Noise ordinance

[davef113]

What is the name of your state (only U.S. law)? New Jersey
What is the noise ordinance in Pine Hill, NJ? A neighbor has been running a generator to power his house 24/7 for months. I have spoken to him personally & complained to the Police several times. Finally, the PD told me that at some point our code official had been out to examine the generator & he determined it to be safe & compliant. I told the PD that I wasn't complaining about code violations I was complaining about noise. They told me the only thing I could do is file a complaint & let a judge review it & decide if they can continue running the generator. In court the judge stated that my neighbor requested that the prosecutor allow the code official to be present during the trial & the judge agreed to allow it & rescheduled the trial. I assume my neighbor wanted this because the code official told him he was compliant before. I feel as though all parties involved (except me, of course) are determined to steer this case in the wrong direction and make it a code issue and not a noise issue. I have been reading the NJ noise ordinance & am sure they are in violation of it and also noticed that the only ordinances municipalities may adopt are those that are more stringent than the state ordinance. To my knowledge no sound readings of the device have been taken and I've also been told that when the police go out to respond to my complaint they say that it's not that loud. They've never come to my home to hear what we hear in our bedroom, living room and out on our deck. My wife and I really need sleep!

 

[You Are Guilty]

What is the name of your state (only U.S. law)? New Jersey
What is the noise ordinance in Pine Hill, NJ?

They do not appear to be available online. Try contacting this person for more information:

Loretta Buchanan , Acting Municipal Clerk, Certified Municipal Registrar.

45 West Seventh Avenue
Pine Hill, NJ 08021

(856) 783-7400

 

[Zigner]

You are complaining about too much noise. The allowable noise level is controlled by local ordinance (ie: local code). The noise level has been determined to not violate the local ordinance by the code inspector.

 

[csi7]

You can put a buffer (foam) on your window to cut down the vibration noise which might be what's affecting you. Or you can ask the neighbor to put a buffer screen with foam inserts around the generator.

If, on the other hand, the neighbor is using the generator as a permanent supply, then you might have an option which would go to the state agency that oversees the regulations and rules.

Be professional, leave your personal feelings out of any research query, and you will find a way to resolve this situation without creating more problems.

 

[154NH773]

To my knowledge no sound readings of the device have been taken

If there is a State or local noise ordinance, it would probably be stated in terms of the allowable decibels at so many feet, and could vary for time of day.

I have been reading the NJ noise ordinance & am sure they are in violation of it

What does it say, and why are you sure they are in violation (see first quote)?

Rent a decibel meter (perhaps from a local rental company or music store) and check the levels yourself. If they are in violation, call the police and show them the reading. Ask them to varify the reading is above the allowable level and insist they cite the owner of the generator.

If the readings are below the legal limit, you are out of luck; however, your neighbor might be willing to put sound insulation if you paid for it, and maybe paid him something extra.

 

[Mass_Shyster]

If there is no noise ordinance, you can sue on the grounds of private nuisance. See Rose v. Chaikin, 453 A. 2d 1378 - NJ: Superior Court, Chancery Div. 1982

http://scholar.google.com/scholar_case?case=4291579543161156753

 

[Zigner]

If there is no noise ordinance, you can sue on the grounds of private nuisance. See Rose v. Chaikin, 453 A. 2d 1378 - NJ: Superior Court, Chancery Div. 1982

http://scholar.google.com/scholar_case?case=4291579543161156753

Too bad that the finding in that case is that the windmill exceeded the local ordinance...

 

[drewguy]

I have been reading the NJ noise ordinance & am sure they are in violation of it . . . To my knowledge no sound readings of the device have been taken

How can you be sure they are violating the ordinance without taking any sound readings yourself?

The inspector concluded it did not violate the ordinance. You are going to have to prove either that it does violate the ordinance, using your own evidence, or win an argument that whatever noise it makes is a private nuisance even if it is compliant with the noise ordinance.

In either case the judge is almost certain to require some measure of how loud it is. He's not going to let you argue that the generator "IS THIS LOUD. SO LOUD I CAN'T SLEEP" and simply leave it at that.

As another poster suggested, rent a sound level meter. Videotape yourself testing the sound. You can testify as to the reading and if the judge will allow it show the video of your doing so.