[HISTORY Adopted by the Township Council
of the Township of Medford 7-5-2016 by Ord. No. 2016-5.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also superseded former Ch. 102,
Noise, adopted 4-20-1981 by Ord. No. 1981-13, as amended.
A.Â
Whereas excessive sound is a serious hazard to the public health,
welfare, safety, and the quality of life; and, whereas a substantial
body of science and technology exists by which excessive sound may
be substantially abated; and, whereas the people have a right to,
and should be ensured of, an environment free from excessive sound.
B.Â
Now therefore, it is the policy of the Medford Township to prevent
excessive sound that may jeopardize the health, welfare, or safety
of the citizens or degrade the quality of life.
C.Â
This chapter shall apply to the control of sound originating from
sources within Medford Township.
The following words and terms, when used in this chapter, shall
have the following meanings, unless the context clearly indicates
otherwise. Terms not defined in this chapter have the same meaning
as those defined in N.J.A.C. 7:29.
Any site preparation, assembly, erection, repair, alteration,
or similar action of buildings or structures.
The sound level as measured using the "C" weighting network
with a sound level meter meeting the standards set forth in ANSI S1.4-1983
or its successors. The unit of reporting is dB(C). The "C" weighting
network is more sensitive to low frequencies than is the "A" weighting
network.
Any dismantling, destruction, or removal of buildings, structures,
or roadways.
The New Jersey Department of Environmental Protection.
Any work or action necessary at the site of an emergency
to restore or 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, dredging navigational waterways, or abating life-threatening
conditions or a state of emergency declared by a governing agency.
Either a single pressure peak or a single burst (multiple
pressure peaks) that has a duration of less than one second.
A violation that is not the result of the purposeful, reckless,
or criminally negligent conduct of the alleged violator; and/or the
activity or condition constituting the violation has not been the
subject of an enforcement action by any authorized local, county,
or state enforcement agency against the violator within the immediately
preceding 12 months for the same or substantially similar violation.
Any vehicle that is propelled other than by human or animal
power on land.
A properly functioning sound dissipative device or system
for abating the sound on engines or equipment where such device is
part of the normal configuration of the equipment.
Any building comprising two or more dwelling units, including,
but not limited to, apartments, condominiums, co-ops, multiple-family
houses, townhouses, and attached residences.
Any distinct parcel of land that is used for more than one
category of activity. Examples include, but are not limited to, the
following:
A commercial, residential, industrial, or public service property
having boilers, incinerators, elevators, automatic garage doors, air
conditioners, laundry rooms, utility provisions, or health and recreational
facilities, or other similar devices or areas, either in the interior
or on the exterior of the building, which may be a source of elevated
sound levels at another category on the same distinct parcel of land;
or
A building, which is both commercial (usually on the ground
floor) and residential property, located above, below or otherwise
adjacent to.
An employee of a municipality, county, or regional health
commission that has a Department-approved noise control ordinance
and the employee has not received noise enforcement training as specified
by the Department in N.J.A.C. 7:29. However, they are knowledgeable
about their noise control ordinance and enforcement procedures. An
NCI may only enforce sections of the ordinance that do not require
the use of a sound level meter. The employee must be acting within
his or her designated jurisdiction and must be authorized to issue
a summons.
An employee of a local, county, or regional healthy agency
which is certified pursuant to the County Environmental Health Act,
N.J.S.A. 26:3A2-21 et seq., to perform noise enforcement activities
or an employee of a municipality with a Department-approved noise
control ordinance. All NCOs must receive noise enforcement training
as specified by the Department in N.J.A.C. 7:29 and be currently certified
in noise enforcement. The employee must be acting within his or her
designated jurisdiction and must be authorized to issue a summons.
Any sound that can be detected by an NCO or an NCI using
his or her unaided hearing faculties of normal acuity. As an example,
if the sound source under investigation is a portable or vehicular
sound amplification or reproduction device, the detection of the rhythmic
bass component of the music is sufficient to verify plainly audible
sound. The NCO or NCI need not determine the title, specific words,
or the artist performing the song.
Any street, avenue, boulevard, road, highway, sidewalk, alley,
or easement that is owned, leased, or controlled by a nongovernmental
entity.
Any street, avenue, boulevard, road, highway, sidewalk, alley,
or easement 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.
Either a) the vertical boundary that separated one parcel
of property (i.e., block and lot) from another residential or commercial
property; b) the vertical and horizontal boundaries of a dwelling
unit that is part of a multi-dwelling-unit building; or c) on a multi-use
property as defined herein, the vertical or horizontal boundaries
between the two portions of the property on which different categories
of activity are being performed [e.g., if the multi-use property is
a building which is residential upstairs and commercial downstairs,
then the real property line would be the interface between the residential
area and the commercial area, or if there is an outdoor sound source
such as a heating, ventilation, and/or air-conditioning ("HVAC") unit
on the same parcel of property, the boundary line is the exterior
wall of the receiving unit]. Note: This definition shall not apply
to a commercial source and a commercial receptor which are both located
on the same parcel of property (e.g., a strip mall).
Any device whose primary function is the production of sound,
including, but not limited to, any musical instrument, loudspeaker,
radio, television, digital or analog music player, public address
system, or sound-amplifying equipment.
Any device, such as a muffler, baffle, shroud, jacket, enclosure,
isolator, or dampener provided by the manufacturer with the equipment,
or that is otherwise required, that mitigates the sound emissions
of the equipment.
Any day that is not a federal holiday, beginning on Monday
at 7:00 a.m. and ending on the following Friday at 6:00 p.m.
Beginning on Friday at 6:00 p.m. and ending on the following
Monday at 7:00 a.m.
A.Â
This chapter applies to sound from the following property categories:
B.Â
This chapter applies to sound received at the following property
categories:
C.Â
Sound from stationary emergency signaling devices shall be regulated
in accordance with N.J.A.C. 7:29-1.4, except that the testing of the
electromechanical functioning of a stationary emergency signaling
device shall not meet or exceed 10 seconds.
A.Â
Except as provided in §§ 102-9 and 102-10, below, the provisions of this chapter shall not apply to the exceptions listed at N.J.A.C. 7:29-1.5 and set forth here at length:
(1)Â
Agricultural activities;
(2)Â
Bells, chimes or carillons, which may include electronic devices
that imitate the sounds of bells, chimes or carillons, while being
used in conjunction with religious services;
(3)Â
Emergency energy release devices;
(4)Â
When public health or safety is involved, emergency work to provide
electricity, water, or other public utilities, to conduct emergency
construction or demolition work, to make emergency repairs to public
roadways or bridges, to address emergency incidents such as the cleanup
of spills of hazardous materials, or, upon written approval of the
authorized enforcement agency, to utilize sound producing devices
to relocate wildlife;
(5)Â
Motor vehicle racetrack facilities engaged in the racing of motor
vehicles;
(6)Â
National Warning System ("NAWAS"): system(s) used to warn the community
of attack or imminent public danger such as flooding or explosion
which are controlled by the New Jersey Department of Law and Public
Safety;
(7)Â
Noise of aircraft flight operations;
(8)Â
Public celebrations that are government-sponsored or government-permitted
events;
(9)Â
Public roadways;
(10)Â
Surface carriers engaged in commerce by railroad when the noise
sources in question are trains in motion, operating retarders, train
horns and whistles, or performing locomotive load test cell stands;
(11)Â
The unamplified human voice;
(13)Â
Normal operations of a handgun, rifle, shotgun, skeetshooting,
or trapshooting range which has been maintained continuously in the
same location since January 24, 1972; or
(14)Â
Emergency electricity generators at an industrial, commercial,
or community service facility in use during an electrical outage.
B.Â
Sounds production devices required or sanctioned under the Americans
with Disabilities Act ("ADA"), Federal Emergency Management Agency
("FEMA"), or other government agencies to the extent that they comply
with the noise requirement of the enabling legislation or regulation.
Devices which are exempted under N.J.A.C. 7:29-1.5 shall continue
to be exempted.
A.Â
NCOs shall have the authority within their designated jurisdiction
to investigate suspected violations of any section of this chapter
and pursue enforcement activities.
B.Â
NCIs shall have the authority within their designated jurisdiction
to investigate suspected violations of any section of this chapter
that do not require the use of a sound level meter (i.e., plainly
audible, time of day, and/or distance determinations) and pursue enforcement
activities.
C.Â
NCOs and NCIs may cooperate with NCOs and NCIs of an adjacent municipality
in enforcing one another's municipal noise control ordinances.
A.Â
Sound measurements made by an NCO shall conform to the procedures set forth at N.J.A.C. 7:29-2, except that interior sound level measurements shall also conform with the procedures set forth in § 102-6B, below, together with the definition of "real property line" as contained herein.
B.Â
When conducting indoor sound level measurements across a real property
line, the measurements shall be taken at least three feet from any
wall, floor, or ceiling and all exterior doors and windows may, at
the discretion of the investigators, be closed. The neighborhood residual
sound level shall be measured in accordance with N.J.A.C. 7:29-2.9(b)2.
When measuring total sound level, the configuration of the windows
and doors shall be the same and all sound sources within the dwelling
unit must be shut off (e.g., television, stereo). Measurements shall
not be taken in areas which receive only casual use, such as hallways,
closets, and bathrooms.
A.Â
No person shall cause, suffer, allow, or permit the operation of any source of sound on any source property listed in § 102-3A, above, in such a manner as to create a sound level that equals or exceeds the sound level limits set forth in Tables I, II, or III, below, when measured at or within the real property line of any of the receiving properties listed in Tables I, II, or III, below, except as specified in § 102-6B, above.
B.Â
Impulsive sound. Between 7:00 a.m. and 10:00 p.m., impulsive sound
shall not equal or exceed 80 decibels. Between 10:00 p.m. and 7:00
a.m., impulsive sound which occurs less than four times in any hour
shall not equal or exceed 80 decibels. Impulsive sound which repeats
four or more times in any hour shall be measured as continuous sound
and shall meet the requirements as shown in Tables I and II, below.
Table I
Maximum Permissible A-Weighted Sound Levels When Measured Outdoors
| |||
---|---|---|---|
Receiving property category
|
Residential Property or Residential Portion of a Multi-Use Property
|
Commercial Facility, Public Service Facility, Nonresidential
Portion of a Multi-Use Property, or Community Service Facility
| |
Time
|
7:00 a.m. to 10:00 p.m.
|
10:00 p.m. to 7:00 a.m.
|
24 hours
|
Maximum A-weighted sound level standard, dB
|
65
|
50
|
65
|
Table II
Maximum Permissible A-Weighted Sound Levels When Measured Indoors
| |||
---|---|---|---|
Receiving Property Category
|
Residential Property or Residential Portion of a Multi-Use Property
|
Commercial Facility or Nonresidential Portion of a Multi-Use
Property
| |
Time
|
7:00 a.m. to 10:00 p.m.
|
10:00 p.m. to 7:00 a.m.
|
24 hours
|
Maximum A-weighted sound level standard, dB
|
55
|
40
|
55
|
Table III
Maximum Permissible Octave Band Sound Pressure Levels in Decibels
| ||||||
---|---|---|---|---|---|---|
Receiving Property Category
|
Residential Property or Residential Portion of a Multi-Use Property
|
Residential Property or Residential Portion of a Multi-Use Property
|
Commercial Facility, Public Service Facility, Nonresidential
Facility or Nonresidential Portion of a Multi-Use Property, or Community
Service Facility
|
Commercial Facility or Nonresidential Portion of a Multi-Use
Property
| ||
Outdoors
|
Indoors
|
Outdoors
|
Indoors
| |||
Octave Band Center Frequency, Hz.
|
Octave Band Sound Pressure Level, dB
|
Octave Band Sound Pressure Level, dB
|
Octave Band Sound Pressure Level, dB
| |||
Time
|
7:00 a.m. to 10:00 p.m.
|
10:00 p.m. to 7:00 a.m.
|
7:00 a.m. to 10:00 p.m.
|
10:00 p.m. to 7:00 a.m.
|
24 hours
|
24 hours
|
31.5
|
96
|
86
|
86
|
76
|
96
|
86
|
63
|
82
|
71
|
72
|
61
|
82
|
72
|
125
|
74
|
61
|
64
|
51
|
74
|
64
|
250
|
67
|
53
|
57
|
43
|
67
|
57
|
500
|
63
|
48
|
53
|
38
|
63
|
53
|
1,000
|
60
|
45
|
50
|
35
|
60
|
50
|
2,000
|
57
|
42
|
47
|
32
|
57
|
47
|
4,000
|
55
|
38
|
43
|
28
|
53
|
43
|
8,000
|
53
|
38
|
43
|
28
|
53
|
43
|
NOTE: When octave measurements are made, the sound from the
source must be constant in level and character. If octave band sound
pressure level variations exceed plus or minus two dB in the bands
containing the principal source frequencies, discontinue the measurements.
|
No person shall cause, suffer, allow, or permit the operation of any sound production device in such a manner that the sound crosses a property line and raises the total sound levels above the neighborhood residual sound level by more than the permissible sound level limits set forth in Table IV, below, when measured within the residence of a complainant according to the measurement protocol in § 102-6B, above. These sound level measurements shall be conducted with the sound level meter set for "C" weighting, "fast" response.
Table IV
Maximum Permissible Increase in Total Sound Levels Within a
Residential Property
| |
---|---|
Weeknights
(10:00 p.m. to 7:00 a.m.)
and
Weekend Nights
(11:00 p.m. to 9:00 a.m.)
|
All Other Times
|
3 dB(C)
|
6 dB(C)
|
The following standards shall apply to the activities or sources
of sound set forth below:
A.Â
Excluding emergency work, power tools, home maintenance tools, landscaping
and/or yard maintenance equipment used by a residential property owner
or tenant shall not be operated between the hours of 8:00 p.m. and
8:00 a.m., unless such activities can meet the applicable limits set
forth in Table I, II, or III, above. At all other times, the limits
set forth in Tables I, II, or III, above, do not apply. All motorized
equipment used in these activities shall be operated with a muffler
and/or sound reduction device.
B.Â
Excluding emergency work, power tools, landscaping and/or yard maintenance
equipment used by nonresidential operators (e.g., commercial operators,
public employees) shall not be operated on a residential, commercial,
industrial, or public property (e.g., golf course, parks, athletic
fields) between the hours of 6:00 p.m. and 8:00 a.m. on weekdays,
or between the hours of 6:00 p.m. and 9:00 a.m. on weekends or federal
holidays, unless such activities can meet the limits set forth in
Tables I, II, or III, above. At all other times, the limits set forth
in Tables I, II, or III, above, do not apply. All motorized equipment
used in these activities shall be operated with a muffler and/or sound
reduction device.
C.Â
Construction and demolition noise.
(1)Â
All construction and demolition activity, excluding emergency work,
shall not be performed on Sunday, or between the hours of 6:00 p.m.
and 7:00 a.m. on weekdays, or between the hours of 5:00 p.m. and 9:00
a.m. on Saturday and federal holidays, unless such activities can
meet the limits set forth in Table I, II, or III, above. At all other
times, the limits set forth in Tables I, II, or III, above, do not
apply. All motorized equipment used in construction and demolition
activity shall be operated with a muffler and/or sound reduction device,
and the operation of any commercial or industrial pile drivers, jackhammers,
steam shovels, bulldozers or other earth-moving machinery, derricks,
steam or electric hoist or other appliances shall be permitted only
between the hours of 7:00 a.m. and 6:00 p.m. on weekdays and between
the hours of 9:00 a.m. and 5:00 p.m. on Saturdays. The operation of
this equipment is prohibited on Sundays. Nothing herein shall prevent
the occupant or owner of the premises from making or causing to be
made repairs or improvements to, on or about the occupant's or
owner's premises on Sunday, provided that such activities can
meet the limits set forth in Table I, II, or III, above.
(2)Â
Where urgent necessity, in the interest of public health, safety
and welfare, requires such activities to take place during hours other
than those specifically permitted herein, or on Sundays, same may
be accomplished, but only after a permit from the Township's
Construction Official has been secured. Said permit may be granted
for a period not to exceed three days and only while the emergency
continues. The permit may be renewed for periods of three days or
less while the emergency continues. In addition, if the Township's
Code Enforcement Official determines that the public health, safety
and welfare will not be impaired by the erection, demolition or repair
of any building or the excavation of streets and highways between
the hours of 6:00 p.m. and 7:00 a.m. during weekdays and between the
hours of 6:00 p.m. Friday and 9:00 a.m. Saturday or after 5:00 p.m.
on Saturday and before 7:00 a.m. Monday, and if he or she shall further
determine that substantial loss or inconvenience would be suffered
by any party if the ability to engage in such activities was denied,
he or she may grant permission for such work to be done during hours
otherwise prohibited herein upon application being made at the time
the permit for said work is awarded or during the progress of the
work.
D.Â
Motorized snow removal equipment shall be operated with a muffler
and/or sound reduction device when being used for snow removal. At
all other times, the limits set forth in Tables I, II, or III, above,
do not apply.
E.Â
All interior and exterior burglar alarms of a building or motor vehicle
must be activated in such a manner that the burglar alarm terminates
its operation within five minutes for continuous airborne sound and
15 minutes for intermittent sound after it has been activated. At
all other times, the limits set forth in Tables I, II, and III, above,
do not apply.
F.Â
Self-contained, portable, nonvehicular music or sound production
devices shall not be operated on a public space or public right-of-way
in such a manner as to be plainly audible at a distance of 50 feet
in any direction from the operator between the hours of 8:00 a.m.
and 10:00 p.m. Between the hours of 10:00 p.m. and 8:00 a.m., sound,
operated on a public space or public right-of-way, from such equipment
shall not be plainly audible at a distance of 25 feet in any direction
from the operator.
G.Â
Animal noise.
(1)Â
It shall be unlawful for any property owner or tenant to allow any
domesticated or caged animal to create a sound across a real property
line which unreasonably disturbs or interferes with the peace, comfort,
and repose of any resident, or to refuse or intentionally fail to
cease the unreasonable noise when ordered to do so by an NCO or NCI.
Prima facie evidence of a violation of this section shall include,
but not be limited to, the following:
(a)Â
Vocalizing (e.g., howling, yelping, barking, squawking, etc.)
for five minutes without interruption, defined as an average of four
or more vocalizations per minute in that period; or
(b)Â
Vocalizing for 20 minutes intermittently, defined as an average
of two vocalizations or more per minute in that period.
(2)Â
It is an affirmative defense under this subsection that the dog or
other animal was intentionally provoked to bark or make any other
noise.
Violations of each paragraph of this section shall be considered
purposeful and therefore nonminor violations.
A.Â
No person shall remove or render inoperative, or cause to be removed
or rendered inoperative or less effective than originally equipped,
other than for the purposes of maintenance, repair, or replacement,
any device or element of design incorporated in any motor vehicle
for the purpose of noise control. No person shall operate a motor
vehicle or motorcycle which has been so modified. A vehicle not meeting
these requirements shall be deemed in violation of this provision
if it is operated stationary or in motion in any public space or public
right-of-way.
B.Â
No motorcycle shall be operated stationary or in motion unless it
has a muffler that complies and is labeled in accordance with the
federal noise regulations under 40 CFR Part 205.
C.Â
Personal or commercial vehicular music amplification or reproduction
equipment shall not be operated in such a manner that is plainly audible
at a distance of 25 feet in any direction from the operator between
the hours of 10:00 p.m. and 8:00 a.m.
D.Â
Personal or commercial vehicular music amplification or reproduction
equipment shall not be operated in such a manner that is plainly audible
at a distance of 50 feet in any direction from the operator between
the hours of 8:00 a.m. and 10:00 p.m.
A.Â
Violation of any provision of this chapter shall be cause for a notice
of violation ("NOV") or a notice of penalty assessment ("NOPA") document
to be issued to the violator by the NCO or NCI.
B.Â
Any person who violates any provision of this chapter shall be subject
to a civil penalty for each offense of not more than the maximum penalty
pursuant to N.J.S.A. 40:49-5, which is $2,000 as of December 2014.
If the violation is of a continuing nature, each day during which
it occurs shall constitute an additional, separate, and distinct offense.
C.Â
Upon identification of a violation of this chapter, the NCO or NCI
shall issue an enforcement document to the violator. The enforcement
document shall identify the condition or activity that constitutes
the violation and the specific provision of this chapter that has
been violated. It shall also indicate whether the violator has a period
of time to correct the violation before a penalty is sought.
D.Â
If the violation is deemed by the NCO or NCI to be a minor violation, as defined in § 102-2, above, an NOV shall be issued to the violator.
(1)Â
The document shall indicate that the purpose of the NOV is intended
to serve as a notice to warn the responsible party/violator of the
violation conditions in order to provide them with an opportunity
to voluntarily investigate the matter and voluntarily take corrective
action to address the identified violation.
(2)Â
The NOV shall identify the time period (up to 90 days), pursuant
to the Grace Period Law, N.J.S.A 13:1d-125 et seq., where the responsible
party's/violator's voluntary action can prevent a formal
enforcement action with penalties issued by the Department of Code
Enforcement. It shall be noted that the NOV does not constitute a
formal enforcement action, a final agency action or a final legal
determination that a violation has occurred. Therefore, the NOV may
not be appealed or contested.
E.Â
If the violation is deemed by the NCO or NCI to be a nonminor violation,
the violator shall be notified that, if the violation is not immediately
corrected, a NOPA, together with a civil penalty of not more than
the maximum penalty allowed pursuant to N.J.S.A. 40:49-5, which is
$2,000 as of December 2014, will be issued. If a nonminor violation
is immediately corrected, an NOV, without a civil penalty, shall still
be issued to document the violation. If the violation occurs again,
within 12 months of the initial violation, a NOPA shall be issues
regardless of whether the violation is immediately corrected or not.
F.Â
The violator may request from the NCO or NCI an extension of the
compliance deadline in the enforcement action. The NCO or NCI shall
have the option to approve any reasonable request for an extension
(not to exceed 180 days) if the violator can demonstrate that a good
faith effort has been made to achieve compliance. If an extension
is not granted and the violation continues to exist after the grace
period ends, a NOPA shall be issued.
G.Â
The recipient of a NOPA shall be entitled to a hearing in a municipal
court having jurisdiction to contest such action.
H.Â
The NCO or NCI may seek injunctive relief if the responsible party
does not remediate the violation within the period of time specified
in the NOPA issued.
I.Â
Any claim for a civil penalty may be compromised and settled based
on the following factors:
A.Â
If any provision or portion of a provision of this chapter is held
to be unconstitutional, preempted by federal or state law, or otherwise
invalid by any court of competent jurisdiction, the remaining provisions
of the chapter shall not be invalidated.
B.Â
All ordinances or parts of ordinances which are inconsistent with
any provisions of this chapter are hereby repealed as to the extent
of such inconsistencies.
C.Â
No provision 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.