Criminal Defense Lawyer & Former Prosecutor

The Law Offices of Jonathan F. Marshall handles noise complaints and noise arrests in Brielle.   The borough ordinance for noise provides:

3-1 NOISE CONTROL.

3-1.1 Title.

This section shall be cited as the "Noise Control Regulations of the Borough of Brielle". (Ord. #235; Ord. #628; 1972 Code § 65-1)

3-1.2 Declaration of Findings and Policy.

Excessive noise is a serious hazard to the public health and welfare and the quality of life; and a substantial body of science and technology exists by which excessive noise may be substantially abated; and the people have the right to and should be ensured an environment free from noise that may jeopardize their health or welfare or degrade the quality of life. The necessity in the public interest for the provisions and prohibitions hereinafter contained and enacted is declared as a matter of legislative determination and public policy and the provisions and prohibitions hereinafter contained and enacted are in pursuance of an ordinance for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare, and the peace and quiet of the residents of the Borough of Brielle. Now, therefore, it is the policy of the Borough to prevent noise which may jeopardize the health or welfare of its citizens or degrade the quality of life. (Ord. #628; 1972 Code § 65-2)

3-1.3 Terminology and Standards.

All terminology used in this section, not defined below, shall be in conformance with applicable publications of the American National Standards Institute (ANSI) or its successor body. (Ord. #235; Ord. #628; 1972 Code § 65-1)

3-1.4 Definitions.

As used in this section:

A-Weighted Sound Pressure Level shall mean the sound pressure level as measured in decibels on a sound level meter using the A-weighting network. The level so read shall be designated dB(A) or dBA.

Ambient noise level shall mean the sound pressure level of the all-encompassing noise associated with a given environment, being usually a composite of sounds from many sources and/or the A-weighted sound pressure level exceeded ninety (90%) percent of the time/L90 based on a one (1) hour period.

Continuous noise shall mean a steady, fluctuating, or impact noise which exists, essentially without interruptions, for a period of one (1) hour, or more.

Cyclically-varying noise shall mean a steady, fluctuating, or impulsive noise which may or may not contain a pure tone, which varies in sound pressure level such that the same level is obtained repetitively at reasonably uniform intervals of time.

Decibel shall a logarithmic (dimensionless) unit of measure often used in describing the amplitude of sound. Decibel is denoted as "dB."

Department shall mean any municipal agency.

Device shall mean any mechanism which is intended to produce, or which actually produces noise when operated or handled.

Emergency work shall mean work made necessary to restore property to a safe condition following a public calamity, work to restore public utilities, or work required to protect persons or property from an imminent exposure to danger.

Emergency vehicle shall mean a motor vehicle used in response to a public calamity or to protect persons or property from imminent danger.

Fluctuating noise shall mean 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 characteristics of a sound level meter, and does not equal the previously existing ambient noise level more than once during the period of observation.

Motor vehicle shall mean any vehicles which are propelled or drawn by mechanical equipment, such as, but not limited to, passenger cars, trucks, truck-trailers, semi-trailers, campers, motorcycles, minibikes, go-carts, snowmobiles, amphibiocraft on land, dune buggies, or racing vehicles.

Motorboat shall mean any vehicles which are primarily operated on water, such as boats, barges, amphibious craft or hover craft, and which are at any time propelled by mechanical power.

Muffler shall mean any apparatus consisting of baffles, chambers, or acoustical absorbing materials whose primary purpose is to transmit liquids or gases while causing a reduction in sound emission at one end.

Noise shall mean sound which is unwanted or which causes or tends to cause an adverse psychological effect on human beings.

Noise disturbance shall mean any sound which annoys, disturbs or perturbs reasonable persons with normal sensitivities; or any sound which injures or endangers the comfort, repose, health, hearing, peace or safety of other persons.

Person shall mean individual, association, partnership, or corporation, and includes any officer, employee, department, agency or instrumentality of the United States, a state or any political sub-division of the state.

Plainly audible noise shall mean 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.

Powered model vehicles shall mean 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, rockets, and which can be propelled by mechanical means.

Property boundary shall mean an imaginary line at the ground surface, which separates the real property owned by one (1) person from that owned by another person, and its vertical extension.

Public right-of-way and Public space shall mean any street, avenue, boulevard, highway, alley, or public space which is owned or controlled by a public government entity.

Pure tone shall mean 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 (2) contiguous one-third octave bands by 5 dB for frequencies of 500 Hz and above, by 8 dB for frequencies between 160 and 400 Hz and by 16 dB for frequencies less than or equal to 125 Hz.

Repetitive impulsive noise shall mean any noise which is composed of impulsive noises that are repeated at sufficiently slow rates such that a sound level meter set at "fast" meter characteristic will show changes in sound pressure level greater than 2 dB(A).

Stationary emergency signaling devices shall mean 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.

Sound shall mean 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.

Sound Level Meter shall mean an instrument, which includes a microphone, amplifier, RMS detector, integrator or time averager, output meter and weighting networks used to measure sound pressure levels.

Sound pressure shall mean the instantaneous difference between the actual pressure and the average or barometric pressure at a given point in space.

Stationary noise source shall mean any device, fixed or movable, which is located or used on geographically defined, real property other than a public right-of-way.

Steady noise shall mean 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.

(Ord. #235; Ord. #628; 1972 Code § 65-4)

3-1.5 Enforcement and Authority.

It shall be the duty and responsibility of the Police Department of the Borough to enforce the provisions of this section. (Ord. #235; Ord. #628; 1972 Code § 65-5)

3-1.6 Method of Enforcement.

Violation of this section shall be cause for summons and complaint to be issued forthwith; provided, however, that if the noise source is not a motor vehicle moving on a public right-of-way, in lieu of a summons or complaint, enforcement personnel may issue a twenty-four (24) hour notice, in writing, which may be served personally or by certified mail to the last known address of the person or persons in charge of or in control of the device, building or premises to abate the violation of this section. Failure to comply with the order so issued and served shall constitute a violation of this section. (Ord. #235; Ord. #628; 1972 Code § 65-6)

3-1.7 Inspections and Records.

In order to implement the purposes of this section, the Police Department, the Code Enforcement Officer, Zoning Officer or any qualified operator of noise equipment approved by the Governing Body shall have the power to:

a. Conduct, or cause to be conducted, studies, research, and monitoring related to noise.

b. Conduct programs of public education regarding the causes and effects of noise but not giving specific advice for its abatement, and to encourage the participation of public interest groups in related public information efforts.

c. For reasonable cause and upon presentation of proper credentials, enter any building, property, premises, or place and inspect any noise source for the purpose of ascertaining the compliance or non-compliance with any provision of this ordinance, or have access to, and require the production of, books and papers pertinent to any matter under investigation.

d. Require the owner or operator of any noise source to establish and maintain records and make such reports as the Police Department may reasonably prescribe.

e. Require the owner or operator of any noise source to measure the noise emissions thereof in accordance with such methods and procedures and at such locations and times as the Police Department may reasonably prescribe.

(Ord. #235; Ord. #628; 1972 Code § 65-7)

3-1.8 Noise Prohibited; General Prohibitions.

It shall be unlawful for any person to make, continue, or cause to be made or continued or caused any excessive, or unusually loud noise, or create a noise disturbance within the limits of the Borough. (Ord. #235; Ord. #628; 1972 Code § 65-8)

3-1.9 Specific Prohibitions.

The following acts, among others, are declared to be loud, disturbing, or excessive noise in violation of this section, but these enumerations shall not be deemed to be exclusive, namely:

a. Radios, Television Sets and Similar Devices.

1. Operating or permitting the use or operation of any radio receiving set, musical instrument, television, phonograph, drum, or other device for the production or reproduction of sound, in such a manner as to cause a noise disturbance; or

2. Operating any such device between the hours of 10:00 p.m. and 8:00 a.m. the following day in such a manner as to be plainly audible across real property boundaries or through partitions common to two (2) parties within a building or plainly audible at fifty (50') feet from such device when operated within a motor vehicle parked on a public right-of-way or on a public space, or within a motorboat.

b. Exterior Loudspeakers. Using or operating any mechanical device or loudspeaker in a fixed or movable position exterior to any building, or mounted upon any aircraft, motor vehicle or motorboat such that the sound therefrom is plainly audible at or beyond the property boundary of the source, or on a public way between the hours of 10:00 p.m. and 8:00 a.m. the following day.

c. Loading Operations. Loading, unloading, opening or otherwise handling boxes, crates, containers, garbage cans, or otherwise similar objects between the hours of 6:00 p.m. and 7:00 a.m. during the week (Monday through Friday). Loading operations shall be prohibited between the hours of 8:30 a.m. and 3:30 p.m. on Saturday. No loading operations shall be permitted on Sunday.

d. Construction Noise. Operating or causing to be operated any equipment used by contractors in commercial or residential construction, repair, alteration or demolition work on buildings, structures, streets, alleys, or appurtenances thereto, in residential or commercial land use categories, at any time other than 8:30 a.m. and 5:00 p.m. weekdays and between 9:30 a.m. and 3:00 p.m. Saturdays. Nothing in this section shall be construed as to apply to any Federal, State or County agency, undertaking a construction project that is deemed to be in the public interest.

e. Vehicle Repairs or Testing. Repairing, rebuilding, modifying or testing any motor vehicle, off-road vehicle or motorboat in or near a residential use district in such a manner as to cause a noise disturbance or violate the provisions of subsection 3-1.11.

f. Places of Public Entertainment.

1. Operating, or permitting to be operating, any loudspeaker or other source of sound in any place of public entertainment which produces maximum levels of 90 dB(A) at any point that is normally occupied by a human being as read with the slow response on a sound level meter, without a conspicuous and legible sign located outside such place, near the entrance, stating "WARNING. SOUND ENVIRONMENT WITHIN MAY CAUSE TEMPORARY HEARING IMPAIRMENT WHICH MAY BECOME PERMANENT WITH CONTINUED EXPOSURE."

2. Owners of places of public entertainment shall also be directly responsible for any noises emanating from their property, outside of building, such as patio, parking lot, walkways, porches, but not limited thereto.

g. Powered Model Vehicles. Operating or permitting the operation of powered model vehicles between the hours of 8:00 p.m. and 8:00 a.m. the following morning. Maximum sound pressure levels during the permitted period of operation shall conform to those set forth in Table I of subsection 3-1.11 and shall be measured at the property boundary of the source or at a distance of one hundred (100') feet, if it is operated in a public place.

h. Refuse Compacting Vehicles. The operating or permitting the operation of any motor vehicle which can compact refuse and which creates, during the compacting cycle, a disturbing noise between the hours of 6:00 p.m. and 7:00 a.m. during the week (Monday through Friday). The operation of refuse compacting vehicles shall be prohibited on Saturday except during the period 8:30 a.m. to 3:30 p.m. The operation of such a vehicle on Sunday is prohibited.

i. Standing Motor Vehicles. Operating or permitting the operation of the motor of any motor vehicle whose manufacturer's gross weight is in excess of ten thousand (10,000) pounds or any attached auxiliary equipment for a period longer than three (3) minutes in any hour which such vehicle is stationary on a public right-of way in a residential district or in any designated quiet zone, or in or on private property in a residential or commercial zone and is not within a completely enclosed structure.

j. Bells and Alarms. The sounding or permitting the sounding of any exterior burglar alarm on any building or motor vehicle unless such burglar alarm shall terminate its operation within fifteen (15) minutes of its being activated. Any motor vehicle upon which a burglar alarm has been installed shall prominently display the telephone number at which communication may be made with the owner of such motor vehicle.

k. Stationary Emergency Signaling Devices. 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 7:00 a.m. or after 8:00 p.m. Any such testing shall only use the minimum cycle test time.

l. Power Tools; Garden Equipment. Operating, or permitting to be operated any powered saw, chain saw, sander, drill, grinder, garden equipment, lawn mower, leaf blower or tools of like nature, used primarily for domestic purposes, outdoors in residential zones at any time other than 9:00 a.m. and 7:00 p.m. weekdays and between 10:00 a.m. and 6:00 p.m. on Saturdays and between 11:00 a.m. and 5:00 p.m. on Sundays and holidays.

(Ord. #235; Ord. #628; 1972 Code § 65-9; New; Ord. #874; Ord. #940; Ord. #968; Ord. #973)

3-1.10 Emergency Exception.

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 section. 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 noise is clearly unnecessary. The use of stationary emergency signaling devices shall be for emergency use only. (Ord. #235; Ord. #628; 1972 Code § 65-10)

3-1.11 Noise Levels by Land Use.

Maximum Permissible Continuous Sound Pressure Levels. 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 different land use categories.

TABLE I

(Ord. #235; Ord. #628; 1972 Code § 65-11; Ord. #874)

3-1.12 Motor Vehicle Noise Levels.

Maximum Permissible Noise Levels of Motor Vehicles on Public Rights-of-Way. No person shall operate a motor vehicle on a public right-of-way at any time in such manner that the sound pressure level emitted by said vehicle exceeds the levels set forth in Table II when measured at the location established by subsection 3-1.13. This section shall apply to all motor vehicles, whether publicly or privately owned, that are duly licensed.

TABLE II

(Ord. #235; Ord. #628; 1972 Code § 65-12)

3-1.13 Measurement Distance.

For the purpose of subsection 3-1.12, the standard measurement height shall be four (4) feet (1.2 meters) and the standard horizontal measurement distance from the center line of the roadway being monitored shall be fifty (50') feet (15 meters). Whenever it is not feasible to use fifty (50') feet, the distance may be shortened to twenty-five (25') feet (7.5 meters), in which case the values in Table II of subsection 3-1.12 shall be increased by six (6) dB(A). (Ord. #235; Ord. #628; 1972 Code § 65-13)

3-1.14 Maximum Permissible Noise Levels for Vehicles Operating Off Public Rights-of-Way.

No person shall operate a power propelled vehicle or recreational device off a public right-of-way in such manner that the sound pressure level emitted therefrom exceeds the limits set forth in Table III when measured at the locations set forth. This section shall apply to all motorized vehicles and recreational devices, whether publicly or privately owned, or whether or not duly registered or licensed, including but not limited to passenger cars, trucks, campers, motorcycles, mini-bikes, go-carts, snowmobiles, amphibious craft, dune buggies, racing vehicles, water ski towing devices and motor boats.

TABLE III

EXHAUST - The discharge into the open air of the exhaust of any internal combustion engine including a motor vehicle, lawn mower, chain saw or other device powered by an internal combustion engine except through a muffler in good working order which will effectively dissipate or prevent loud or explosive noise emanating therefrom.

(Ord. #235; Ord. #628; 1972 Code § 65-13)

3-1.15 Zoning Changes.

No zoning change, adjustment, variance or exception, which affects the land use categories, will be permitted unless the use to be allowed does not violate the provisions of this section. (Ord. #235; Ord. #628; 1972 Code § 65-14)

3-1.16 Additional Remedy-Injunction.

The operation or maintenance of any noise source in violation of any provision of this section shall be deemed and is declared to be a public nuisance and may be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction, or in any other manner available for the abatement of public nuisances. (Ord. #235; Ord. #628; 1972 Code § 65-18)

3-1.17 Other Remedies.

a. Any remedy available pursuant to this section shall be considered separate and not exclusive of any other remedy available hereunder.

b. Nothing in this section shall be construed to impair any cause of action, or legal remedy therefor, of any person for injury or damage arising from any violation of this section.

(Ord. #235; Ord. #628; 1972 Code § 65-18)