction device when being used for snow removal.
When motorized snow removal equipment is being used for snow removal,
the limits set forth in Tables I and II do not apply.
E.Â
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. When
interior and exterior burglar alarms of a building or motor vehicle
are activated in this manner, the limits set forth in Tables I and
II do not apply.
F.Â
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.
G.Â
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. Prima facie evidence of a violation
of this section shall include but not be limited to:
(1)Â
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
(2)Â
Vocalizing for 20 minutes intermittently, defined as an average of
two vocalizations or more per minute in that period.
(It is an affirmative defense under this subsection that the
dog or other animal was intentionally provoked to bark or make any
other noise.)
Violations of each subsection of this section shall be considered
purposeful and therefore non-minor violations.
A.Â
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,
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.Â
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.Â
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.Â
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.
A.Â
Violation of any provision of this chapter shall be cause for a notice
of violation (NOV) or a notice of penalty assessment (NOPA) [individually
or collectively the enforcement document(s)] to be issued to the violator
by the Noise Control Officer.
B.Â
Any person who violates any provision of this chapter shall be subject
to a civil penalty for each offense of not more than the maximum penalty
pursuant to N.J.S.A. 40:49-5, which is $2,000 as of September 2021.
If the violation is of a continuing nature, each day during which
it occurs shall constitute an additional, separate, and distinct offense.
C.Â
Upon identification of a violation of this chapter, the Noise Control
Officer 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.Â
If the violation is deemed by the Noise Control Officer to be a minor violation (as defined in § 229-2 of this chapter), a NOV shall be issued to the violator.
(1)Â
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)Â
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 Township of Mendham.
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.Â
If the violation is deemed by the Noise Control Officer or Noise
Control Investigator to be a non-minor violation, the violator shall
be notified that if the violation is not immediately corrected, a
NOPA with a civil penalty of not more than the maximum penalty allowed
pursuant to N.J.S.A. 40:49-5, which is $2,000 as of September 2021,
will be issued. If a non-minor 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.
F.Â
The violator may request, from the Noise Control Officer, 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.Â
The recipient of a NOPA shall be entitled to a hearing in a municipal
court having jurisdiction to contest such action.
H.Â
The Noise Control Officer may seek injunctive relief if the responsible
party does not remediate the violation within the period of time specified
in the NOPA issued.
I.Â
Any claim for a civil penalty may be compromised and settled based
on the following factors:
A.Â
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.
B.Â
If any section, subsection, sentence, clause, or phrase of this chapter
is for any reason found to be unconstitutional or unenforceable, such
decision shall not affect the remaining portion of this chapter.
C.Â
All ordinances of the Township of Mendham which are inconsistent
with the provisions of this chapter are hereby repealed to the extent
of such inconsistency.
D.Â
This chapter shall take effect after final passage and publication
pursuant to law.