[Ord. #1738]
This chapter may be cited as the "Lyndhurst Noise Control Code."
[Ord. #1738]
Excessive sound and vibration are a serious hazard to the public
health and welfare, safety, and the quality of life. A substantial
body of science and technology exists by which excessive sound and
vibration may be substantially abated. The people have a right to
and should be ensured an environment free from excessive sound and
vibration that may jeopardize their health or welfare or safety or
degrade the quality of life. It is the policy of the Township of Lyndhurst
to prevent excessive sound and vibration which may jeopardize the
health, welfare or safety of its citizens or degrade the quality of
life.
[Ord. #1738]
This chapter shall apply to the control of all sound and vibration
originating within the limits of the Township of Lyndhurst.
[Ord. #1738]
All terminology used in this chapter, not defined below, shall
be in conformance with applicable publications of the American National
Standards Institute (ANSI) or its successor body.
Shall mean the sound pressure level in decibels as measured
on a sound level meter using the A-Weighting network. The level so
read is designated dB(A) or dBA.
Shall mean any site preparation, assembly, erection, substantial
repair, alteration, or similar action, but excluding demolition, for
or of public or private rights-of-way, structures, utilities or similar
property.
Shall mean the twenty-four-hour energy average of the A-weighted
sound pressure levels during the period 10:00 p.m. to 7:00 a.m. the
following day increased by 10 dBA before averaging.
Shall mean a unit for measuring the volume of a sound, equal
to 20 times the logarithm to the base 10 of the ratio of the pressure
of the sound measured to the reference pressure, which is 20 micropascals
(20 micronewtons per square meter).
Shall mean any dismantling, intentional destruction or removal
of structures, utilities, public or private right-of-way surfaces,
or similar property.
Shall mean any occurrence or set of circumstances involving
actual or imminent physical trauma or property damage which demands
immediate action.
Shall mean any work performed for the purpose of preventing
or alleviating the physical trauma or property damage threatened or
caused by an emergency.
Shall mean the constant sound level that, in a given situation
and time period, conveys the same sound energy as the actual time-varying
A-weighted sound. (For the purposes of this chapter, the time period
of 24 hours shall be used, unless otherwise specified).
Shall mean the value specified by the manufacturer as the
recommended maximum loaded weight of a single motor vehicle. In cases
where trailers and tractors are separable, the gross combination weight
rating (GCWR), which is the value specified by the manufacturer as
the recommended maximum loaded weight of the combination vehicle,
shall be used.
Shall mean sound of short duration, usually less than one
second, with an abrupt onset and rapid decay. Examples of sources
of impulsive sound include explosions, drop forge impacts, and the
discharge of fire arms.
Shall mean any vessel which operates on water and which is
propelled by a motor, including but not limited to, boats, barges,
amphibious craft, water ski towing devices and hovercraft.
Shall mean any vehicle for which regulations apply pursuant
to Section 18 of the Federal Noise Control Act of 1972 (P.L. 92-574),
as amended, pertaining to motor carriers engaged in interstate commerce.
Shall mean (as defined in the Motor Vehicle Code of the State)
"any vehicle which is propelled or drawn on land by a motor, such
as, but not limited to, passenger cars, trucks, truck-trailers, semi-trailers,
campers, go-carts, snowmobiles, amphibious craft on land, dune buggies,
or racing vehicles, but not including motorcycles."
Shall mean (as defined in the Motor Vehicle Code of the State)
"an unenclosed motor vehicle having a saddle for the use of the operator
and two or three wheels in contact with the ground, including, but
not limited to, motor scooters, and minibikes."
Shall mean a device for abating the sound of escaping gases
of an internal combustion engine.
Shall mean any sound which annoys or disturbs humans or which
causes or tends to cause an adverse psychological or physiological
effect on humans.
Shall mean the municipal agency or department having lead
responsibility for this chapter. (If no such agency is designated,
the term shall mean the municipal official having lead responsibility
for this chapter.)
Shall mean any sound which (a) endangers or injures the safety
or health of humans or animals; or (b) annoys or disturbs a reasonable
person of normal sensitivities; or (c) endangers or injures personal
or real property.
Shall mean any area designated pursuant to paragraph j of subsection 24-4.2 of this chapter for the purpose of ensuring exceptional quiet.
Shall mean any individual, association, partnership, or corporation,
and includes any officer, employee, department, agency or instrumentality
of a state or any political subdivision of a state or federal agency
not associated with national defense.
Shall mean any self-propelled airborne, waterborne, or landborne
plane, vessel, or vehicle which is not designated to carry persons,
including, but not limited to, any model airplane, boat, car, or rocket.
Shall mean any street, avenue, boulevard, highway, sidewalk
or alley or similar place which is owned or controlled by a governmental
entity.
Shall mean any real property or structures thereon which
are owned or controlled by a governmental entity.
Shall mean any imaginary line along the ground surface, and
its vertical extension, which separates the real property owned by
one person from that owned by another person, but not including intra-building
real property divisions.
Shall mean the square root of the time averaged square of
the sound pressure, denoted Prms.
Shall mean an oscillation in pressure, particle displacement,
particle velocity or other physical parameter, in a medium with internal
forces that causes compression and rarefaction of that medium. The
description of sound may include any characteristic of such sound,
including duration, intensity and frequency.
Shall mean the weighted sound pressure level obtained by
the use of a sound level meter and frequency weighting network, such
as A, B, or C as specified in American National Standards Institute
specifications for sound level matters (ANSI S1.4-1071, or the latest
approved revision thereof.) If the frequency weighting employed is
not indicated, the A-weighting shall apply.
Shall mean an instrument which includes a microphone, amplifier,
RMS detector, integrator or time average, output meter, and weighting
networks used to measure sound pressure levels and meets ANSI S-1-4.
Shall mean the instantaneous difference between the actual
pressure and the average or barometric pressure at a given point in
space, as produced by sound energy.
Shall mean 20 times the logarithm to the base 10 of the ratio
of the RMS sound pressure to the reference pressure of 20 micropascals
(20 x 10-6 N/m2). The sound pressure level is denoted Lp or SPL and is expressed
in decibels.
Shall mean an oscillatory motion of solid bodies of deterministic
or random nature described by displacement, velocity, or acceleration
with respect to a given reference point.
Shall mean any day Monday through Friday which is not a legal
holiday.
[Ord. #1738]
The noise control program established by this chapter shall
be administered by the department of health.
[Ord. #1738]
In order to implement and enforce this chapter and for the general
purpose of sound and vibration abatement and control, the noise control
officer shall have, in addition to any other authority vested in it,
the power to:
a.Â
Studies. Conduct, or cause to be conducted, research, monitoring,
and other studies related to sound and vibration.
b.Â
c.Â
Coordination and Cooperation.
1.Â
Coordinate the noise and vibration control activities of all municipal
departments;
2.Â
Cooperate to the extent practicable with all appropriate state and
federal agencies;
3.Â
Cooperate or combine to the extent practicable with appropriate county
and municipal agencies;
4.Â
Enter into contracts (with the approval of the township) for the
provisions of technical and enforcement services.
d.Â
Review of Actions of Other Departments. Request any other department
or agency responsible for any proposed or final standard, regulation
or similar action to consult on the advisability of revising the action,
if there is reason to believe that the action is not consistent with
this chapter.
e.Â
Review of Public and Private Projects. Review public and private
projects, subject to mandatory review or approval by other departments,
for compliance with this chapter, if such projects are likely to cause
sound or vibration in violation of this chapter.
f.Â
Inspections.
1.Â
Upon presentation of proper credentials, enter and inspect any private
property or place, and inspect any report or records at any reasonable
time when granted permission by the owner, or by some other person
with apparent authority to act for the owner. When permission is refused
or cannot be obtained a search warrant may be obtained from a court
of competent jurisdiction upon showing of probable cause to believe
that a violation of this chapter may exist. Such inspection may include
administration of any necessary tests.
2.Â
Stop any motor vehicle, motorcycle, or motorboat operated on a public
right-of-way, public space, or public waterway reasonably suspected
of violating any provision of this chapter, and issue a notice of
violation or abatement order which may require the motor vehicle,
motorcycle or motorboat to be inspected or tested as the noise control
officer may reasonably require.
g.Â
Records. After a clear violation of the noise ordinance has been
determined by the noise control officer; to require the owner or operator
of any commercial or industrial activity to establish and maintain
records and make such reports as the noise control officer may reasonably
prescribe.
h.Â
Measurements by the Owner or Operator. After a clear violation of
the noise ordinance has been determined by the noise control officer;
to require the owner or operator of any commercial or industrial activity
to measure the sound level of or the vibration from any source in
accordance with the methods and procedures and at such locations and
times as the noise control officer may reasonably prescribe and to
furnish reports of the results of such measurements to the noise control
officer. The noise control officer may require the measurements to
be conducted in the presence of its enforcement officials.
i.Â
Product Performance Standard Recommendations.
1.Â
Develop and recommend for promulgation provisions regulating the
use and operation of any product, including the specification of maximum
allowable sound emission levels of such product.
2.Â
Develop and recommend for promulgation provisions prohibiting the
sale of products which do not meet specified sound emission levels,
where the sound level of the product is not regulated by the United
States Environmental Protection Agency under Section 6 of the Noise
Control Act of 1972.
j.Â
Noise Sensitive Zone Recommendations. Prepare recommendations, to
be approved by the township for the designation of noise sensitive
zones which contain noise sensitive activities.
[Ord. #1738]
In order to implement and enforce this chapter effectively,
the noise control officer shall, within a reasonable time after the
effective date of the chapter:
[Ord. #1738]
No person shall unreasonably make, continue, or cause to be
made or continued, any noise disturbance. Noncommercial public speaking
and public assembly activities, conducted on any public space or public
right-of-way shall be exempt from the operation of this section.
[Ord. #1738; Ord. #2160, § I; Ord. #2211, § I;
Ord. #2416, § I]
The following acts, and the causing thereof, are declared to
be in violation of this chapter:
a.Â
Radios, Television Sets, Musical Instruments and Similar Devices.
Operating, playing or permitting the operation or playing of any radio,
television, phonograph, drum, musical instrument, sound amplifier,
or similar device which produces, reproduces, or amplifies sound so
as to create a noise disturbance across a real property line.
b.Â
Loudspeakers/Public Address Systems. Using or operating for any noncommercial
purpose any loudspeaker, public address system, or similar device
between the hours of 10:00 p.m. and 7:00 a.m. the following day, such
that the sound therefrom creates a noise disturbance across a residential
real property boundary or within a noise sensitive zone.
c.Â
Street Sales. Offering for sale, or selling anything by shouting
or outcry within any residential or commercial area of the township
except between the hours of 9:00 a.m. and 6:00 p.m.
d.Â
Animals and Birds. Owning, possessing or harboring any animal or
bird which frequently or for continued duration, howls, barks, meows,
squawks, or makes other sounds which create a noise disturbance across
a residential real property boundary or within a noise sensitive zone.
e.Â
Loading and Unloading. Loading, unloading, opening, closing or other
handling of boxes, crates, containers, building material, garbage
cans, or similar objects between the hours of 10:00 p.m. and 7:00
a.m. the following day in such a manner as to cause a noise disturbance
across a residential real property boundary or within a noise sensitive
zone. (For the purpose of this subsection apartments in a business
zone are to be considered residential.)
f.Â
Construction and Maintenance. Operating or permitting the operation
of any tools, or equipment used in construction or maintenance, drilling,
commercial street cleaning or commercial lot sweeping, or demolition
work:
1.Â
From June through the end of September between the hours of 7:00
p.m. and 7:00 a.m. the following day on weekdays or at any time on
Sundays or holidays.
2.Â
From October through the end of May between the hours of 7:00 p.m.
and 8:00 a.m. the following day or weekdays or at any time on Sundays
or holidays.
3.Â
During the hours and days not prohibited by paragraphs f1 and 2 above the prohibition shall be such that the sound therefrom creates a noise disturbance across a residential real property boundary or within a noise sensitive zone, except for emergency work of public service utilities or by special variance issued pursuant to subsection 24-6.2.
g.Â
Vehicle or Motorboat Repairs and Testing. Repairing, rebuilding,
modifying, or testing any motor vehicle, motorcycle, or motorboat
in such a manner as to cause a noise disturbance across a residential
real property boundary or within a noise sensitive zone. (For the
purpose of this subsection apartments in a business zone are to be
considered residential.)
h.Â
Places of Public Entertainment. Operating, playing, or permitting
the operation or playing of any radio, television, phonograph, drum,
musical instrument, sound amplifier, or similar device which produces,
reproduces, or amplifies sound in any place of public entertainment
at a sound level greater than 90 dBA as read by the slow response
on a sound level meter at any point that is normally occupied by a
customer, unless a conspicuous and legible sign is located outside
such place, near each public entrance, stating "WARNING: SOUND LEVELS
WITHIN MAY CAUSE PERMANENT HEARING IMPAIRMENT."
i.Â
Explosives, Firearms, and Similar Devices. The use or firing of explosives, firearms, or similar devices which create impulsive sound so as to cause a noise disturbance across a real property boundary or on a public space or right-of-way, without first obtaining a special variance issued pursuant to subsection 24-6.2. Nothing in this section shall apply to game hunting activities conducted in accordance with New Jersey Fish and Game Laws.
j.Â
Powered Model Vehicles. Operating or permitting the operation of powered model vehicles so as to create a noise disturbance across a residential real property boundary, in a public space or within a noise sensitive zone between the hours of 8:00 p.m. and 8:00 a.m. the following day. Maximum sound levels for residential property and noise sensitive zones, during the permitted period of operation, shall be governed by subsection 24-7.1 and subsection 24-5.21 respectively.
k.Â
Vibration. Operating or permitting the operation of any device that
creates vibration which is above the vibration perception threshold
of an individual at or beyond the property boundary of the source
if on private property, or at 15 meters from the source if on a public
space or public right-of-way. For the purposes of this section, "vibration
perception threshold" means the minimum ground-or structure-borne
vibrational motion necessary to cause a municipal investigator to
be aware of the vibration by such direct means as, but not limited
to, sensation by touch or visual observation of moving objects.
l.Â
Noise Sensitive Zones.
1.Â
Creating or causing the creation of any sound within any noise sensitive zone designated pursuant to paragraph j of subsection 24-4.2, so as to disrupt the activities normally conducted within the zone, provided that conspicuous signs are displayed indicating the presence of the zone; or
2.Â
Creating or causing the creation of any sound within any noise sensitive zone, designated pursuant to paragraph j of subsection 24-4.2, containing a hospital, nursing home, or similar activity, so as to interfere with the functions of such activity or disturb or annoy the patients in the activity, provided that conspicuous signs are displayed indicating the presence of the zone.
m.Â
Domestic Power Tools. Operating or permitting the operation of any
mechanically powered saw, drill, sander, grinder, lawn or garden tool,
snowblower, or similar device used outdoors in residential areas between
the hours of 10:00 p.m. and 7:00 a.m. the following day so as to cause
a noise disturbance across a residential real property boundary.
n.Â
Tampering. The following acts or causing thereof are prohibited:
the removal or rendering inoperative by any person other than for
purposes of maintenance, repair, or replacement, of any noise control
device or element of design or noise label of any product. The noise
control officer may, by regulation, list those acts which constitute
violation of this provision.
o.Â
Noise from Automobile Radios and/or Sound Systems.
1.Â
Operating, playing or permitting the operation or playing of any
radio, phonograph, portable stereo device, tape recorder, sound amplifier,
or similar device which produces, reproduces, or amplifies sound in
such a manner as to create unnecessary noise or a noise disturbance
for any person outside of the vehicle other than the operator of the
device.
2.Â
Any person who is convicted of violation of paragraph l1 of this
subsection shall be fined $150 for a first offense, $300 for a second
offense and $500 for the third and subsequent offenses.
[Ord. #1738]
The provisions of this chapter shall not apply to (a) the emission
of sound for the purpose of alerting persons to the existence of an
emergency, or (b) the emission of sound in the performance of emergency
work.
[Ord. #1738]
b.Â
Any person seeking a special variance pursuant to this section shall
file an application with the noise control officer. The application
shall contain information which demonstrates that bringing the source
of sound or activity for which the special variance is sought into
compliance with this chapter would constitute an unreasonable hardship
on the applicant, on the community, or on other persons. Notice of
an application for a special variance shall be published at least
once in the official newspaper of the township. Any individual who
claims to be adversely affected by allowance of the special variance
may file a statement with the noise control officer containing information
to support his claim. If the noise control officer finds that a sufficient
controversy exists regarding an application, a public hearing may
be held.
c.Â
In determining whether to grant or deny the application, the noise
control officer shall balance the hardship to the applicant, community,
and other persons of not granting the special variance against the
adverse impact on the health, safety, and welfare of persons affected,
and the adverse impact on property affected, and any other adverse
impacts of granting the special variance. Applicants for special variances
and persons contesting special variances may be required to submit
any information the noise control officer may reasonably require.
In granting or denying an application the noise control officer shall
place on public file a copy of the decision and the reasons for denying
or granting the special variance.
d.Â
Special variances shall be granted by notice to the applicant containing
all necessary conditions, including a time limit on the permitted
activity. The special variance shall not become effective until all
conditions are agreed to by the applicant. Noncompliance with any
condition of the special variance shall terminate it and subject the
person holding it to those provisions of this chapter regulating the
source of sound or activity for which the special variance was granted.
e.Â
Application for extension of time limits specified in special variances
or for modification of other substantial conditions shall be treated
like applications for initial special variances under paragraph b
of this subsection.
f.Â
The noise control officer may issue guidelines defining the procedures
to be followed in applying for a special variance and the criteria
to be considered in deciding whether to grant a special variance.
[Ord. #1738]
a.Â
Within 30 days following the effective date of this chapter, the owner of any commercial or industrial source of sound may apply to the noise control officer for a variance in time to comply with subsection 24-5.2k, Vibration, or Section 24-7. The noise control officer shall have the authority, consistent with this section, to grant a variance, not to exceed 120 days from the effective date of this chapter.
b.Â
Any person seeking a variance in time to comply shall file an application
with the noise control officer. The application shall contain information
which demonstrates that bringing the source of sound or activity for
which the variance is sought into compliance with this chapter prior
to the date requested in the application would constitute an unreasonable
hardship on the applicant, on the community, or on other persons.
Notice of an application for a variance in time to comply shall be
published at least once in the official newspaper of the township.
Any individual who claims to be adversely affected by allowance of
the variance in time to comply may file a statement with the noise
control officer containing any information to support his claim. If
the noise control officer finds that a sufficient controversy exists
regarding an application, a public hearing may be held.
c.Â
In determining whether to grant or deny the application, the noise
control officer shall balance the hardship to the applicant, the community,
and other persons of not granting the variance in time to comply against
the adverse impact on health, safety, and welfare of persons affected,
the adverse impact on property affected, and any other adverse impacts
of granting the variance. Applications for variances in time to comply
and persons contesting variances may be required to submit any information
the noise control officer may reasonably require. In granting or denying
an application, the noise control officer shall place on public file
a copy of the decision and the reasons for denying or granting the
variance in time to comply.
d.Â
Variances in time to comply shall be granted to the applicant containing
all necessary conditions, including a schedule for achieving compliance.
The variance in time to comply shall not become effective until all
conditions are agreed to by the applicant. Noncompliance with any
condition of the variance shall terminate the variance and subject
the person holding it to those provisions of this chapter for which
the variances was granted.
e.Â
Application for extension of time limits specified in variances in
time to comply or for modification or other substantial conditions
shall be treated like applications for initial variances under paragraph
b of this subsection, except that the noise control officer must find
that the need for the extension or modification clearly outweighs
any adverse impacts of granting the extension or modification.
f.Â
The noise control officer may issue guidelines defining the procedures
to be followed in applying for a variance in time to comply and the
criteria to be considered in deciding whether to grant a variance.
[Ord. #1738]
Appeals of an adverse decision of the noise control officer
shall be made to the appropriate court of law. Review of the court
shall be de novo.
[Ord. #1738]
In addition to other prohibitions contained in this chapter
no person shall operate or cause to be operated on private property
any source of sound in such a manner as to create a sound level which
exceeds the limits set forth for the receiving land use category in
Table 1 when measured at or within the property boundary of the receiving
land use.
|
Table 1. Sound Levels by Receiving Land Use
| |||
|---|---|---|---|
|
Receiving Land-Use Category
|
Time
|
Sound Level Limit, dBA
| |
|
1.
|
R-A, R-B, R-C, Public Space
|
7:00 a.m. - 10:00 p.m.
|
65
|
|
2.
|
B-1
|
At all times
|
65
|
|
3.
|
M-1, M-2, C-GI
|
At all times
|
75
|
[Ord. #1738]
The provisions of this section shall not apply to:
a.Â
Activities covered by the following: subsection 24-5.2f, Construction; subsection 24-5.2i, Explosives, Firearms, and Similar Devices; subsection 24-5.2m, Domestic Power Tools; subsection 24-8.4, Standing Motor Vehicles; and subsection 24-8.5, Recreational Motorized Vehicles Operating Off Public Rights-of-Way;
b.Â
The unamplified human voice;
c.Â
Interstate railway locomotives and cars; and
d.Â
All agricultural activities.
[Ord. #1738]
No person shall operate or cause to be operated a public or
private motor vehicle or motorcycle on a public right-of-way at any
time in such a manner that the sound level emitted by the motor vehicle
or motorcycle exceeds the level set forth in Table 2.
|
Table 2. Motor Vehicle and Motorcycles Sound Limits
(Measured at 50 feet or 15 meters)
| |||
|---|---|---|---|
|
Sound Level in dBA
| |||
|
Vehicles Class
|
Speed Limit 35 MPH or Less
|
Speed Limit Over 35 MPH
|
Stationary Run-Up
|
|
Motor carrier vehicle engaged in interstate commerce of GVWR
or GCWR of 10,000 lbs. or more.
|
86
|
90
|
88
|
|
All other motor vehicles of GVWR or GCWR of 10,000 lbs. or more.
|
86
|
90
|
—
|
|
Any motorcycle.
|
82
|
86
|
—
|
|
Any other motor vehicle or any combination of vehicles towed
by any motor vehicle.
|
76
|
82
|
—
|
[Ord. #1738]
a.Â
No person shall operate or cause to be operated any motor vehicle
or motorcycle not equipped with a muffler or other sound dissipative
device in good working order and in constant operation;
b.Â
No person shall remove or render inoperative, or cause to be removed
or rendered inoperative, other than for purposes of maintenance, repair,
or replacement, any muffler or sound dissipative device on a motor
vehicle or motorcycle.
[Ord. #1738]
The following acts and the causing thereof are declared to be
in violation of this chapter:
a.Â
The sounding of any horn or other auditory signaling device on or
in any motor vehicle or motorcycle on any public right-of-way or public
space, except as a warning of danger.
[Ord. #1738]
No persons shall operate or permit the operation of any motor
vehicle with a gross vehicle weight rating (GVWR) in excess of 10,000
pounds, or any auxiliary equipment attached to such a vehicle, for
a period longer than ten minutes in any hour while the vehicle is
stationary, for reasons other than traffic congestion, on a public
right-of-way or public space within 150 feet (46 meters) of a residential
area or designated noise sensitive zone, between the hours of 10:00
p.m. and 7:00 a.m. the following day.
[Ord. #1738]
No person shall operate or cause to be operated any recreational
motorized vehicle off a public right-of-way in such a manner that
the sound level emitted therefrom exceeds the limits set forth in
Table 3 at a distance of 50 feet (15 meters) or more from the path
of the vehicle when operated on private property. This section shall
apply to all recreational motorized vehicles, whether or not duly
licensed and registered, including, but not limited to, commercial
or noncommercial racing vehicles, motorcycles, go-carts, snowmobiles,
amphibious craft, campers, and dune buggies, but not including motorboats.
|
Table 3. Recreational Motorized Vehicle Sound Limits
(Measured by 50 feet or 15 meters)
| |
|---|---|
|
Vehicle Type
|
Sound Level, dBA
|
|
Snowmobile
|
Unit manufactured before 1975; 82 dBA
|
|
Unit manufactured after 1975; 78 dBA
| |
|
Motorcycle
|
Unit manufactured before 1975; 86 dBA
|
|
Unit manufactured after 1975; 84 dBA
| |
|
Any other vehicle
|
Unit manufactured before 1975; 84 dBA
|
|
Unit manufactured after 1975; 80 dBA
| |
[Ord. #1738]
The provisions of the U.S. Environmental Protection Agency,
Rail Carrier Regulations, promulgated January 14, 1976, Title 40.
Part 201, shall apply.
[Ord. #1738]
[Ord. #1738]
a.Â
Except as provided in paragraph b., in lieu of issuing a notice of violation as provided for in subsection 24-10.3, the noise control officer or police officer may issue an order requiring abatement of any source of sound or vibration alleged to be in violation of this chapter within a reasonable time period.
[Ord. #1738]
Except where a person is acting in good faith to comply with an abatement order issued pursuant to paragraph a of subsection 24-10.2, violation of any provision of this chapter shall be cause for a summons to be issued by the noise control officer or police officer. For the purpose of Section 24-5 the noise control officer may issue a summons for a violation based on the allegations of a lay witness.
[Ord. #1738]
a.Â
The noise control officer shall order an immediate halt to any sound
which exposes any person, except those excluded pursuant to paragraph
b, to continuous sound levels in excess of those shown in Table 4
or to impulsive sound levels in excess of those shown in Table 5.
Within two days following issuance of such an order, the noise control
officer shall apply to the appropriate court for an injunction to
replace the order.
b.Â
No order pursuant to paragraph a shall be issued if the only persons
exposed to sound levels in excess of those listed in Tables 4 and
5 are exposed as a result of: (1) trespass; (2) invitation upon private
property by the person causing or permitting the sound; or (3) employment
by the person or a contractor of the person causing or permitting
the sound.
c.Â
Any person subject to an order issued pursuant to paragraph a shall
comply with such order until: (1) the sound is brought into compliance
with the order, as determined by EPO/noise control officer; (2) a
judicial order has superseded the noise control officer order.
d.Â
Any person who violates an order issued pursuant to this section
shall, for each day of violation, be fined not more than $500.
|
Table 4.
Continuous Sound Levels Which Pose an Immediate Threat to Health
and Welfare
(Measured at 50 feet or 15 meters)*
| |
|---|---|
|
Sound Level Limit
(dBA)
|
Duration
|
|
90
|
24 hours
|
|
93
|
12 hours
|
|
96
|
6 hours
|
|
99
|
3 hours
|
|
102
|
1.5 hours
|
|
105
|
45 minutes
|
|
108
|
22 minutes
|
|
*
|
Use equal energy time-intensity trade-off if level varies; find
energy equivalent over 24 hours
|
|
Table 5.
Impulsive Sound Levels Which Pose An Immediate Threat to Health
and Welfare
(Measured at 50 feet or 15 meters)*
| |
|---|---|
|
Sound Level Limit
(dB)
|
Number of Repetitions Per 24 Hour Period
|
|
145
|
1
|
|
135
|
10
|
|
125
|
100
|
|
*
|
Use equal energy time-intensity trade-off if level varies; find
energy equivalent over 24 hours
|
[Ord. #1738]
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.
