[Ord. No. BH-2-78 § 1]
This chapter shall be known and cited as the "Noise Control
Ordinance of the Township of Chatham."
[Ord. No. BH-2-78 § 3]
For purposes of this chapter the following words or terms shall
have the meanings set forth in this section. All terminology not defined
in this section shall have the meaning ascribed in applicable publications
of the American National Standards Institute (ANSI) or its successor
body.
Shall mean any site preparation, excavation, grading, assembly,
erection, paving, substantial repair, alteration or similar action,
but excluding demolition, for or of any structures, utilities, public
or private rights-of-way or other property.
Shall mean any dismantling, intentional destruction or removal
of structures, utilities, public or private rights-of-way or other
property.
Shall mean any vehicle (except an interstate commercial carrier)
which is propelled or drawn on land by a motor, such as, but not limited
to, passenger cars, trucks, truck-trailers, semi-trailers, campers,
tractors, motorcycles, motor scooters, minibikes, go-carts, mopeds,
snowmobiles, amphibious craft on land, dune buggies or racing vehicles.
Shall mean any sound which annoys or disturbs humans or which
causes or tends to cause an adverse psychological physiological effect
on humans.
Shall mean any sound which (a) endangers or injures the safety
or health of humans or animals, or (b) annoys or disturbs the comfort
or repose of a reasonable person of normal sensitivities.
Shall mean any property devoted to one or more of the following
uses: school, church, library open to the public, hospital, nursing
home, professional practice, or public or private offices.
Shall mean any individual, association, partnership or corporation,
and 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 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 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 or 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 meters (ANSI SI.4-1971, 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 averager, 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.
[Ord. No. BH-2-78 § 3]
No person shall within the Township of Chatham unreasonably
make, continue, or cause to be made or continued, any noise disturbance
across a residential real property boundary or within a noise sensitive
zone.
[Ord. No. BH-2-78 § 3]
Without in any way limiting or affecting the provisions of subsection BH4-3.1, the following acts, and the causing thereof, are specifically declared to be in violation of this section:
a.
Noises Associated with Motor Vehicles.
1.
Horns. The sounding of any horn or warning device on any motor vehicle
except when required by law, or when necessary to give timely warnings
of the approach of the motor vehicle or as a warning of impending
danger to persons driving other motor vehicles or to persons upon
a street. The sounding of any horn or warning device on any motor
vehicle which emits an unreasonably loud or harsh sound. The sounding
of any horn or warning device on any motor vehicle for any unnecessary
or unreasonable period of time.
2.
Mufflers. The operating of a motor vehicle unless it is equipped
with a muffler or other sound dissipative device in good working order
and in constant operation, which muffler or device effectively prevents
loud or explosive noises from the motor vehicle and regardless of
where operated meets any and all requirements of State law applicable
to the motor vehicle.
3.
Commercial Transport. The making of excessive, unnecessary and avoidable
noises in the operation of any motor vehicle.
4.
Loading and Unloading. Creating loud, excessive and unnecessary noise
in connection with the loading or unloading of any motor vehicle or
in the opening or destruction of bales, boxes, crates or containers
delivered by any motor vehicle.
5.
Refuse Collection. Collecting, loading or transporting garbage, trash,
cans, bottles or other refuse by persons engaged in the business of
garbage or refuse collection, whether private or municipal, at any
time on Sundays or any time other than between the hours of 7:00 a.m.
or 7:00 p.m., prevailing time, on any other days.
6.
Miscellaneous Night Noises. The warming up or idling of any motor
vehicle, and the unnecessary and repeated idling, acceleration and
deceleration or starting and stopping of any motor vehicle, between
the hours of 11:00 p.m. and 7:00 a.m. the following day, prevailing
time.
b.
Construction or Demolition Work. The carrying on of any construction
or demolition work at any time on Sundays, or at any time other than
between the hours of 8:00 a.m. and 6:00 p.m., prevailing time, on
Saturdays, or between the hours of 7:00 a.m. and 6:00 p.m., prevailing
time, on any other days.
The provisions of this paragraph shall not apply to interior
or exterior repairs or interior alterations when the work is actually
performed entirely by a homeowner or occupant between the hours of
8:00 a.m. and 10:00 p.m., prevailing time, provided that the work
is done without creating any noise disturbance across a residential
real property boundary.
The provisions of this paragraph shall not apply to specific
construction work in case of an emergency declared by the Township
Engineer or Township Superintendent of Public Works as to a public
works project or in case of an emergency declared by the Township
Construction Official as to a private project, provided that any such
declaration is based upon a finding that the public health and safety
will be impaired unless specific work is performed during the times
prohibited by this subsection.
c.
Domestic Power Tools. Operating any mechanically powered saw, drill,
sander, grinder, lawn or garden tool, snow blower or similar device
outdoors in residential areas at any time other than between the hours
of 8:00 a.m. and 10:00 p.m. prevailing time, on Saturdays and Sundays,
or between the hours of 7:00 a.m. and 10:00 p.m., prevailing time,
on any other days.
d.
Motors, Engines, Fans and Pumps. Operating any motors, engines, fans,
blowers or pumps, including by way of example but not limitation,
air-conditioning systems, compression devices and pool filtering systems,
which create a noise disturbance across a residential real property
boundary or within a noise sensitive zone.
e.
Amplifiers, Loudspeakers, Radios, Television Sets, Musical Instruments
and Similar Devices. Using or operating, either indoors or in any
vehicle, any amplifier, loudspeaker, radio receiving set, television
set, musical instrument, phonograph, tape recorder or other equipment
or device for the producing, reproducing or amplification of sound
at any time with a volume louder than is necessary for the convenient
hearing of persons who are in the room or vehicle where such equipment
or device is operated and who are voluntary listeners thereto. The
use or operation of any such equipment or device between the hours
of 11:00 p.m. and 8:00 a.m. the following day, prevailing time, in
such a manner as to be plainly audible (1) at a distance of 100 feet
from the building or vehicle in which it is located or (2) through
a dwelling unit partition wall of a multi-family structure shall be
prima facie evidence of a violation of this subsection.
None of the equipment, instruments or devices hereinabove mentioned
shall be used outdoors at any time in a manner that will create any
noise disturbance across a residential real property boundary unless
such operation is in connection with a public or other special event
authorized by the governing body of the Township and such operation
and use is in accordance with the specific terms and conditions set
forth in the authorization.
f.
Sounds by Humans. Yelling, shouting, hooting, whistling or singing
on the public streets or within residential areas or noise sensitive
zones between the hours of 11:00 p.m. and 8:00 a.m. the following
day, prevailing time.
g.
Animal and Bird Sounds. Owning, keeping, possessing or harboring
any dog or other animal or bird which frequently or for continued
periods barks, howls, cries or squawks when such sounds are plainly
audible beyond the limits of the property upon which the animal or
bird is kept.
[Ord. No. BH-2-78 § 3]
No person shall within the Township of Chatham use or operate
any equipment, machine, facility or instrumentality which produces
or causes to be produced any sound having a sound pressure level which,
measured at the point of annoyance complained of:
a.
Shall exceed 65 decibels between the hours of 8:00 a.m. and 8:00
p.m., prevailing time, or 50 decibels between the hours of 8:00 p.m.
and 8:00 a.m. the following day, prevailing time, or
b.
Shall be more than 10 decibels above the sound level present when
the noise source complained of is silenced, provided, however, that
in no instance shall it be necessary to reduce the noise level below
40 decibels between the hours of 8:00 a.m. and 8:00 p.m., prevailing
time, or below 30 decibels between the hours of 8:00 p.m. and 8:00
a.m. the following day, prevailing time, and further provided that
this paragraph b shall not apply to industrial and commercial stationary
sound sources.
This section is applicable when and where the character and
nature of any sound or noise lends itself to measurement, but nothing
in this section shall be construed in any way to limit any other provision
of this chapter.
This section is intended as establishing standards for the level
or duration of community noise which are more stringent than those
established pursuant to the Noise Control Act of 1971, N.J.S. 13:1G-1
and following, and any code, rules or regulations promulgated pursuant
thereto, but not as otherwise affecting the standards heretofore or
hereafter established or promulgated pursuant to said Act by any State
code, rules or regulations thereunder.
[Ord. No. BH-2-78 § 4]
The provisions of this chapter shall not apply to any of the
following: (a) the emission of sound for the purpose of alerting persons
to the existence of an emergency; (b) church bells or chimes; (c)
celebrations and parades scheduled by a governmental entity; or (d)
any activity exempt from the provisions of local control by State
or Federal law.
[Ord. No. BH-2-78 § 5]
The provisions of this chapter are enforceable by representatives
of the Board of Health of the Township of Chatham and by members of
the Police Department of the Township of Chatham.
[Ord. No. BH-2-78 § 6]
Any person who shall violate any provision of this chapter shall
be subject to a fine of not more than $200 and not less than $5 for
each offense. In the case of a continuing violation, each day that
the violation continues shall constitute a separate offense.
[Ord. No. BH-2-78 § 7]
The provisions of this chapter are not intended to be exclusive
to supersede any other remedies provided by law or ordinance.
