[HISTORY: Adopted by the Board of Commissioners
of the City of Ventnor City 12-4-1986 by Ord. No. 8617.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also provided
for the repeal of former Ch. 156, Noise, adopted 6-16-1969 by Ord.
No. 17-1969, as amended.
The following words and phrases shall have the
following meanings:
A group of commercial facilities and the abutting public
rights-of-way and public spaces.
Any premises, property or facility involving traffic in goods
or furnishing of services for sale or profit, including but not limited
to:
Any site preparation, assembly, erection, repair, alteration
or similar action, but excluding demolition of buildings or structures.
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 standard sound (20 micropascals);
abbreviated dB.
Any dismantling, intentional destruction or removal of buildings
or structures.
Any work or action necessary to deliver essential services,
including but not limited to repairing water, gas, electricity, telephone
or sewer facilities or public transportation facilities, removing
fallen trees on public rights-of-way or abating life-threatening conditions.
The values 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.
Any activity and its related premises, property, facilities
or equipment involving the fabrication, manufacture or production
of durable or nondurable goods.
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.
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, mopeds and minibikes.
Any vehicle that is propelled or drawn on land by an engine
or motor, such as, but not limited to, passenger cars, trucks, truck-trailers,
semitrailers, campers, go-carts, snowmobiles, amphibious craft on
land, dune buggies or racing vehicles, but not including motorcycles.
A sound dissipative device or system for abating the sound
of escaping gases of an internal combustion engine.
Any building wherein there are two or more dwelling units.
Any sounds of such level and/or duration as to be or tend
to be injurious to human health or welfare, or which would unreasonably
interfere with the enjoyment of life or property, but excludes all
aspects of the employer-employee relationship concerning health and
safety hazards within the confines of a place of employment.
The noise control officer designated as the official liaison
with all municipal departments, empowered to grant permits for variances.
An officially designated employee of the municipality, of
a group of municipalities or of the county, trained in the measurement
of sound and empowered to issue a summons for violations of this chapter.
Any sound that endangers the safety or health of any person,
or disturbs a reasonable person of normal sensitivities, or endangers
personal or real property.
Any individual, corporation, company, association, society,
firm, partnership, joint-stock company, the state or any political
subdivision, agency or instrumentality of the state.
Any street, avenue, boulevard, road, highway, sidewalk or
alley that is leased, owned or controlled by a governmental entity.
Either the imaginary line, including its vertical extension,
that separates one parcel of real property from another or the vertical
and horizontal boundaries of a dwelling unit that is one in a multi-dwelling-unit
building.
An imaginary line, including its vertical extension, that
separates one parcel of real property from another.
Any motor vehicle used off public roads for recreational
purposes.
A group of residential properties and the abutting public
rights-of-way and public spaces.
Property used for human habitation, including, but not limited
to:
The sound pressure level measured in decibels with a sound
level meter set for A-weighting; "sound level" is expressed in dBA.
An instrument used to measure sound level and which conforms
to Type 1 or Type 2 standards as specified by ANSI Specification S1.4-1971.
Any day, Monday through Friday, that is not a legal holiday.
A.
The provisions of this chapter shall be enforced by the Noise Control Officers. Section 156-4 of this chapter shall be enforced by the Noise Control Officer, a police officer or a Code Enforcement Officer.
[Amended 5-27-1999 by Ord. No. 9911]
B.
The Noise Control Administrator shall have the power
to:
(1)
Coordinate the noise control activities of all municipal
departments and cooperate with all other public bodies and agencies
to the extent practicable.
(2)
Review the actions of other municipal departments
and advise such departments 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.
C.
A person shall be qualified to be a Noise Control
Officer if the person has satisfactorily completed any of the following:
A.
Stationary sources. No person shall cause, suffer, allow or permit the operation of any source of sound on a particular category of property or any public space or right-of-way in such a manner as to create a sound level that exceeds the particular sound level limits set forth in Table I when measured at or within the real property line of the receiving property, except as provided in § 156-3A(1).
(1)
When measuring noise within a dwelling unit of a multi-dwelling-unit
building, all exterior doors and windows shall be closed and the measurements
shall be taken in the center of the room.
|
Table I
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|---|---|---|---|---|---|---|
|
Maximum Permissible Sound Levels by Receiving
Property Category
(dBA)
| ||||||
|
Another Dwelling Within a Multi-Dwelling-Unit
Building
|
Receiving Property Category
| |||||
|
Sound Source Property Category
|
7:00 a.m. - 10:00 p.m.
|
10:00 p.m. - 7:00 a.m.
|
Residential
7:00 a.m. - 10:00 p.m.
|
Residential
10:00 p.m. - 7:00 a.m.
|
Commercial
All Times
|
Industrial
All Times
|
|
Any location within a multi-dwelling-unit building
|
45
|
40
|
55
|
50
|
65
|
75
|
|
Residential
|
55
|
50
|
65
|
75
| ||
|
Commercial or public spaces or rights-of-way
|
65
|
50
|
65
|
75
| ||
|
Industrial
|
65
|
50
|
65
|
75
| ||
(2)
The following are exempt from the sound level limits
of Table I:
(a)
Noise from domestic power tools, lawn mowers
or agricultural equipment when operated with a muffler between the
hours of 8:00 a.m. and 8:00 p.m. on weekdays and 9:00 a.m. and 8:00
p.m. on weekends and legal holidays, provided that they produce less
than 85 dBA at or within any real property line of a residential property.
(b)
Sound from church bells and church chimes when
a part of a religious observance or service.
(c)
Noise from construction activity, provided that all motorized equipment used in such activity is equipped with functioning mufflers, except as provided in § 156-4B(5).
(d)
Noise from snowblowers, snow throwers and snow
plows when operated with a muffler for the purpose of snow removal.
(e)
Noise from stationary emergency signaling devices
that conforms to the provisions of N.J.A.C. 7:29.
(f)
Noise from an exterior burglar alarm of any
building or motor vehicle, provided that such burglar alarm shall
terminate its operation within 15 minutes after it has been activated.
B.
Mobile sources.
(1)
Motor vehicles and motorcycles on public rights-of-way.
No person shall cause, suffer, allow or permit the operation of 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 that level set forth in Table II.
|
Table II
| |||
|---|---|---|---|
|
Maximum Permissible Sound Levels From
Motor Vehicles and Motorcycles*
| |||
|
[Sound level in dBA at 50 feet (15 meters)
from center line of vehicle travel]
| |||
|
Vehicle 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 pounds or more
|
86
|
90
|
88
|
|
All other motor vehicles of GVWR or GCWR of
10,000 pounds or more
|
86
|
90
|
—
|
|
Any motorcycle
|
82
|
86
|
—
|
|
Any other motor vehicle of any combination of
vehicles towed by any motor vehicle
|
76
|
82
|
—
|
|
Sound level on fast setting in dBA at
15 feet from the edge of the lane of vehicle travel
| |
|---|---|
|
Vehicle Class
|
Speed Limit 35 mph or less
|
|
Any motor vehicle or motorcycle with a GVWR
less than 10,000 pounds
|
80
|
|
NOTES:
|
|---|
|
* Measured according to Department of Transportation.
Bureau of Motor Carrier Safety Regulations for enforcement of Motor
Carrier Noise Emission Standards, Title 49, Code of Federal Regulations,
Chapter 11, Part 325.
|
(2)
Recreational motorized vehicles operating off public
rights-of-way. No person shall operate or cause to be operated any
recreational motorized vehicle in such a manner that the sound level
emitted therefrom exceeds the limits set forth in Table II at either
a distance of 50 feet (15 meters) or more from the path of the vehicle
when operated on a public space or at or across a real property line
when operated on private property. This section shall apply to all
recreational motorized vehicles, whether or not duly licensed or registered.
|
Table III
| ||
|---|---|---|
|
Maximum Permissible Sound Level For Recreational
Motorized Vehicles Operated Off Public Rights-Of-Way
| ||
|
Vehicle Type
|
Sound Level
| |
|
Motorcycle:
| ||
|
Unit manufactured before 1975
|
86
| |
|
Unit manufactured after 1975
|
84
| |
|
Any other vehicle:
| ||
|
Unit manufactured before 1975
|
84
| |
|
Unit manufactured after 1975
|
80
| |
A.
No person shall cause, suffer, allow or permit to
be made, verbally or mechanically, directly or indirectly, any noise
which disturbs, injures or endangers the health, comfort, safety or
welfare of others. It is specifically intended that an owner or landlord
shall be responsible for the actions of his tenants or other persons
residing within the leased/rented premises.
[Amended 10-28-1993 by Ord. No. 9320]
B.
No person shall cause, suffer, allow or permit the
following acts:
(1)
Sound-reproduction systems: operating, playing or
permitting the operation or playing of any radio, television, phonograph
or similar device that reproduces or amplifies sound in such a manner
as to create a noise disturbance for any person other than the operator
of the device.
(2)
Loudspeakers and public address systems: 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. in the following day,
such that the sound therefrom creates a noise disturbance across a
residential real property line.
(3)
Animals and birds: owning, possessing or harboring
any pet animal or pet bird that frequently or for continued duration
makes sounds that create a noise disturbance across a residential
real property line. (For the purpose of this section, a "noise disturbance"
from a barking dog shall be defined as that created by a dog barking
continually for 10 minutes or intermittently for 30 minutes unless
provoked.)
(4)
Loading and unloading: loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, liquids, garbage cans, refuse or similar objects, gaseous, powder or pellet form, or the compacting of refuse by persons engaged in the business of scavenging or garbage collection, whether private or municipal during the hours as set in § 171-7.
[Amended 10-20-2016 by Ord. No. 2016-16]
C.
Adequate mufflers.
(1)
No person shall cause, suffer, allow or permit the
operation of any motor vehicle or motorcycle not equipped with the
original muffler and other components or equivalent replacement in
good working order and in constant operation regardless of sound level
produced.
(2)
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 other exhaust component
on a motor vehicle or motorcycle.
D.
Motor vehicle horns and signaling devices. The following
acts and the causing thereof are declared to be in violation of this
chapter.
(1)
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.
(2)
The sounding of any horn or other auditory signaling
device that produces a sound level in excess of 100 dBA at 25 feet
(7.5 meters).
E.
Standing motor vehicles. No person shall operate or
permit the operation of any motor vehicle or any auxiliary equipment
attached to such a vehicle for a period longer than three minutes
in any hour while the vehicle is stationary for reasons other than
traffic congestion or emergency work on a public right-of-way or public
space within 150 feet (46 meters) of a residential area between the
hours of 8:00 p.m. and 9:00 a.m. the following day.
F.
Mobile sound-reproduction device. No person shall
cause, suffer, allow or permit the operating or playing of any radio,
tape player or similar device that reproduces or amplifies sound in
such a manner as to create noise at 50 feet (15 meters) from such
device when operating in or on a motor vehicle on a public right-of-way
or public space.
A.
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, except as provided in § 156-3A(2)(e) and (f);
(2)
The emission of sound in the performance of emergency
work; or
(3)
The emission of sound in situations within the jurisdiction
of the Federal Occupational Safety and Health Act.
B.
Noise from municipally sponsored or approved celebrations
or events shall be exempt from the provisions of this chapter.
C.
Any noise
generated by City of Ventnor Public Works employees or equipment while
performing work on behalf of the City.
[Added 7-12-2018 by Ord.
No. 2018-27]
A.
Any person who owns or operates any noise source may
apply to the Noise Control Administrator for a variance from one or
more of the provisions of this chapter. Applications for a permit
of variance shall supply information, including but not limited to:
(1)
The nature and location of the noise source for which
such application is made.
(2)
The reason for which the permit of variance is requested,
including the hardship that will result to the applicant, his or her
client or the public if the permit of variance is not granted.
(3)
The nature and intensity of noise that will occur
during the period of the variance.
(4)
The section or sections of this chapter for which
the permit of variance shall apply.
(5)
A specific schedule of the noise control measures
which shall be taken to bring the source into compliance with this
chapter within a reasonable time.
B.
Failure to supply the information required by the
Noise Control Administrator shall be cause for rejection of the application.
C.
A copy of the permit of variance must be kept on file
by the Municipal Clerk for public inspection.
D.
The Noise Control Administrator may charge the applicant
a fee of $20 to cover expenses resulting from the processing of the
permit of variance application.
E.
The Noise Control Administrator may, at his or her
discretion, limit the duration of the permit of variance, which shall
be no longer than one year. Any person holding a permit of variance
and requesting an extension of time shall apply for a new permit of
variance under the provisions of this section.
F.
No variance shall be approved unless the applicant
presents adequate proof that noise levels occurring during the period
of the variance will not constitute a danger to public health; and
compliance with the chapter would impose no arbitrary or unreasonable
hardship upon the applicant without equal or greater benefits to the
public.
G.
In making the determination on granting a variance,
the Noise Control Administrator shall consider:
(1)
The character and degree of injury to or interference
with the health and welfare or the reasonable use of property which
is caused or threatened to be caused.
(2)
The social and economic value of the activity for
which the variance is sought.
(3)
The ability of the applicant to apply best practical
noise control measures.
H.
The permit of variance may be revoked by the Noise
Control Administrator if the term of the permit of variance are violated.
I.
A variance may be revoked by the Noise Control Administrator
if there is:
A.
Issuance of summons. Violation of any provision of
this chapter shall be cause of a summons to be issued by the appropriate
Noise Control Officer, police officer or Code Enforcement Officer.
[Amended 5-27-1999 by Ord. No. 9911]
B.
Abatement orders.
(1)
Except as provided in Subsection B(2), in lieu of issuing a summons as provided in Subsection A above, the Noise Control Officer may 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 Noise Control Officer may prescribe.
(2)
An abatement order shall not be issued if any person
willfully or knowingly violates any provision of this chapter, or
if the Noise Control Officer has reason to believe that there will
not be compliance with the abatement order.
C.
Revocation of summons. If a summons is given for violation of § 156-4C of this chapter, the summons may be revoked by the Police Department if the offending vehicle's exhaust system is repaired within five days. The vehicle must be brought to the police station for an inspection of the exhaust system.
[Amended 2-2-1989 by Ord. No. 8903; 1-9-1997 by Ord. No. 9616]
A.
Any person who violates any provision of this chapter
shall be subject to a penalty for each offense not more than $1,000.
B.
Any person who willfully or knowingly violates any
provision of this chapter shall be subject to a penalty for each offense
of a sum of not more than $1,000.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
In addition to or as a substitute for the previously
mentioned fine, the imposition of community service shall be authorized
as an additional penalty, which community service shall not exceed
90 days.
No provisions 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.
If any provision of this chapter is held to
be unconstitutional or otherwise invalid by any court of competent
jurisdiction, the remaining provisions of this chapter shall not be
invalidated.
