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[1] when measured at or within the real property line of the receiving property, except as provided in Subsection B of this section.
[1]
Editor's Note: Table I is included at the end of this chapter.
B.
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.
The following shall be excluded from the provisions
of this chapter:
A.
Noise from domestic power tools, lawn mowers and agricultural
equipment when operated with a muffler between the hours of 8:00 a.m.
to 8:00 p.m. on weekdays and 9:00 a.m. to 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 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 Maximum Permissible Sound Levels,
Table I, of this chapter.[1]
[1]
Editor's Note: Table I is included at the end of this chapter.
D.
Noise from snow blowers, snow throwers and snowplows
when operated with a muffler for the purpose of snow removal.
E.
Noise from stationary emergency signaling devices
that conform 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.
G.
Planned and/or emergency road work performed by the Borough of Palisades Park, the County of Bergen, or the State of New Jersey, or by an authorized contractor, agent, or member of the public entities, for the demolition, alteration, repair, or excavation of streets, roads, bridges, and underpasses anywhere within the Borough of Palisades Park. However, if, in the opinion of the Construction Official or his designee, reasonable effort is not utilized to diminish noise levels, this exclusion shall not apply, and the offending entity or its contractors, agents or employees shall conform to all requirements pertaining to noise contained in Chapter 191 of the Code of the Borough of Palisades Park.
[Added 8-21-2012 by Ord. No. 1580]
A.
No person shall cause, suffer, allow or permit to
be made verbally or mechanically any noise disturbance. Noncommercial
public speaking and public assembly activities conducted on any public
space or public right-of-way shall be exempt from the operation of
this section.
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
continuously for 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; or the pneumatic
or pumped loading or unloading of bulk materials in liquid, 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, between the hours of 8:00 p.m. and 8:00 a.m. the following
day, when the latter is a weekday, and between the hours of 6:00 p.m.
and 9:00 a.m. the following day, when the latter is a legal holiday
or a weekend day, except by permit, when the sound therefrom creates
a noise disturbance across a residential real property line.
(5)
Standing motor vehicles. Operating or permitting the
operation of any motor vehicle whose manufacturers' 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.
(6)
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 8:00 a.m. the following day on weekdays or at any time on
weekends or legal holidays, provided that such equipment is equipped
with a functioning muffler, except:
A.
B.
Noise from municipally sponsored or approved celebrations
or events shall be exempt from the provisions of this chapter.
A.
Any person who owns or operates any stationary 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/her
client or the public if the permit of variance is not granted.
(3)
The nature and intensity of noise that occurs during
the period of the variance.
(4)
The section or sections of this chapter for which
the permit of variance shall apply.
(5)
A description of interim noise control measures to
be taken by the applicant to minimize noise and the impact occurring
therefrom.
(6)
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 $50 to cover expenses resulting from the processing of the
permit variance application.
E.
The Noise Control Administrator may, at his/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
that compliance with this chapter would impose an 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 the best practical
noise control measures.
