Borough of Roselle, NJ
Union County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Roselle 12-14-1988 as Ord. No. 1736. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 46.
Uniform construction codes — See Ch. 52.
Dogs — See Ch. 55.
Trash haulers — See Ch. 74, Art. I.
Loitering — See Ch. 79.
Loudspeakers and sound amplifiers — See Ch. 80.
Peace and good order — See Ch. 83.
Peddling and soliciting — See Ch. 85.
Vehicles and traffic — See Ch. 113.
This chapter may be cited as the "Noise Control Ordinance of the Borough of Roselle."
As used in this chapter, the following terms shall have the meanings described in this section. All terminology not defined below shall have the meaning described by the American National Standards Institute or its successor body.
A-WEIGHTED SOUND LEVEL
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."
A. 
Commercial dining establishments.
B. 
Noncommercial vehicle operations.
C. 
Retail services.
D. 
Wholesale services.
E. 
Banks and office buildings.
F. 
Recreation and entertainment
G. 
Community services.
H. 
Public services.
I. 
Other commercial services.
CONSTRUCTION
Any site preparation, assembly, erection, substantial repair, alteration or similar action, but excluding demolition.
DEMOLITION
Any dismantling, intentional destruction or removal of structures, utilities, public or private right-of-way surfaces or similar property.
dBA
The sound pressure level in decibels as measured on a sound level meter using the A-weighted network.
DECIBEL
A unit for measuring the volume of a sound equal to twenty (20) times the logarithm to the base of 10 of the ratio of pressure of the sound measured to the reference pressure, which is twenty (20) micropascals.
EMERGENCY WORK
Any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency.
GROSS VEHICLE WEIGHT RATING
The value specified by the manufacturer as the recommended maximum loaded weight of a single motor vehicle.
IMPULSIVE SOUND
Sound of a short duration, usually less than one (1) second, with an abrupt onset and rapid decay. Examples include explosions, drop-forge impacts and the discharge of firearms.
A. 
Storage, warehouse or distribution, provided that said operation shall not be construed to be an industrial operation when it is part of a commercial motor vehicle operation.
B. 
Property used for the production and fabrication of durable and nondurable manufactured goods.
C. 
Activities carried out on the property.
MOBILE SOURCE
A motor vehicle, motorcycle or other vehicle which originates noise while in motion.
MOTORCYCLE
An unenclosed motor vehicle having a saddle for the use of the operator and two (2) or three (3) wheels in contact with the ground, including but not limited to motor scooters.
MOTOR VEHICLE
Any vehicle which is propelled or drawn on land by a motor, such as but not limited to passenger cars, trucks, truck-trailers, semitrailers, campers, go-carts, amphibious craft on land, dune buggies or racing vehicles, but not including motorcycles.
MUFFLER or SOUND-DISSIPATIVE DEVICE
A device for abating the sound of escaping gases of an internal combustion engine.
NOISE
Any sound which annoys or causes or tends to cause adverse psychological or physiological effects on humans.
NOISE DISTURBANCE
Any sound which either endangers or injures the safety or health of humans or animals or annoys or disturbs a reasonable person of normal sensitivities or endangers or injures personal or real property.
PERSON
Any individual, association, partnership or corporation, and includes any officer, employee, department, agency or instrumentality of the state or any political subdivision of the state.
PUBLIC RIGHT-OF-WAY
Any street, avenue, boulevard, highway, sidewalk or alley or similar place which is owned or controlled by a governmental entity.
PUBLIC SPACE
Any real property or structures thereon which are owned or controlled by a governmental entity.
PURE TONE
Any sound which can be distinctly heard as a single pitch or set of single pitches.
REAL PROPERTY BOUNDARY
An 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 intrabuilding real property divisions.
A. 
Commercial living accommodations, commercial property used for human habitation.
B. 
Recreational and entertainment property used for human habitation.
C. 
Community service property used for human habitation.
SENIOR CITIZEN QUIET ZONE
Includes any geographical area within the Borough of Roselle adjacent to or contiguous with a senior citizen residential housing building or complex. The designation as a "senior citizen quiet zone" shall be determined by ordinance of the Borough Council and shall include a description of the area covered by said designation.
SOUND
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 characteristics of such sound, including duration, intensity or frequency.
SOUND LEVEL
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 S1.4-1971, or the latest approved revision thereof). If the frequency weighting employed is not indicated, the A-weighting shall apply.
SOUND LEVEL METER
An instrument which includes a microphone, amplifier, RMS detector, integrator or time averager, output meter and weighting networks used to measure sound pressure levels.
SOUND PRESSURE
The instantaneous difference between actual pressure and the average barometric pressure at a given point in space, as produced by sound energy.
SOUND PRESSURE LEVEL
Twenty (20) times the logarithm to the base 10 of the ratio of the RMS sound pressure of twenty (20) micropascals (20 x 10-6N/m2). The "sound pressure level" is denoted "Lp" or "SPL" and is expressed in decibels.
UNNECESSARY NOISE
Any noise which is avoidable, not absolutely needed and the elimination of which will not cause greater hardship than the noise itself.
WEEKDAYS
Any day Monday through Friday which is not a legal holiday.
Except as otherwise provided by law, the provisions of this chapter shall be administered and enforced by the Board of Health, the Police Department and the Engineering Department, or their duly authorized representative. The Chief of Police of the Police Department shall administer and enforce provisions affecting or involving motor vehicles.
In order to implement and enforce this chapter towards the goal of noise abatement and control, the individuals named in § 81A-3 hereof shall have, in addition to any other vested powers, the duty and responsibility to:
A. 
Investigate and pursue violations. In consonance with the provisions of this chapter, investigate and pursue possible violations of this chapter.
B. 
Inspections: make whatever inspections are necessary for the enforcement of this chapter; measure sound levels across real property lines and make any other tests necessary to determine compliance with this chapter; and, upon presentation of proper credentials, enter and inspect any building or       place, be it either public or private property, and inspect any report of 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.
C. 
Coordination: share personnel and equipment and coordinate efforts with the other two department heads as required to best ensure effective enforcement of this chapter.
D. 
Delegation of authority: delegate functions, where appropriate under this chapter, to personnel within the respective departments or to other agencies or departments.
E. 
Contracts: enter into contracts, with the approval of the Borough Council, for the provision of technical and enforcement services.
F. 
Review public and private projects: review public and private projects, subject to mandatory review by the city, for compliance with this chapter.
G. 
Special exceptions and variances: administer special exceptions and variances pursuant to § 81A-7 of this chapter.
All departments and agencies shall carry out their programs in a manner which furthers the policy of this chapter.
Noise measurements made for the enforcement of this chapter shall be taken in accordance with procedures specified by N.J.A.C. 7:29B. Such measurements shall be made by a person who is deemed qualified pursuant to N.J.A.C. 7:29B.
No person shall cause, suffer, allow or permit the operation of any source of sound on a particular category or property in such a manner as to create a sound level that exceeds the particular sound level limits set forth in Table 1 when measured at the real property line of the receiving property.
Table1
Maximum Permissible Sound Levels by
Receiving Property Category
Receiving Property Category
Sound Source Property Category
Residential 7:00 a.m. - 10:00 p/m/
(dBA)
Residential 10:00 p.m. - 7:00 a.m.
(dBA)
Commercial All Times
(dBA)
Industrial All Times
(dBA)
Residential
55
50
65
75
Commercial
65
50
56
75
Industrial
65
50
56
75
The sound levels listed in Table 1 shall not apply to:
A. 
Domestic power tools, lawn mowers and agricultural equipment when operated, with a muffler, between the hours of 8:00 a.m. and 8:00 p.m. on weekdays and between 9:00 a.m. and 8:00 p.m. on weekends and legal holidays.
B. 
Church bells and church chimes.
C. 
Noise from construction activity.
D. 
Noise from air-conditioning and air-handling devices.
E. 
Noise from snowblowers, snow throwers and snowplows when operated, with a muffler, for the purpose of snow removal.
A. 
The making, creating or permitting of any unreasonably loud, disturbing or unnecessary noise from motor vehicles and motorcycles is hereby prohibited.
B. 
The making, creating or permitting of any noise of such character, intensity or duration from motor vehicles and motorcycles as to be detrimental to the life, health or welfare of any individual or which either steadily or intermittently annoys, disturbs, injures or endangers the comfort, repose, peace or safety of any individual is hereby prohibited.
A. 
No person shall cause, suffer, allow or permit the operation of any motor vehicle or motorcycle not equipped with original muffler or equivalent replacement in good working order and in constant operation.
B. 
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 on a motor vehicle or motorcycle.
The following are prohibited:
A. 
The sounding of any horn or other auditory signaling device in any motor vehicle or motorcycle on any public right-of-way or public space, except as a warning of danger or where the motor vehicle statutes of New Jersey require the sounding of such horn or signal device.
B. 
The sounding of any horn or other auditory signaling device in any motor vehicle or motorcycle that produces a sound level in excess of one hundred (100) dBA at twenty-five (25) feet [seven and five-tenths (7.5) meters].
No person shall cause, suffer, allow or permit the following acts:
A. 
Creation of unnecessary noise or a noise disturbance.
B. 
Operating, playing or permitting the operation of playing of any radio, television, phonograph, portable stereo device, tape recorder, drum, musical instrument, sound amplifier or similar device which produces, reproduces or amplifies sound:
(1) 
In such a manner as to create unnecessary noise at fifty (50) feet from such a device when operated in public buildings, on public modes of transportation, on public streets or at any other public place or on a motor vehicle on a public right-of-way.
(2) 
In such a manner as to create unnecessary noise for any person other than the operator of the device.
(3) 
In such a manner as to create a sound level across a real property line, or through partitions common to two (2) or more persons within a building, that exceeds the applicable limit set forth in Table 1.
C. 
Using or operating of any loudspeaker, public address system or similar device between the hours of 10:00 p.m. and 8:00 a.m. the following day such that the sound therefrom creates unnecessary noise across a residential real property line. This provision shall not apply to any public performance, gathering or parade for which a permit has been obtained from the Borough of Roselle.
D. 
Offering for sale or selling anything by shouting or outcry within any residential or commercial area.
E. 
Animals: owning, possessing or harboring any animal or bird that frequently or for a continuous duration makes sounds that create a noise disturbance across a residential real property line. For the purpose of this chapter, a dog barking continuously for ten (10) minutes or intermittently for thirty (30) minutes will constitute a noise disturbance.
F. 
Loading and unloading: loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, liquids, garbage cans or similar objects between the hours of 10:00 p.m. and 6:00 a.m. the following day in such a manner as to exceed any applicable limit set forth in Table 1.
G. 
Construction: operating or permitting the operation of tools or equipment used in construction, drilling, demolition or similar work between the hours of 8:00 p.m. and 7:00 a.m. the following day on weekdays or Saturday and any time on Sunday or legal holidays, except for emergency work or by special variance issued pursuant to this chapter, or when the resulting sound level does not exceed the applicable limit set in Table 1.
H. 
Place of public entertainment: operating, playing or permitting the operation or playing of any radio, television, phonograph, drum, musical instrument, sound amplifier or similar device that produces or amplifies sound in any place of public entertainment as to exceed any applicable limit specified in Table 1.
I. 
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 line or on a public space or right-of-way, without first obtaining a variance issued pursuant to § 81A-13 of this chapter.
J. 
Emergency signaling devices: the intentional sounding or permitting the sounding of any fire, burglar, civil defense or other emergency signaling device, except for emergency or testing. Testing of any emergency signaling device shall take place at the same time of the day for each test and shall be performed between 9:00 a.m. and 9:00 p.m. and shall not exceed thirty (30) seconds. Provisions shall be made by the owner of an emergency signaling device for that device to be turned off in a timely manner after the signal has served its purpose of signaling an emergency. Emergency signaling devices shall be maintained in good repair to prevent repeated accidental alarms.
K. 
Sanitation and refuse collection: the operation of sanitation or refuse collection equipment between the hours of 8:00 p.m. and 7:00 a.m. on weekdays and Saturdays and earlier than 8:00 a.m. on Sundays and legal holidays, except by ordinance or when the sound level resulting does not exceed any applicable limit set forth in Table 1.
L. 
Air-handling devices: the operation of air-handling devices, including heat pumps, that produce a sound level greater than fifty-five (55) dBA at a real property line of a residential property, except when said operation produces less than a five (5) dBA increase in the sound level that exists in the absence of such sound.
M. 
Senior citizen quiet zone: the creation of any unreasonably loud and unnecessary noise within any area designated as a "senior citizen quiet zone," provided that notice is conspicuously displayed in adjacent or contiguous streets indicating that said area is a senior citizen quiet zone. Noncommercial public speaking and public activities conducted on any public space or public right-of-way, adjacent or contiguous to said senior citizen quiet zone shall be exempt from the operation of this section between the hours of 7:00 a.m. and 8:00 p.m.
A. 
Emergency exceptions. The provisions of this chapter shall not apply to:
(1) 
The emission of sound for the purpose of alerting persons to the existence of an emergency.
(2) 
The emission of sound in the performance of emergency work.
B. 
Special variances.
(1) 
The Mayor and Council shall have the authority, consistent with this section, to grant special variances which may be requested for good cause shown.
(2) 
Any person seeking a special variance pursuant to this section shall file an application with the appropriate department head. 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. Any individual who claims to be adversely affected by allowance of the special variance may file a statement with the department head containing any information to support his or her claim. If the department head finds that a sufficient controversy exists regarding an application, he may recommend that appropriate action be taken by Mayor and Council.
(3) 
In determining whether to grant or deny the application, the Mayor and Council shall balance the hardship to the applicant, the community and other persons, the special health, safety and welfare of persons affected, the adverse impact on property affected and any other adverse impact in granting the special variance. Applicants for special variances may be required to submit any information the Directors may reasonably require. In granting or denying an application, the Mayor and Council shall place on public file a copy of the decision and the reasons for denying or granting the special variance.
(4) 
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 variance was granted.
(5) 
Application for extension of time limits specified in variances in time to comply or for modification of other substantial conditions shall be treated like applications for initial variances under N.J.A.C. 17:3A-14(b), except that the Mayor and Council must find that the need for extension or modification clearly outweighs any adverse impact of granting the extension or modification.
(6) 
The department head 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 a variance will be recommended to Mayor and Council.
This chapter shall be enforced by the Board of Health, the Department of Engineering and the Police Department. Those provisions of this chapter affecting motor vehicles shall be enforced solely by the Director of the Police Department.
Violation of any provision of this chapter shall be cause for a notice of violation to be issued by the Directors.
A. 
In conjunction with the issuance of a notice of violation, the department heads shall issue an order requiring abatement of any source of sound alleged to be in violation of this chapter within a reasonable time period and according to guidelines which the department heads may prescribe.
B. 
An abatement order shall not be issued:
(1) 
For any willful or knowing violation of this chapter.
(2) 
If the department heads have reason to believe that there will be no compliance with the abatement order.
C. 
Any motor vehicle found to be operated in violation of this chapter shall be impounded forthwith by the Police Department. The operator of said motor vehicle shall be issued a summons that shall inform him or her of the right to a hearing in regard to the violation of the chapter and in regard to the obligation to pay any towing and impoundment charges that accrue because of the violation.
D. 
Any person who violates § 81A-12B of this chapter shall:
[Amended 6-27-1990 by Ord. No. 1799]
(1) 
Have the noise-producing equipment impounded by the Roselle Police Department; and
(2) 
Be subject to the issuance of a summons by the Roselle Police mandating a court appearance by the violator in order to retrieve said equipment.
A. 
Any person who violates § 81A-12B of this chapter shall be fined one hundred dollars ($100.) for the first offense, three hundred dollars ($300.) for the second offense and five hundred dollars ($500.) for the third and subsequent offenses, upon conviction.
[Amended 6-27-1990 by Ord. No. 1798; 6-27-1990 by Ord. No. 1799]
B. 
Any person who violates any other provision of this chapter shall, upon conviction, be fined for each offense not more than one hundred dollars ($100.).
C. 
Any person who willfully or knowingly violates any provision of this chapter shall, upon conviction, be fined for each offense not less than one hundred dollars ($100.) and not more than five hundred dollars ($500.).
D. 
Each day of a violation of any provision of this chapter shall constitute a separate offense.