[HISTORY: Adopted by the Mayor and Borough
Council of the Borough of Berlin 10-7-1991 by Ord. No. 91-16;
amended in its entirety 7-24-2002 by Ord. No. 2002:11. Amendments noted
where applicable.]
A.
For the purposes of this chapter, the following terms,
phrases, words and their derivatives shall have the meaning given
herein. When not inconsistent with the context, words used in the
present tense include the future, words used in the plural number
include the singular number, and words used in the singular number
include the plural number. The word "shall" is always mandatory and
not merely directive or permissive.
B.
AMBIENT NOISE LEVEL
A-WEIGHTED SOUND PRESSURE LEVEL
COMMERCIAL AREA
COMMERCIAL FACILITY
CONSTRUCTION
CONTINUOUS NOISE
CYCLICALLY VARYING NOISE
DECIBEL (dB)
DEMOLITION
DEPARTMENT
DEVICE
DIESEL-POWERED ENGINE
EMERGENCY VEHICLE
EMERGENCY WORK
ENFORCING OFFICIAL
EXHAUST EMISSIONS
FLUCTUATING NOISE
IDLE
IMPULSIVE NOISE
INDUSTRIAL FACILITY
MOTOR VEHICLE
MUFFLER
MULTI-DWELLING - UNIT BUILDING
NOISE
NOISE CONTROL OFFICER
NOISE DISTURBANCE
PLAINLY AUDIBLE NOISE
PERSON
POWERED MODEL VEHICLES
PROPERTY BOUNDARY
PUBLIC RIGHT-OF-WAY
PUBLIC SPACE
PUBLIC UTILITY WIRES
PURE TONE
REAL PROPERTY LINE
REPETITIVE IMPULSIVE NOISE
RESIDENTIAL PROPERTY
RESIDENTIAL PROPERTY
RMS SOUND PRESSURE
SMOKE
SOUND
SOUND LEVEL
SOUND LEVEL METER
SOUND PRESSURE
SOUND PRESSURE LEVEL
STATIONARY EMERGENCY SIGNALING DEVICES
STATIONARY NOISE SOURCE
STEADY NOISE
VIBRATION
WEEKDAY
For the purpose of this chapter, the following definitions
shall apply unless the context clearly indicates or requires a different
meaning. All terminology used in this chapter, and not defined below,
shall be in conformance with applicable publications of the American
National Standards Institute (ANSI) or its successor body.
The sound pressure level of the all-encompassing noise associated
with a given environment, being usually a composite of sounds from
many sources.
The sound pressure level as measured on a sound level meter
using the A-weighting network. The level so read shall be designated
dB(A) or dBA.
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.
A steady, fluctuating or impact noise which exists essentially
without interruption for a period of one hour or more.
Steady, fluctuating or impulsive noise which may or may not
contain a pure tone and which varies in sound pressure level such
that the same level is obtained repetitively at reasonably uniform
intervals of time.
The practical unit of measurement for sound pressure levels;
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.
The County Department of Health or any municipal agency related
to the noise control programs such as the Board of Health, the Community
Development Department and the Police Department.
Any mechanism which is intended to produce or which actually
produces noise when operated or handled.
A mechanism for converting energy into mechanical force and
motion by using a compression ignition type of internal combustion
engine.
A motor vehicle used in response to a public calamity or
to protect persons or property from imminent danger.
Any work or action necessary to deliver essential services
including, but not limited to, repairing water, gas, electricity,
telephone, sewer facilities, or public transportation facilities,
removing fallen trees on public rights-of-way, or abating life-threatening
conditions.
Includes the official authorized by the Borough of Berlin
to enforce this Code and chapter.
Substances emitted into the atmosphere from any opening downstream
from the exhaust ports of a motor vehicle engine.
When the sound pressure level of a fluctuating noise varies
more than 6 dB(A) 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.
A motor vehicle operating mode consisting of a nonloaded,
throttled engine speed at the revolutions per minute specified by
the manufacturer.
A noise characterized by brief excursions of sound pressure
whose peak levels exceed the ambience by 10 dB. The duration of a
single impulse is usually less than one second and requires the use
of a sound level meter specially adapted for its measurement.
Any activity and its related premises, property, facilities,
or equipment involving the fabrication, manufacture, or production
of durable or nondurable goods.
As defined in the Motor Vehicle Code of the state or any
vehicles which are 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 or racing vehicles.
A sound-dissipating device or system for abating the sound
of escaping gasses of an internal combustion engine.
Any building wherein there are two or more dwelling units.
Any sounds of such level and 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 through the Borough
of Berlin or in any portions thereof, but excluding all aspects of
the employer-employee relationship concerning health and safety hazards
within the confines of a place of employment.
An officially designated employee of the Borough or of the
County of Camden, trained in the measurement of sound and empowered
to issue a summons for violations of this Ordinance.
Any sound that endangers the safety or health of any person,
or disturbs a reasonable person of normal sensitivities, or endangers
real or personal property.
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.
Includes corporations, companies, associations, societies,
firms, partnerships and joint stock companies, as well as individuals.
Any powered vehicles, either airborne, waterborne or landborne,
which are designed not to carry persons or property, such as, but
not limited to, model airplanes, boats, cars, or 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, road, highway, sidewalk, or
alley that is owned, leased, or controlled by a governmental entity.
Any real property or structures thereon that are owned, leased
or controlled by a governmental entity.
Wires used for transmission of telecommunications, such as,
but not limited to, Verizon and Comcast, for cable TV, phone service
or Internet service, or any other overhead utility wires connected
to utility poles.
[Added 10-7-2013 by Ord. No. 2013-11]
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 one-third octave band sound-pressure level
in the band with the tone exceeds the arithmetic average of the sound
pressure levels of the two contiguous one-third octave bands by 5
dB for frequencies of 500 hertz and above by 8 dB for frequencies
between 160 and 400 hertz and 15 dB for frequencies less than or equal
to 125 hertz.
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.
Repetitive noise which is composed of impulsive noises that
are repeated at sufficiently slow rates such that a sound level meter
set at a fastmeter characteristic will show changes in sound pressure
level greater than 2 dB(A).
Any group of residential properties and the abutting public
rights-of-way and public spaces.
Any property used for human habitation, including but not
limited to:
The square root of the time-averaged square of the sound
pressure denoted Prms.
Small gasborne and airborne particles, exclusive of water
vapors, arising from the process of combustion in sufficient number
to be observable.
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 at finite speed
to distant points.
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 conforms to
Type 1 or Type 2 standards as specified by ANSI specification S1.4-1971.
The instantaneous difference between the actual pressure
and the average or barometric pressure at a given point in space.
Twenty times the logarithm to the base 10 of the ratio of
the RMS sound pressure to the reference pressure, which shall be 20
micropascals, denoted Lp or SPL.
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 or
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.
A temporal spatial oscillation of displacement, velocity
or acceleration in a solid material.
Any day, Monday through Friday, that is not a legal holiday.
The following matters, things, conditions or
acts, are hereby declared to be a nuisance and injurious to the health
of the inhabitants of this municipality. It shall be unlawful for
any person or persons to commit, maintain or allow any nuisance as
declared and described in this section:
A.
Any matter, thing, condition or act which is or may
become detrimental or a menace to the health of the inhabitants of
this municipality.
B.
Any matter, thing, condition or act, which is or may
become an annoyance or interfere with the comfort or general well-being
of the inhabitants of this municipality.
C.
Pollution or existence of conditions which cause or
threaten pollution of any waters in this municipality in such manner
as to cause or threaten injury to any of the inhabitants of this municipality
either in their health, comfort or property.
D.
The escape into the open air from any stack, vent,
chimney or any entrance to the open air, or from any fire into the
open air or from any motor vehicle as defined herein, of such quantities
of smoke, fly ash, dust, fumes, vapors, mists, gases, or emissions
as to cause injury, detriment, or annoyance to the inhabitants of
this municipality or interfere with or endanger their comfort, repose,
health or safety.
E.
The existence or presence of any accumulation of garbage,
refuse, manure, or animal or vegetable matter, which may attract flies
and to which flies may have access, or in which fly larvae or pupae
breed or exist.
F.
Depositing, accumulating or maintaining any matter
or thing which serves as food for insects or rodents and to which
they may have access or which serves or constitutes a breeding place
or harborage for insects or rodents in or on any land, premises, building
or other place.
G.
Standing motor vehicles. Operating or permitting the
operation of any motor vehicle whose manufacturer's gross weight is
in excess of 10,000 pounds, or any auxiliary equipment attached to
such a vehicle, for a period of longer than five 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 8:00 a.m. of the following day.
H.
Construction and demolition. Operating or permitting the operation of any tools or equipment used in construction, drilling, earthmoving, excavating, or demolition work between the hours of 6:00 p.m. and 7:00 a.m. the following day on weekdays or at any time on weekends or legal holidays, except for emergency work or when the sound level does not exceed any applicable limit specified in Table I in § 226-7 hereof.
[Amended 5-28-2003 by Ord. No. 2003:7]
I.
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 the Vehicle Code
of the State of New Jersey.
J.
Street sales. Selling anything by shouting or by outcry
within any area of the Borough zoned primarily for residential uses,
except by permit.
K.
Impulsive sources. The use of explosives or the firing
of guns or other explosive devices without first obtaining a permit,
as required by law.
L.
Power equipment. 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 10:00 p.m. and 7:00 a.m. the
following day.
M.
Nothing herein shall limit the Borough's ability to prohibit certain matters, things, conditions or acts as established pursuant to Chapter 188, Laws of 1950 (N.J.S.A. 26:3-69.1 et seq.), a copy of which is annexed hereto and made a part hereof without the inclusion of the text thereof herein.
N.
Allowing overhead public utility wires to fall or hang loosely from
utility poles, or to permit the wires to lie in public streets or
sidewalks or to wind and secure utility wires to hang onto objects
other than a utility pole.
[Added 10-7-2013 by Ord. No. 2013-11]
A.
Whenever a nuisance as declared by this chapter is
found on any plot of land, lot, right-of-way or any other private
premises or place, notice in writing by registered and regular mail
shall be given to the owner thereof to remove or abate the same within
such time as shall be specified therein, but not less than five days
from the date of service thereof. A duplicate of the notice shall
be left with one or more of the tenants or occupants of the premises
or place. If the owner resides out of the state or cannot be so notified
immediately, such notice shall be left at that place or premises with
the tenant or occupant thereof, or posted on the premises, and such
action shall be considered proper notification to the owner, tenant
or occupant thereof. Where addresses are available for out-of-state
owners, the Borough shall also provide notice to that address indicated.
Where an owner's whereabouts is unknown or not ascertainable, the
notice shall be served by publishing it once in the Borough representative
newspaper and posted on the premises.
B.
Whenever a nuisance, as declared by this chapter,
is found on any public property or on any highway or on any other
public premises or place, notice in writing shall be given to the
person in charge thereof to remove or abate the same within such time
as shall be specified therein. If such person fails to comply with
such notice within the time specified therein, the Borough may remove
or abate such nuisance in the manner as hereinafter provided in the
case of a right condition existing on a private premises or place.
C.
If the owner, tenant or occupant, upon being notified
as provided by this section, shall not comply with such notice within
the time specified therein and fails to remove or abate such nuisance,
the Borough shall proceed to abate the nuisance or may file action
to cause it to be removed or abated by such means as said Borough
shall deem proper.
The Borough may initiate an action at law to
recover costs incurred by it in the removal or abatement of any nuisance
as declared by this chapter from any person who shall have caused
or allowed such nuisance to exist, or from any owner, tenant or occupant
of premises who, after notice and notification is herein provided,
shall fail to remove and abate the same within the time specified
in such notice. In addition, the Borough shall have the right to place
a municipal lien against the premises for the cost of removal or abatement
of such nuisance. A detailed statement of such costs shall be filed
with the Tax Assessor and Collector and a copy forwarded to the owner
of the premises by registered mail. Any owner or party in interest
may, within 60 days from the date of the filing of the municipal lien
certificate, proceed in a summary manner in the Superior Court to
contest the reasonableness of the amount or accuracy of the costs
in said lien certificate.
A.
The provisions of this Ordinance shall be enforced
by the noise control officers.
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 Ordinance; and
(4)
Grant permits for variances provided the variances
are consistent with regulations concerning noise control promulgated
by the New Jersey Department of Environmental Protection, N.J.A.C.
7:29.
[Amended 5-28-2003 by Ord. No. 2003:7]
C.
The noise control administrator shall consult with
the airport proprietor to recommend changes in airport operations
to minimize any noise, which the airport owner may have the authority
to control in its capacity as proprietor. The noise control administrator
shall report on his/her efforts to the governing body.
D.
A person shall be qualified to be a noise control
officer if the person has satisfactorily completed any of the following:
E.
Noise measurements made by noise control officers
shall be taken according to procedures specified by N.J.A.C. 7:29B.[1]
[Amended 5-28-2003 by Ord. No. 2003:7]
[1]
Editor's Note: N.J.A.C. 7:29B, Noise Determination, is reserved.
The rules in the chapter were adopted and recodified to N.J.A.C. 7:29-2
by R.1993, d.301, effective 6-21-1993.
A.
All departments and agencies of the County of Camden
shall carry out its programs according to law and shall cooperate
with the noise control administrator in the implementation and enforcement
of this ordinance.
B.
All departments charged with new projects or changes
to existing projects that may result in the production of noise shall
consult with the noise control administrator prior to the approval
of such projects to insure that such activities comply with the provisions
of this Ordinance.
A.
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 § 226-7B.
B.
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 (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
the different land use categories.
|
Table I
| |||
|---|---|---|---|
|
Receiving Land Use Category
|
Time
|
Sound Pressure Level Limit
[db (A)]
| |
|
Residential, open space, agricultural, or institutional
|
7:00 a.m. to 10:00 p.m.
10:00 p.m. to 7:00 a.m.
|
65
50
| |
|
Commercial or business
|
At all times
|
65
| |
|
Industrial or manufacturing
|
At all times
|
75
| |
A.
Approval for commercial or industrial land use. No
new commercial or industrial construction shall be approved unless
it can be shown that the construction will meet § 47-7 of
this chapter for land use categories existing at the time of construction.
B.
Zoning changes; restrictions. No zoning change, adjustment,
variance or exception, which affects the land use categories, will
be permitted unless the use to be allowed will not violate the provisions
of this chapter.
The provisions of this Ordinance shall not apply
to:
A.
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
a public calamity shall not be subject to the provisions of this chapter.
Nothing in this section 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 stationary emergency signaling devices shall be for emergency
use only.
B.
The emission of sound in situations within the jurisdiction
of the federal Occupational Safety and Health Act.
C.
Noise from municipally sponsored or approved celebrations
or events shall be exempt from the provisions of this Ordinance.
A.
Issuance of summons. Violation of any provision of
this Ordinance shall be cause for a summons and complaint to be issued
by the noise control officer or any other individual authorized by
law, in accordance with procedures set forth herein.
B.
Abatement orders.
(1)
Except as provided in Subsection B(2), in lieu of issuing a summons and complaint as provided herein, the noise control officer may issue an order requiring abatement of any source of sound alleged to be in violation of this Ordinance within a reasonable time period (ten days) 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 Ordinance, or
if the noise control officer has reason to believe that there will
not be compliance with the abatement order.
C.
Violations and penalties.
[Amended 5-28-2003 by Ord. No. 2003:7]
(1)
Any person who violates any provision of this chapter shall be subject to a penalty for each offense in a sum not less than $100 and not more than $3,000 as provided in Subsection C(3).
(2)
If the violation is of a continuing nature, each day
during which it occurs shall constitute an additional separate and
distinct offense.
(3)
A person violating the provisions of this chapter
shall be subject to a fine of $100 to $500 for a first offense, $500
to $1,000 for a second offense, $1,000 to $3,000 for a third offense,
and $3,000 for each offense thereafter.
