Newark's Noise from Specific Sources: The Rules That Matter

Every city handles noise from specific sources a little differently. In Newark, New Jersey, there are 4 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

Delivery Truck Noise

Newark bans loading, unloading, opening, closing, or otherwise handling boxes, crates, containers, building materials, or garbage cans between 10:00 p.m. and 6:00 a.m. if the resulting sound exceeds Table I limits, under Section 20:3-13f of the Noise Control Ordinance. The rule targets exactly the noise pattern of an overnight delivery truck or dumpster service outside a residence or business.

Key details: Restricted hours: 10:00 p.m. to 6:00 a.m.. Covered activity: Loading, unloading, handling containers/materials. Standard applied: Table I sound level limits. First-offense fine: $100 to $750. Relief available: Special variance, Section 20:3-14.

Violating the loading and unloading noise limit is penalized under the chapter's general schedule in Section 20:3-18: a minimum fine of $100 up to $750 for a first offense, up to $1,250 for a second, and up to $2,000 for a third or later offense. The Directors can also issue an abatement order under Section 20:3-17 requiring the noise source brought into compliance within 10 to 30 days.

HVAC & Mechanical Noise

Newark caps air conditioning and air handling equipment, including heat pumps, at 55 dBA measured at a residential property line. The limit in the City's noise ordinance does not apply when a unit raises the ambient sound level by less than five dBA, and enforcement runs through the Departments of Health, Engineering and Public Safety.

Key details: Property-line limit: 55 dBA, residential. Exception: under 5 dBA increase over ambient. Covers: AC units and heat pumps. Enforcing agencies: Health, Engineering, Public Safety. First offense fine: $100 to $750.

A first offense against the 55 dBA HVAC limit is fined $100 to $750, a second offense up to $1,250, and a third or later offense up to $2,000, all under Section 20:3-18b. A willful or knowing violation is fined separately, $100 to $2,000, under Section 20:3-18c, and Section 20:3-18e treats each day the unit keeps exceeding the limit as a separate offense.

Generator Noise

Newark's cannabis ordinance requires outdoor generators and other outside mechanical equipment at licensed cannabis establishments to be enclosed with baffles, mufflers or other noise-reduction systems under § 14:2-5.5, so noise pollution cannot spill into surrounding blocks.

Key details: Governing section: R.G.O. § 14:2-5.5. Applies to: Licensed cannabis establishments only. Required equipment fix: Enclosure with baffles/mufflers. Adopted: August 19, 2021, Ord. 6PSF-AA(s). Enforcement tool: Random on-site inspection, § 14:2-5.6.

Failure to enclose outside generators or mechanical equipment with adequate baffles, mufflers, or noise-reduction systems is a manner-of-operation violation under Chapter 14:2. The City can deny access-related continued operation through the § 14:2-5.6 random inspection process, and repeated manner-of-operation violations expose the license to non-renewal or revocation proceedings under the Chapter 14:3 licensing provisions.

Bar & Nightclub Noise

Newark caps sound from bars, nightclubs, and other places of public entertainment or business under Section 20:3-13h of the Noise Control Ordinance: any radio, sound amplifier, or similar device that exceeds the Table I limit, whether played inside the premises or out on the sidewalk, is a violation regardless of whether the establishment is commercial or industrial.

Key details: Standard applied: Table I sound level limits. Covered locations: Inside premises and sidewalk outside. Applies to: Commercial and industrial establishments. First-offense fine: $100 to $750. Abatement window: 10 to 30 days.

A first violation of Section 20:3-13h is fined $100 to $750 under Section 20:3-18b, rising to $1,250 for a second offense and up to $2,000 for a third or subsequent offense within the same enforcement period. A willful or knowing violation is fined $100 to $2,000 regardless of offense count, and each day the excess sound continues counts as a separate offense.

The Bottom Line

Newark's noise from specific sources rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Newark is broadly strict or permissive.

Keep in mind that Newark can amend these rules at any council meeting. For the most current version of any rule mentioned here, check the specific ordinance page, where we track updates as they happen.