[HISTORY: Adopted by the Township Committee of the Township
of Morris 3-11-1987 by Ord. No. 10-87; amended in its entirety 3-5-2003 by Ord. No.
7-03 (Ch. 60 of the 1969 Code). Subsequent amendments
noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 370.
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 shall have the same meanings
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
or abating life-threatening conditions.
Either a single pressure peak or a single burst (multiple
pressure peaks) that has a duration of less than one second.
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 of escaping gases on equipment where such a
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, 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 a noise control officer.
Sound constant in level and character, measured in decibels
with a sound-level meter.
Any sound that can be detected by a person using his or her
unaided hearing faculties. As an example, if the sound source under
investigation is a portable or personal 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.
Either an imaginary line, including its vertical extension,
that separates one piece of real property from another; the vertical
and horizontal boundaries of a dwelling unit building; or, on a multi-use
property, the interface 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).
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:
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 electromechanical
functioning of a stationary emergency signaling device shall not meet
or exceed 10 seconds.
A.
Whereas excessive sound is a serious hazard to 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 Township of Morris to prevent excessive sound that
may jeopardize the health, welfare or safety of the citizens or degrade
the quality of life.
B.
This chapter shall apply to the control of sound from nonhuman sources
within the Township of Morris.
A.
The provisions of this chapter shall be enforced by noise control
officers. A noise control officer is a person who meets the criteria
set forth in the definition above and completes, at the frequency
specified by the Department in N.J.A.C. 7:29-2.11, a noise certification
and recertification course given by the Department of Environmental
Sciences of Cook College, Rutgers, the State University of New Jersey,
or any other noise certification or recertification course which is
offered by an accredited university and approved by the Department.
The Health Officer is to be recognized as the noise control officer
unless specified otherwise by the Mayor and Township Committee.
B.
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 § 345-5B and C of this chapter and with the definition of "real property line" as contained herein.
C.
A noise control officer shall have the power to:
(1)
Coordinate the noise control activities of all departments in the
Township of Morris and cooperate with all other public bodies and
agencies to the extent practicable.
(2)
Review the actions of the Township of Morris 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
chapter.
(4)
Investigate and pursue possible violations of this chapter for sound levels which equal or exceed the sound levels set forth in Tables I and II, when measured at a receiving property located within the designated jurisdiction of the noise control officer, in accordance with § 345-7.[1]
[1]
Editor's Note: Tables I and II are included as attachments to this chapter.
(5)
Cooperate with NCOs 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 as listed in § 345-2A above in such a manner as to create a sound level that equals or exceeds the sound-level limits set forth in Tables I and II, except as specified in Subsection B below.[1]
[1]
Editor's Note: Tables I and II are included as attachments to this chapter.
B.
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 measurement 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 a multi-use property (e.g., sound generated within a commercial
unit of a multi-use property 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.[2]
[2]
Editor's Note: Tables I and II are included as attachments to this chapter.
D.
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 shown in Table I.
A.
B.
Notwithstanding the provisions of Tables I and II, the following
standards shall apply to the activities or sources of sound set forth
below:
(1)
Noncommercial properties. Bulldozers, backhoes, dump trucks, rollers,
pavers, track hoes, lift equipment, and the like (hereinafter "heavy
equipment"), excluding emergency work, power tools, landscaping and
yard maintenance equipment shall not be operated on noncommercial
property between the hours of 8:00 p.m. or sunset, whichever is later,
and 7:00 a.m., weekdays, and 6:00 p.m. to 7:00 a.m., weekends, unless
such activities can meet applicable limits set forth in Tables I and
II. All motorized equipment used in these activities shall be operated
with a muffler. At all other times, the limits set forth in Tables
I and II do not apply to such heavy equipment, power tools and landscaping
and yard maintenance.
(2)
Commercial-industrial properties. Heavy equipment, power tools, landscaping
and yard maintenance equipment, excluding emergency work, utilized
on commercial or industrial property shall not be operating between
the hours of 10:00 p.m. and 7:00 a.m., unless such activity can meet
the applicable limits set forth in Tables I and II. All motorized
equipment used in these activities shall be operated with a muffler.
At all other times, the limits set forth in Tables I and II do not
apply to such heavy equipment and power tools or to landscaping and
yard maintenance equipment. Notwithstanding the foregoing, except
in the case of emergency work, the operation of heavy equipment, power
tools and landscaping and yard maintenance equipment on commercial
or industrial properties after 6:00 p.m. on Saturday until 7:00 a.m.
Monday morning is prohibited, unless the limits set forth in Tables
I and II are observed and complied with.
(3)
Construction and demolition activity, excluding emergency work, shall
not be performed between the hours of 8:00 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 I and II. All motorized equipment used in construction and
demolition activity shall be operated with a muffler. At all other
times, the limits set forth in Tables I and II do not apply to construction
and demolition activities.
(4)
Motorized snowblowers, snowthrowers and lawn equipment with attached
snowplows shall be operated at all times with a muffler. At all times,
the limits set forth in Tables I and II do not apply.
(5)
An exterior burglar alarm 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
impulsive sound after it has been activated. At all times, the limits
set forth in Tables I and II do apply.
(6)
Personal or commercial vehicular music amplification equipment shall
not be operated in such a manner that it is plainly audible at a residential
property line between the hours of 10:00 p.m. and 8:00 a.m.
(7)
Personal vehicular music amplification equipment shall not be operated
in such a manner as to be plainly audible at a distance of 50 feet
in any direction from the operator at any time.
(8)
Self-contained, portable, handheld music or sound-amplification or
reproduction equipment 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 from such equipment shall not be plainly audible
by any person other than the operator.
(10)
No person shall own, possess or harbor any pet animal that frequently
or for continued duration makes sounds that create a noise disturbance
across a residential property line. For the purposes of this provision,
a "noise disturbance from a pet animal" shall be defined as that created
by a pet animal making noise continually for 10 minutes or intermittently
for 30 minutes, unless provoked. At all times, the limits set forth
in Tables I and II do not apply.
A.
Violation of any provision of this chapter 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. 7:29-1.7. The
recipient of an enforcement document shall be entitled to a hearing
in a municipal court having jurisdiction to contest such action.
B.
Any person who violates any provision of this chapter shall be subject
to a civil penalty for each offense of not more than $3,000. If the
violation is of a continuing nature, each day during which it occurs
shall constitute an additional, separate and distinct offense.
C.
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.
Approval by the Township Committee of the Township of Morris
of a special event, such as a carnival, fair, block party or the like,
shall be deemed to confer an exemption from the strict requirements
of this chapter. The Township Committee reserves the right, upon short
notice, to withdraw the exemption conferred in this section.
