§ 204-8. Restricted uses and activities.

No person shall cause, suffer, allow, or permit to be made, verbally or mechanically, any unnecessary noise. 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, except as otherwise provided by law. No person shall cause, suffer, allow or permit the following acts:

A. 

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:

(1) 

Unnecessary noise at 50 feet (15 meters) from such device, when operated in or on a motor vehicle on a public right-of-way or public space, so as to exceed the limits set forth in Table I.

(2) 

Unnecessary noise for any person other than the operator of the device.

(3) 

A sound level across a real property line so as to exceed the limits set forth in Table I, or through partitions common to two or more persons within a building, that exceed any applicable limits set forth in Table II.

(4) 

When measuring total sound or residual sound within a multiuse property, or within a residential unit when the property line between it and the source property is a common wall, all exterior doors and windows shall be closed and the measurements shall be taken in the center of the room most affected by the noise. Residual and total sound shall be measured in accordance with N.J.A.C. 7:29-2.9(b)2. When measuring total sound or residual sound, 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 and bathrooms.

(5) 

Indoor measurements shall only be taken if the sound source is on or within the same property, as in the case of a multiuse property (e.g., sound generated within a commercial unit of a multiuse property building and received within a residential unit of the same building) or multidwelling-unit building. In addition, indoor measurement shall be taken if the property line between the receiving property and the source property is a common wall, such as in a multidwelling-unit building. The allowable sound level standards for indoors are shown in Tables I and II.

Editor's Note: See § 204-7, Tables.

(6) 

Impulsive sound. Impulsive sound, except as described in § 204-6D above, shall not equal or exceed 80 decibels at all times.

B. 

Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, liquids, garbage cans or similar objects:

(1) 

Between the hours of 9:00 p.m. and 6:00 a.m. the following day, in such manner as to exceed any applicable limit set forth in Table I, across a residential real property line.

(2) 

By persons engaged in the business of scavenging or garbage collection between the hours provided in § 160-3E.

C. 

Repairing, rebuilding, modifying or testing any motor vehicle or motorboat in such manner as to exceed any applicable limits in Table I across a residential real property line.

D. 

Operating or permitting the operation of any tools or equipment used in construction, drilling or demolition work, except for emergency work or action, between the hours of 6:00 p.m. and 7:00 a.m. the following day on weekdays, and/or 6:00 p.m. and 9:00 a.m. on weekends or legal holidays, unless such activities can meet the limits set forth in Tables I and II.

E. 

In no event shall personal or commercial vehicular music-amplification or reproduction equipment be operated in such a manner that it is plainly audible at a residential property line between the hours of 10:00 p.m. and 8:00 a.m.; nor should personal vehicular music-amplification equipment be operated 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.; nor should self-contained, portable, hand-held music or sound-amplification or -reproduction equipment 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 from such equipment shall not be plainly audible by any person other than the operator.

F. 

Operating or permitting operation of any mechanically powered saw, drill, sander, grinder, lawn or garden tool or similar device used outdoors in residential areas between the hours of 9:00 p.m. and 7:00 a.m. on weekdays, weekends and legal holidays, so as to exceed any applicable limits specified in Table I, across a residential real property line. All motorized equipment used in these activities shall be operated with a muffler.

G. 

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 five minutes for continuous airborne sound and 15 minutes for impulsive sound after it has been activated. At all times, the limits set forth at Tables I and II do apply.

H. 

The operating or permitting to be operated of any motor vehicle that can compact refuse, between the hours of 9:00 p.m. and 5:00 a.m. the following day, on weekdays, weekends and legal holidays.