Chapter 65. Noise

Chapter 65 NOISE

§ 65-1. Definitions.

§ 65-2. Restrictions on industrial or commercial operations.

§ 65-3. Stationary emergency signaling devices.

§ 65-4. Exceptions.

§ 65-5. Performance test principle.

§ 65-6. Violations and penalties.

§ 65-7. Repealer.

§ 65-8. Severability.

§ 65-9. When effective.

[HISTORY: Adopted by the Township Council of the Township of Gloucester 12-28-79 as Ord. No. 0-79-43. Amendments noted where applicable.]

Be it ordained by the Township Council of the Township of Gloucester, in the County of Camden and State of New Jersey, as follows:

§ 65-1. Definitions.

As used in this ordinance, the following terms shall have the meanings indicated:

COMMERCIAL MOTOR VEHICLE OPERATION - Any facility or property used primarily for the dispatching, garaging, servicing, maintaining, selling or leasing of any truck registered at a gross weight in excess of six thousand (6,000) pounds, omnibus, tractor, trailer, semitrailer, poletrailer or any vehicle registered in this state engaged in interstate com­merce, which is now or hereafter subject to regulation and license by the Interstate Commerce Commission and/or the Bureau of Motor Carrier Safety of the Federal Highway Adminis­tration.

COMMERCIAL OPERATION - Any facility or property used for the purchase or utilization of goods, services or land or its facilities, including but not limited to:

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.

CONTINUOUS AIRBORNE SOUND - Sound that is measured by slow response setting of the sound-level meter.

dBA - The measured sound level expressed in dB when using the A-weighted network of the sound-level meter.

DECIBEL - A unit for measuring the volume of a sound, equal to the logarithm of the ratio of the sound pressure of the sound to the sound pressure of a standard sound (.0002 microbar); abbreviated dB.

EMERGENCY ENERGY RELEASE DEVICE - Emergency safety devices expressly used to release excess energy which do not have regularly scheduled operation. Process control devices are not to be considered emergency devices.

FREQUENCY - The number of oscillations per second; expressed in hertz (abbreviated Hz).

IEC - International Electrotechnic Commission.

IMPULSIVE SOUND - Either a single pressure peak or a single burst (multiple pressure peaks) for a duration of less than one (1) second.

IMPULSIVE SOUND LEVEL - The maximum instantaneous sound pressure level measured by an impulse sound-level meter meeting IEC Publication 179 or the latest revision thereof.

INDUSTRIAL OPERATION - Any facility or property used for the following:

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 as defined herein.

B. The production and fabrication of durable and non-durable man-made goods.

OCTAVE BAND SOUND PRESSURE LEVEL - Sound pressure level measured in standard octave bands with a sound-level meter and octave band analyser that meet ANSIS 1.4 and S1.11 or the latest revision thereof.

PERSON - Any individual, public or private corporation, political subdivision, governmental agency, department or bureau of the state, municipality, industry, copartnership or association.

RESIDENTIAL PROPERTY - Property used for human habitation, including but not limited to the following:

A. Commercial living accommodations and commercial property used for human habitation.

B. Recreational and entertainment property used for human habitation.

C. Community service property used for human habitation.

RESIDENTIAL USAGE (Added 11-10-80 by Ord. 0-80-42) - Any facility or property primarily used for human habitation, including but not limited to the following:

A. Commercial living accommodations and commercial property used for human habitation.

B. Recreational and entertainment property used for human habitation.

C. Community service property used for human habitation.

SOUND LEVEL - The measured level of a sound, expressed in dB re 0.0002 microbar, obtained using a sound-level meter. Sound levels include all factors inherent in measuring with a sound-level meter, including microphone frequency response, amplifier characteristics, meter damping, observer effects and weighting networks.

SOUND PRESSURE LEVEL - The "sound pressure level," in deci­bels, of a sound is twenty (20) times the logarithm to the base ten (10) of the ratio of the pressure of the sound to the reference sound pressure. "Sound pressure level" is measured with a sound-level meter meeting ANSI S 1.4 or the latest revision thereof.

STATIONARY EMERGENCY SIGNALING DEVICE - 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.

§ 65-2. Restrictions on industrial or commercial operations.

(Amended 11-10-80 by Ord. No. 0-80-42.­)

Upon the effective date of this ordinance, no person shall cause, suffer, allow or permit sound from any industrial operation, commercial operation, commercial motor vehicle operation or residential usage which, when measured at any residential property line, is in excess of the following:

A. From 7:00am to 10:00pm.

1. Continuous airborne sound which has a sound level in excess of sixty-five (65) dBA; or

2. Continuous airborne sound which has an octave-band sound-pressure level in decibels which exceeds the values listed below in one (1) or more octave bands:

OR

3. Impulsive sound in the air which has an impulsive sound level in excess of eighty (80) decibels.

B. From 10:00pm to 7:00am.

1. Continuous airborne sound which has a sound level in excess of fifty (50) dBA.

2. Continuous airborne sound which has an octave band sound pressure level in decibels which exceeds the values listed below in one (1) or more octave bands.

3. Impulsive sound in air which has an impulsive sound level in excess of eighty (80) decibels.

§ 65-3. Stationary emergency signaling devices.

Upon the effective date of this ordinance:

A. Testing of only the electromechanical functioning of a stationary emergency signaling device shall occur at the same time each day that a test is performed, but not before 8:00am or after 8:00pm. Any such testing shall only use the minimum-cycle test time. In no case shall such test time exceed ten (10) seconds.

B. Testing of the complete emergency signaling system, including the electromechanical functioning of the signaling device and the personnel response to the signal, shall not occur more than once in each calendar month. Such testing shall not occur before 8:00am or after 8:00pm. The second time limit on the electromechanical functioning of the signaling device shall not apply to such system testing.

C. Stationary emergency signaling devices shall be used only for testing in compliance with applicable provisions of these regulations and for emergency purposes where personnel and equipment are mobilized.

§ 65-4. Exceptions.

The operational performance standards established in this ordinance shall not apply to any of the following noise sources:

A. Agriculture.

B. Bells, chimes or carillons while being used in conjunc­tion with religious services.

C. Emergency energy release devices.

D. Emergency work to provide electricity, water or other public utilities when public health or safety are in­volved.

E. Motor vehicle racetracks.

F. National Warning System (NAWAS) used to warn the communi­ty of attack or imminent public danger such as flooding or explosion. These systems are controlled by the New Jersey Civil Defense and Disaster Control Agency.

G. Noise of aircraft flight operations.

H. Public celebrations.

I. Public roadways.

J. Surface carriers engaged in commerce by railroad.

K. The unamplified human voice.

L. Use of explosive devices. These are regulated by the New Jersey Department of Labor and Industry under the 1960 Explosives Act (N.J.R.S. 21:1A-1 to 21:1A-127.)

§ 65-5. Performance test principle.

For the purposes of measuring sound in accordance with the applicable provisions of these regulations, test equipment methods and procedures shall conform to standards as published by the New Jersey Department of Environmental Protection or its approved equivalent.

§ 65-6. Violations and penalties.

Any person, partnership or corporation who or which shall violate the provisions of this ordinance shall, upon conviction thereof in a summary proceeding, be sentence to pay a fine of not more than five hundred dollars ($500.). In default of payment of of the fine, such person, the members of such partnership or the officers of such corporation shall be liable to imprisonment for not more than sixty (60) days.

§ 65-7. Repealer.

All ordinances and provisions thereof inconsistent with the provisions of this ordinance shall be and are hereby repealed to the extent of such inconsistency.

§ 65-8 Severability.

If any Article, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be unconstitu­tional or invalid, such decision of invalidity shall not affect the remaining portions or provisions of this ordinance.

§ 65-9. When effective.

This ordinance shall take effect immediately after final passage and publication in accordance with the laws of the State of New Jersey.