[HISTORY: Adopted by the Mayor and Council
of the Borough of Lavallette. Amendments noted where applicable.]
This chapter may be cited as the “Noise
Ordinance of the Borough of Lavallette.”
A.
Whereas, excessive noise is a serious hazard to the
public health and welfare and the quality of life; and
B.
Whereas, a substantial body of science and technology
exists by which excessive noise may be substantially abated; and
C.
Whereas, the people have a right to and should be
ensured an environment free from noise that may jeopardize their health
or welfare or degrade the quality of life; and
D.
Whereas, the necessity in the public interest for
the provisions and prohibitions hereinafter contained and enacted
is declared as a matter of legislative determination and public policy
and the provisions and prohibitions hereinafter contained and enacted
are in pursuance of and for the purpose of securing and promoting
the public health, comfort, convenience, safety, welfare and the peace
and quiet of the inhabitants of the Borough of Lavallette;
E.
Now, therefore, it is the policy of the Borough of
Lavallette to prevent noise which may jeopardize the health or welfare
of its citizens or degrade the quality of life.
A.
Word usage. 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.
B.
AMBIENT NOISE LEVEL
A-WEIGHTED SOUND PRESSURE LEVEL
CONTINUOUS NOISE
CYCLICALLY VARYING NOISE
dBa
DECIBEL
DEPARTMENT
DEVICE
EMERGENCY VEHICLE
EMERGENCY WORK
FLUCTUATING NOISE
MOTORBOAT
MOTOR VEHICLE
MUFFLER
NOISE
NOISE DISTURBANCE
PERSON
PLAINLY AUDIBLE NOISE
POWERED MODEL VEHICLES
PROPERTY BOUNDARY
PUBLIC RIGHT-OF-WAY and PUBLIC SPACE
PURE TONE
REPETITIVE IMPULSIVE NOISE
SOUND
SOUND LEVEL METER
SOUND PRESSURE
STATIONARY EMERGENCY SIGNALING DEVICES
STATIONARY NOISE SOURCE
STEADY NOISE
WEEKDAY
Definitions. As used in this chapter, the following
terms shall have the meanings indicated:
The sound-pressure level of the all-encompassing noise associated
with a given environment being usually a composite of sounds from
many sources and/or the A-weighted sound pressure level exceeded 90%
of the time/L90 based on a one-hour period.
The sound pressure level as measured in decibels on a sound
level meter using the A-weighting network. The level so read shall
be designated “dB(A)” or “dBA.”
A steady, fluctuating or impact noise which exists, essentially
without interruptions, for a period of one hour or more.
A steady fluctuating or impulsive noise which may or may
not contain a pure tone, which varies in sound pressure level such
that the same level is obtained repetitively at reasonably uniform
intervals of time.
The abbreviation designating the unit of sound level as measured
by a sound level meter using the A-weighting.
The practical unit of measurement for sound pressure level;
the number of decibels of a measured sound is equal to 20 times the
logarithm to the base 10 of the ratio of the sound pressure of the
measured sound to the sound pressure of a (20 micropascals); abbreviated
as “dB.”
Any municipal agency.
Any mechanism which is intended to produce or which actually
produces noise when operated or handled.
A motor vehicle used in response to an unexpected occurrence
or situation resulting from natural or unnatural causes which endangers
or has the potential to endanger the health, safety or resources of
citizens or a municipality, and, as such, necessitates prompt action
and response on the part of the emergency services personnel.
Work necessary to restore property to a safe condition following
a public calamity, work to restore public utilities or work required
to protect persons or property from an imminent exposure to danger.
The sound pressure level of a fluctuating noise varies more
than six dB(A)'s during the period of observation when measured with
the slow meter characteristic of a sound-level meter and does not
equal the previously existing ambient noise level more than once during
the period of observation.
Any vehicle which is primarily operated on water or which
does operate on water, such as a boat, barge, amphibious craft, watercraft,
or hovercraft, and which is at any time propelled by mechanical power.
Any vehicle which is propelled or drawn by mechanical equipment,
such as but not limited to passenger cars, trucks, truck-trailers,
semitrailers, campers, motorcycles, minibikes, go-carts, snowmobiles,
amphibious craft on land, dune buggies, racing vehicles or any motorized
vehicle having two or more axles.
Any apparatus consisting of baffles, chambers or acoustical
absorbing materials whose primary purpose is to transmit liquids or
gases while causing a reduction in sound emission at one end.
Any sound which is unwanted or which causes or tends to cause
an adverse psychological effect on human beings.
Any sound which annoys, disturbs or perturbs reasonable persons
with normal sensitivities or any sound which injures or endangers
the comfort, repose, health, hearing, peace or safety of other persons.
Any individual, association, partnership, company, corporation,
society, officer, employee, department, agency, other entity or instrumentality
of the United States, a state or any political subdivision of that
state.
Any noise for which the information content of that noise
is unambiguously communicated to the listener, such as but not limited
to understandable spoken speech or comprehensible musical rhythms.
Any powered vehicles, either airborne, waterborne or landborne,
which are designated not to carry persons or property, such as but
not limited to model airplanes, boats, cars and rockets, and which
can be propelled by mechanical means.
An imaginary line at the ground surface, and its vertical
extension, which separates the real property owned by one person from
that owned by another person.
Any street, avenue, boulevard, easement, highway, alley or
public space which is owned or controlled by a public government entity.
Any noise which can be distinctly heard as a single pitch
or a set of single pitches. For the purposes of measurement, a pure
tone shall exist if the 1/3 octave band sound pressure level in the
band with the tone exceeds the arithmetic average of the sound pressure
levels of the two contiguous 1/3 octave bands by five dB's for frequencies
of 500 hertz and above, by eight dB's for frequencies between 160
and 400 hertz and by 15 dB's for frequencies less than or equal to
125 hertz.
Any noise which is composed of a single pressure peak or
a single burst (multiple pressure peaks) having a duration of less
than one second that is repeated at sufficiently slow rates such that
a sound level meter set at fast meter characteristic will slow changes
in sound pressure level greater than two dB(A)'s.
A temporal and spatial oscillation in pressure or other physical
quantity in a medium with internal forces that causes compression
and rarefaction of that medium and which propagates a finite speed
to distant points.
An instrument, which includes a microphone, amplifier, RMS
detector, integrator or time averager, output meter and weighting
networks used to measure sound pressure levels.
The instantaneous difference between the actual pressure
and the average of barometric pressure at a given point in space,
the level of which can be measured in dB units with a sound level
meter which has a uniform (“flat”) response over the band
of frequencies measured.
Any device, excluding those attached to motor vehicles, used
to alert persons engaged in emergency operations. These include, but
are not limited to, fire fighters, first-aid squad members and law
enforcement officers, whether paid or volunteer.
Any device, fixed or movable, which is located or used on
geographically defined real property other than a public right-of-way.
A sound pressure level which remains essentially constant
during the period of observation, i.e., the fluctuations are too small
to meet the criterion for fluctuating noise.
Any Monday, Tuesday, Wednesday, Thursday or Friday which
is not a legal holiday.
A.
It shall be the duty and responsibility of the local
health services provider and the Police Department of the Borough
of Lavallette to enforce the provisions of this chapter. The Ocean
County Board of Health shall be department responsible for enforcing
the provisions of this chapter.
B.
Method of enforcement. Violation of this chapter shall
be cause for summons and complaint to be issued forthwith; provided,
however, that if the noise source is not a motor vehicle moving on
a public right-of-way, in lieu of a summons and complaint, enforcement
personnel may issue a twenty-four-hour notice, in writing, which may
be served personally or by certified mail to the last known address
of the person or persons in charge of or in control of the device,
building or premises to abate said violation of this chapter. Failure
to comply with the order so issued and served shall constitute a violation
of this chapter.
In order to implement the purposes of this chapter,
the Ocean County Health Department in conjunction with the Health
Advisory Board of the Borough of Lavallette and/or its authorized
agents and the Police Department of the Borough of Lavallette shall
have the power to:
A.
Studies. Conduct or cause to be conducted studies,
research and monitoring related to noise.
B.
Education. Conduct programs of public education regarding
the causes and effects of noise, but not giving specific advice for
its abatement, and to encourage the participation of public interest
groups in related public information efforts.
C.
Inspections. For reasonable cause and upon presentation
of proper credentials, enter any building, property, premises or place
and inspect any noise source for the purpose of ascertaining the compliance
or noncompliance with any provision of this chapter or have access
to and require the production of books and papers pertinent to any
matter under investigation.
D.
Records. Require the owner or operator of any noise
source to establish and maintain records and make such reports as
the local health services provider and/or its authorized agents and
the Police Department may reasonably prescribe.
E.
Measurements. Require the owner or operator of any
noise source to measure the noise emissions thereof in accordance
with such methods and procedures and at such locations and times as
the local health services provider and/or its authorized agents and
the Police Department may reasonably prescribe.
[Amended 6-11-2012 by Ord. No. 2012-09 (1108)]
It shall be unlawful for any person within the Borough of Lavallette
to:
A.
Make,
continue or cause to be made or continued any loud, excessive or unusual
noise, or any noise which unreasonably annoys, disturbs, injures or
endangers the comfort, repose, health, peace or safety of others within
the limits of the Borough of Lavallette; or
B.
Allow
to emanate from any property, device or vehicle under their control
any loud, excessive or unusual noise, or any noise which unreasonably
annoys, disturbs, injures or endangers the comfort, repose, health,
peace or safety of others within the limits of the Borough of Lavallette.
The following acts are declared to be loud,
disturbing or excessive noise in violation of this chapter, but said
specified acts shall not be deemed to be exclusive:
A.
Horns and signaling devices. The sounding of any horn
or signaling device on any motor vehicle on any public right-of-way,
except as a danger warning signal or as provided in N.J.S.A. 39:4-1
et seq.
B.
Radios, television sets and similar devices.
(1)
Operating or permitting the use or operation of any
radio receiving set, musical instrument, television, phonograph, drum
or other device for the production or reproduction of sound in such
a manner as to cause a noise disturbance; or
(2)
Operating any such device between the hours of 10:00
p.m. and 8:00 a.m. the following day in such manner as to be plainly
audible across real property boundaries or through partitions common
to two parties within a building or plainly audible at 50 feet from
such device when operated within a motor vehicle parked on a public
right-of-way or on a public space or within a motorboat.
C.
Exterior loudspeakers. Using or operating any mechanical
device or loudspeaker in a fixed or movable position exterior to any
building or mounted upon any aircraft, motor vehicle or motorboat
such that the sound therefrom is plainly audible at or beyond the
property boundary of the source or on a public way between the hours
of 10:00 p.m. and 8:00 a.m. the following day.
D.
Animals. Owning, keeping, possessing or harboring
any animal or animals which, by frequent or habitual howling, barking,
meowing, squawking or other noisemaking, cause a noise disturbance.
The provisions of this subsection shall also apply to all private
or public facilities, including any animal pounds which hold or treat
animals.
E.
Loading operations. Loading, unloading, opening or
otherwise handling boxes, crates, containers, garbage cans or otherwise
similar objects between the hours of 6:00 p.m. and 8:00 a.m. the following
day in such manner as to cause a noise disturbance.
F.
Construction noise. Operating or causing to be operated any equipment used in pile driving, construction, repair, alteration or demolition work on buildings, structures, streets, alleyways or appurtenances thereto in residential or commercial land use categories between the hours of 6:00 p.m. and 8:00 a.m. the following day. Operation of such equipment which causes noise in violation of § 43-6A through C is prohibited on Saturdays and Sundays that are within the prescribed summer bathing season of each year. Additionally, such noise is also prohibited on Memorial Day weekend, Fourth of July and Labor Day of each year.
[Amended 7-18-2022 by Ord. No. 2022-06 (1224)]
G.
Vehicle repairs or testing. Repairing, rebuilding, modifying or testing any motor vehicle, off-road vehicle or motorboat in or near a residential use district in such a manner as to cause a noise disturbance or violate the provisions of § 43-9.
H.
Places of public entertainment. Operating or permitting
to be operated any loudspeaker or other source of sound in any place
of public entertainment which produces maximum levels of 90 dB(A)'s
at any point that is normally occupied by a human being, as read with
the slow response on a sound level meter, without a conspicuous and
legible sign located outside such place, near the entrance, stating:
WARNING. SOUND ENVIRONMENT WITHIN MAY CAUSE TEMPORARY HEARING IMPAIRMENT
WHICH MAY BECOME PERMANENT WITH CONTINUED EXPOSURE.
I.
Powered model vehicles. Operating or permitting the operation of powered model vehicles between the hours of 8:00 p.m. and 8:00 a.m. the following morning. Maximum sound pressure levels during the permitted period of operation shall conform to those set forth in Table I of § 43-9 and shall be measured at the property boundary of the source or at a distance of 100 feet if it is operated in a public place.
J.
Refuse compacting vehicles. The operating or permitting
the operation of any motor vehicle which can compact refuse and which
creates, during the compacting cycle, a disturbing noise between the
hours of 6:00 p.m. and 6:00 a.m. the following day in residential
use districts.
K.
Standing motor vehicles. Operating or permitting the
operation of the motor of any motor vehicle whose manufacturer's gross
weight is in excess of 10,000 pounds or any attached auxiliary equipment
for a period longer than three minutes in any hour while such vehicle
is stationary on a public right-of-way in a residential district or
in any designated quiet zone or is on private property in a residential
or commercial zone and is not within a completely enclosed structure.
L.
Bells and alarms. The sounding or permitting the sounding
of any exterior burglar alarm on any building or motor vehicle unless
such burglar alarm shall terminate its operation within 15 minutes
of its being activated. Any motor vehicle upon which a burglar alarm
has been installed shall prominently display the telephone number
at which communication may be made with the owner of such motor vehicle.
M.
Stationary emergency signaling devices. Testing of
only the electromechanical functioning of a stationary emergency signaling
device shall occur at the same time each day that a test is performed,
but not before 7:00 a.m. or after 8:00 p.m. Any such testing shall
only be run for one cycle of alarm activation.
N.
Operating or permitting to be operated any powered
saw, sander, drill, grinder, garden equipment or tools of like nature,
used primarily for domestic purposes outdoors in residential zones
between the hours of 8:00 p.m. and 8:00 a.m. the following day.
Noise caused in the performance of emergency
work for the immediate safety, health or welfare of the community
or individuals of the community or to restore property to a safe condition
following an emergency shall not be subject to the provisions of this
chapter. Nothing in this chapter shall be construed to permit law
enforcement, ambulance, fire or other emergency personnel to make
excessive noise in the performance of their duties when such noise
is clearly unnecessary. The use of the stationary emergency signaling
devices shall be for emergency use only.
It shall be unlawful for any person to operate
or permit to be operated any stationary source of noise in such a
manner as to create a sound pressure level which exceeds the limits
set forth for the receiving land use category in Table I when measured
at the property boundary. When a noise source can be identified and
its noise measured in more than one land use category, the limits
of the most restrictive use shall apply at the boundaries between
different land use categories.
Table I
| ||
---|---|---|
Sound Pressure Receiving Land Use Category
|
Time
|
Level Limit in dB(A)'s
|
Residence Districts A, B, and C
|
10:00 p.m. to 7:00 a.m.
|
50
|
Residence Districts A, B, and C
|
7:00 a.m. to 10:00 p.m.
|
65
|
Business Districts B1 and B2
|
At all times
|
65
|
A.
Motor vehicles on public rights-of-way. No person shall operate a motor vehicle on a public right-of-way at any time in such manner that the sound pressure level emitted by said vehicle exceeds the levels set forth in Table II when measured at the location established by Subsection B. This section shall apply to all motor vehicles, whether publicly or privately owned, that are duly licensed.
Table II
| |||
---|---|---|---|
Sound Pressure Level in dB(A)'s
| |||
Vehicle Class
|
Speed Limit; 35 mph or less
|
Speed Limit; 35 mph or more
| |
Federally registered interstate motor carrier
|
86
|
90
| |
All other vehicles with a manufacturer's gross
vehicle rating of 10,000 pounds or more, and any combination of vehicles
towed by such motor vehicle
|
86
|
90
| |
Motorcycles
|
88
|
92
| |
Any other motor vehicle and any combination
of vehicles towed by such motor vehicle
|
82
|
88
|
B.
Measurement distance. For the purpose of Subsection A, the standard measurement height shall be four feet (1.2 meters), and the standard horizontal measurement distance from the center line of the traffic lane being monitored shall be 50 feet (15 meters). Whenever it is not feasible to use 50 feet, the distance may be shortened to 25 feet (7.5 meters), in which case the values of Table II of Subsection A shall be increased by six dB(A)'s.
C.
Vehicles operating off public rights-of-way. No person shall operate a power-propelled vehicle or recreational device off a public right-of-way in such manner that the sound pressure level emitted therefrom exceeds the limits set forth in Table III when measured at the locations set forth in Subsection B. This subsection shall apply to all motorized vehicles and recreational devices, whether publicly or privately owned or whether or not duly registered or licensed, including but not limited to passenger cars, trucks, campers, motorcycles, minibikes, go-carts, snowmobiles, amphibious craft, dune buggies, racing vehicles, water-ski towing devices and motorboats.
Table III
| ||
---|---|---|
Vehicle Class
|
Sound Pressure Level; in dB(A)'s
| |
Motorboat
|
86
| |
All other vehicles
|
83
|
No zoning change, adjustment, variance or exception
which affects the land use categories will be permitted unless the
proposed use does not violate the provisions of this chapter.
No person shall sell or rent or cause to be sold or rented any structure to be used for habitation outside which structure the sound pressure levels are in excess of those permitted under § 43-9 without making full disclosure to all potential buyers or renters of the existence of such noise disturbance.
Any person, firm or corporation that shall be
convicted of a violation of a provision of this chapter shall, upon
conviction whereof by any court authorized by law to hear and determine
the matter, be subject to a fine of no less than $100 and no more
than $1,000, imprisonment not to exceed 90 days or community service
of not more than 90 days, or any combination of fine, imprisonment
and community service, as such court in its discretion may impose.
Each day that such violation exists shall constitute a separate offense.
A.
The operation or maintenance of any noise source in
violation of any provision of this chapter shall be deemed and is
declared to be a public nuisance and may be subject to abatement summarily
by a restraining order or injunction issued by a court of competent
jurisdiction or in any other manner available for the abatement of
public nuisances.
B.
Any remedy available pursuant to this chapter shall
be considered separate and not exclusive of any other remedy available
hereunder.
C.
Nothing in this chapter shall be construed to impair
any cause of action or legal remedy therefor of any person for injury
or damage arising from any violation of this chapter.