Decibel (Loudness) Comparison Chart

Here are some interesting numbers, collected from a variety of sources, that help one to understand the volume levels of various sources and how they can affect our hearing.

Environmental Noise

Weakest sound heard 0dB
Whisper Quiet Library 30dB
Normal conversation (3-5') 60-70dB
Telephone dial tone 80dB
City Traffic (inside car) 85dB
Train whistle at 500', Truck Traffic 90dB
Subway train at 200' 95dB

Level at which sustained exposure may result in hearing loss 90 - 95dB

Power mower at 3' 107dB
Snowmobile, Motorcycle 100dB
Power saw at 3' 110dB
Sandblasting, Loud Rock Concert 115dB
Pain begins 125dB
Pneumatic riveter at 4' 125dB

Even short term exposure can cause permanent damage -

Loudest recommended exposure WITH hearing protection 140dB
Jet engine at 100', Gun Blast 140dB
Death of hearing tissue 180dB
Loudest sound possible 194dB

OSHA Daily Permissible Noise Level Exposure
Hours per day Sound level
8 90dB
6 92dB
4 95dB
3 97dB
2 100dB
1.5 102dB
1 105dB
.5 110dB
.25 or less 115dB


Perceptions of Increases in Decibel Level
Imperceptible Change 1dB
Barely Perceptible Change 3dB
Clearly Noticeable Change 5dB
About Twice as Loud 10dB
About Four Times as Loud 20dB


Sound Levels of Music

Normal piano practice 60 -70dB
Fortissimo Singer, 3' 70dB
Chamber music, small auditorium 75 - 85dB
Piano Fortissimo 84 - 103dB
Violin 82 - 92dB
Cello 85 -111dB
Oboe 95-112dB
Flute 92 -103dB
Piccolo 90 -106dB
Clarinet 85 - 114dB
French horn 90 - 106dB
Trombone 85 - 114dB
Tympani & bass drum 106dB
Walkman on 5/10 94dB
Symphonic music peak 120 - 137dB
Amplifier rock, 4-6' 120dB
Rock music peak 150dB


NOTES:

One-third of the total power of a 75-piece orchestra comes from the bass drum.

High frequency sounds of 2-4,000 Hz are the most damaging. The uppermost octave of the piccolo is 2,048-4,096 Hz.

Aging causes gradual hearing loss, mostly in the high frequencies.

Speech reception is not seriously impaired until there is about 30 dB loss; by that time severe damage may have occurred.

Hypertension and various psychological difficulties can be related to noise exposure.

The incidence of hearing loss in classical musicians has been estimated at 4-43%, in rock musicians 13-30%.

Statistics for the Decibel (Loudness) Comparison Chart were taken from a study by Marshall Chasin , M.Sc., Aud(C), FAAA, Centre for Human Performance & Health, Ontario, Canada. There were some conflicting readings and, in many cases, authors did not specify at what distance the readings were taken or what the musician was actually playing. In general, when there were several readings, the higher one was chosen.

This meeting will be in the Caucus room at 6pm tonight.

In the e-mail I sent to the working group that Brightmoments posted, I outlined some of the changes to the ordinance that were based on the previous meetings with the SID and input from many in the arts community around the city.

The overall goal is to make it easier for different types of venues to obtain a more limited type of entertainment license that would separate nightclub venues from general entertainment venues.

I am looking to have the ordinance introduced at the January 9th meeting pending the input later today.

Hope you can join
Steven Fulop
Ward "E" Councilman

Please join me for a meeting on December 27th at 6pm in city Hall to review this final draft of the new entertainment ordinance. Hopefully this will be the last step and I can take any last recommendations

I have worked with most of you on this for better part of a year and I think this will be it. Per our last meeting i have changed the following

1) Allowed for galleries and other venues to get the limited license

2) Worked with planning department to make this work from a zoning standpoint

3) Waived the $25 one time fees

4) worked on enforcement parameters with regards to decibels


As this City is the only entity that I know that still uses Word Perfect I recognize that some of you may not be able to view it so I have cut/pasted the text below as well

See you there
Steve


---------------------------
DRAFT
(October 23, 2007)

Supplements and Amendments to Chapter 157 of the Jersey City Code

Entertainment and Dance Licenses

* 157-1. Purpose and official comments.
A. Purpose; official comments.

(1) The City of Jersey City has repeatedly experienced serious civil disturbances and other occurrences detrimental to the public*s safety, health and welfare associated with entertainment and dance venues (these problems include but are not limited to riots, disorderly groups, public consumption of alcohol, and public urination). Consequently, this chapter is enacted to license and regulate these activities except those directly sponsored and self-regulated by the city itself.

(2) Social clubs are expressly regulated by this chapter because recent experience has shown that attempts have been made to circumvent the general regulatory process. (For example, for-profit nightclubs have reorganized as private membership clubs to circumvent the Alcoholic Beverage Law.)*
* Editor*s Note: See N.J.S.A. 33:1-1 et seq.

(3) This chapter also prohibits obscene entertainment and obscene dancing and contains a definition of obscenity and pornography that reflects contemporary community standards as enforceable by relevant judicial decisions. It also explicitly incorporates by reference the prohibitions on pornography and obscenity found in Chapter 251 of the Municipal Code. In enacting this prohibition, the City Council relied on extensive evidence of long-standing community*s standards. Testimony was taken from ordinary citizens as well as members of the clergy, teachers, business people and professionals. The Council issued legislative findings that the people of Jersey City are offended by obscenity and pornography:

(a) Jersey City seeks to maintain an atmosphere as conducive as possible to families in a densely populated urban setting.

(b) Obscenity and pornography have had no place in the public life of Jersey City. Historically, no so-called adult bookstores or adult udult theaters have operated here. In addition, no erotic dancing venues have ever been allowed to operate here in the city, notwithstanding their presence in adjacent communities. Therefore, these legislative findings support the existence of community standards that allow for the constitutional circumscription of such activity, and the city will continue to enforce these social norms through legal sanctions.

(4) The Director of the Division of Commerce is given primary jurisdiction over this chapter. However, given the public safety concerns, the Director of Police also shares in its administration: * 157-7A authorizes the Director of Police, upon a notice and hearing, to suspend licenses on an emergent basis.

B. This chapter is to be liberally construed in order to effectuate its purpose.

* 157-2.
Definitions.

The following terms shall have the meanings indicated when used in this
chapter:

AGGRIEVED PARTY - any person, persons, or entity, whether corporate or private, aggrieved by the sound of entertainment emanating from a Licenced Establishment.

COMMUNITY CENTER -- a City owned building used for recreational,social, educational, and cultural activities, open to the public or a designated part to the public, and used by the City or leased by the City to either a nonprofit group or another public entity.

DANCE -- Any dance to which admission can be had either with or without payment of a fee or any other dance in a place which constitutes a public accommodation, including, for instance, social clubs.

DECIBEL LEVEL - A unit for measuring the volume of a sound, equal to twenty times the logarithm to the base ten of the ratio of the pressure of the sound measured to the reference pressure, which is twenty micropascals (twenty micronewtons per square meter).

DECIBEL MEASUREMENT - a measurement taken as follows:

Indoors - from any point of the room, in the premises of an aggrieved party, most affected by the sound, but not from areas which receive only casual use, e.g., hallways, bathroom and closets. All exterior doors and windows in the premises shall be closed and all sound sources within the premises, e.g., television, radio and stereo, shall be shut off at the time of measurement.

Outdoors - from any point within the property boundaries of an aggrieved party (excluding City rights-of way, e.g., streets and sidewalks), or the measurement may be taken from any point outside of the Licensed Establishment at the discretion of the City.

DIRECTOR -- The Director of Commerce in the Department of Housing, Economic Development and Commerce.

ENTERTAINMENT -- Any live music act, including, but not limited to, vocalists, actors, dancers, floor shows, instrumentalists, and recorded music played by a D.J., whether or not dancing is permitted or occurs in conjunction therewith.

ENTERTAINMENT LICENSE -- A license pursuant to this chapter regulating entertainment or dance.

ESTABLISHMENT * A premises for which an entertainment license has been issued.

OBSCENITY AND PORNOGRAPHY -- Obscenity and pornography exist when under contemporary standards in the community the entertainment taken as a whole, appeals to prurient interests; and the entertainment describes in a patently offensive way sexual conduct; and when the entertainment taken as a whole, lacks serious literary, artistic, political or scientific value. [NOTE: Miller v. California, 413 U.S. 15. 93 S. Ct. 2607, 37 L. Ed. 2d 419 (1973), rehearing denied, 414 U.S. 881, 94 S. Ct. 26, 38 L. Ed. 2d 128 (1973).] This definition incorporates by reference definitions contained in Chapter 251 of the Municipal Code.

OUTDOOR ENTERTAINMENT * Any entertainment taking place beyond the outside perimeter walls of the licensed premises or any entertainment which is intended to be audible or which is actually audible beyond such perimeter walls.

PERSON -- Any natural person(s), or a partnership, corporation or legal entity.

VENUE -- Any place, including but not limited to a restaurant, nightclub, supper club, private club, lounge, grill or open space used for entertainment or dancing.

* 157-3. Classes of licenses; license required. License required; types of licenses; restrictions.

Upon enactment of this ordinance, all current Entertainment License holders shall have ninety (90) days in which to apply for a Nightclub or Restaurant Entertainment License as described below. The prorated fee for the unused portion of the current license shall be deducted from the new license fee. A license as described in this chapter is required for any live entertainment or dance venue in the City of Jersey City except that no such license will be required for events taking place at the Mary McLeod Bethune Life Center at 134-150 Martin Luther King Drive or any other Community Center (see definition in * 157-2).

Community Center means a City owned building used for recreational, social, educational, and cultural activities, open to the public or a designated part to the public, and used by the City or leased by the City to either a nonprofit group or another public entity. An entertainment license is granted to a specific person to offer entertainment or da ncing in a specified place.

There shall be three four entertainment license categories, Nightclub, Restaurant, General, and Special Events. classes of entertainment and dance licenses:

(1) Class A annual license for an entertainment or dance venue with a capacity of one hundred (100) people or fewer;

(2) Class B annual license for an entertainment or dance venue with a capacity greater than one hundred (100) people.

(1) Nightclub Entertainment License. This license is available only in zoning districts where a nightclub is permitted pursuant to Jersey City Code Chapter 345 or a duly adopted Redevelopment Plan. Notwithstanding noise regulation in Chapter 222 of the Jersey City Code to the contrary, any entertainment under this Nightclub Entertainment License shall be restricted to a decibel level of 65 dB from Noon to 10 P.M., and shall be restricted to 50 dB from 10 P.M. to close of entertainment in accordance with * 157-4C(1), seven days per week;

Class 1 - For establishments with a capacity greater than one hundred (100) people;

Class 2 - For establishments with a capacity of one hundred
(100) people or fewer;

(2) Restaurant Entertainment License. This license is available only in zoning districts where a Category 1 Restaurant is permitted pursuant to Jersey City Code Chapter 345 or a duly adopted Redevelopment Plan, except that no entertainment license shall be permitted within the lower J.F.K. Boulevard NC Zoning District. Notwithstanding noise regulation in Chapter 222 of the Jersey City Code to the contrary, any entertainment under this Restaurant Entertainment License shall be restricted to a decibel level of 55 dB from Noon to 6 P.M., and shall be restricted to
45 dB from 6 P.M. to close of entertainment in accordance with * 157-4C(1), seven days per week. A Restaurant Entertainment Licensee may not locate or place entertainment within 10 feet of any entrance door or open window existing within the establishment;

Class 1 - For establishments with a capacity greater than one hundred (100) people;

Class 2 - For establishments with a capacity of one hundred
(100) people or fewer;

(3) General Entertainment License. This license is available for venues other than nightclubs and restaurants including, but not limited to, art galleries, theaters, banquet halls, and bookstores. It shall further be available only in zoning districts where the particular use(s) is permitted. Notwithstanding noise regulation in Chapter 222 of the Jersey City Code to the contrary, any entertainment under this General Entertainment License shall be restricted to a decibel level of 55 dB from Noon to 6 P.M., on any day, provided that entertainment is permitted on that day and during such hours, and shall be restricted to
45 dB from 6 P.M to close of entertainment in accordance with * 157-4C(1)., on any day, provided that entertainment is permitted on that day and during such hours. A General Entertainment Licensee may not locate or place entertainment within 10 feet of any entrance door or open window existing within the establishment.

(4) (3) Special event license for an entertainment or dance venue of any capacity that offers entertainment or dancing for no more than twelve (12) days in a period of one year.
* 157-4. Fees; inactive license; surrender; expiration; hours of operations.
A. Except as provided in * 157-3, no person shall keep, maintain, or operate any entertainment or dance venue without obtaining a license from the Director. A license shall be issued only if both the venue and the applicant comply with relevant standards. The fee schedule shall be as follows:

Class A
Class B
Special Event License

$300
$600

Nightclub Entertainment License Class 1: $1200 per year or part thereof; Nightclub Entertainment License Class 2: $1000 per year or part thereof; Restaurant Entertainment License Class 1: $800 per year or part thereof; Restaurant Enteratinment License Class 2: $600 per year or part thereof; General Entertainment License Com mercial Establishment: $400 per year or part thereof; General Entertainment License Not-for-Profit Establishment: $100 per year or part thereof. Special Event License: No charge.
B. If a licensee fails to conduct a dance or entertainment venue in a period of three months, the Director may revoke the license after a hearing has been held on ten (10) days* notice.

C. The hours of operation for a licensee under this chapter shall be as follows:

(1) Permitted hours for entertainment:
Sunday-Thursday
Friday/Saturday
New Year*s Eve

12:00 p.m.-2:00 a.m.
12:00-3:00 a.m.
12:00 p.m.-4:00 a.m.

Nightclubs: Noon to 2:00 A.M., Sunday-Thursday
Noon to 3:00 A.M., Friday-Saturday
Noon to 4:00 A.M., New Year*s Eve
Restaurants: Noon to 10:00 P.M., Sunday-Thursday
Noon to Midnight, Friday-Saturday
Noon to 1:00 A.M., New Year*s Eve

General: Days and hours to be determined by the Director based on the nature of event, type of entertainment, location of venue, anticipated number of persons attending the event, and any other relevant information, but in no case shall the number of days on which entertainment is permitted be more than two per week, and in no case shall the hours be expanded beyond that permitted for Restaurants as described in this section.

Special Event License: Hours to be set by the Director.
(2) With reference to establishments holding Nightclub Entertainment Licenses, No no person whatsoever, except the licensee and the licensee*s employees and agents, may be on the licensed premises after closing time until 12:00 p.m. of that day, Monday through Sunday.

(3) With reference to establishments holding Nightclub Entertainment Licenses, A a wind-down process must begin no later than thirty (30) minutes prior to the establishment*s closing time, and dance music must be terminated fifteen (15) minutes prior to such closing time to assure that patrons are out by the actual closing time.

(4) Outdoor entertainment shall be prohibited in all establishments, except where specifically requested in the license application for a certain part of the establishment and approved by the Director and specifically indicated on the actual license. Outdoor entertainment shall not be the norm and should only be granted where the Director is convinced that it would not unreasonably interfere with the quality of life of the surrounding community. In determining whether or not to grant outdoor entertainment, the Director shall consider, but not be limited to, the following criteria: the nature of the establishment; the location of the establishment including its proximity to residential properties; the input of residents of the surrounding area; and the history (if any) of the establishment.

(4) (5) Notwithstanding any later hour permitted in accordance with Section 157-4(c), in venues where Outdoor Entertainment is permitted, it shall cease promptly at 11:00 p.m. on Sunday through Thursday and 12:00 midnight on Friday and Saturday, or such earlier "close of entertainment" hour as mandated by * 157-4C(1).

* 157-5. Applications; qualifications; procedure for review.
A. Applicants shall be of good moral character and shall file an application under oath with Director on forms approved by the Director. All applications shall be reviewed by the Division of Commerce and the Department of Police. The premises shall be inspected by the Fire Department, the Division of Health and the Division of Buildings for compliance with relevant laws and regulations.

B. The application shall be made under oath and shall contain the class of license sought, names, residences and citizenship status of all persons financially interested in the business, and the nature and extent of this interest; and, if a corporation, the names, residences and citizenship of the officers, directors and stockholders, and shall disclose whether the applicant has been convicted of any criminal or quasi-criminal offense, and if so, the date and place of such conviction and the nature of the offense.

C. The application shall also include a sworn statement signed by the applicants agreeing to comply with the relevant laws, rules and regulations of the United States, the State of New Jersey and the City of Jersey City.

D. The application shall have attached a copy of the plans and specifications of the premises sought to be licensed.

E. All relevant land use approvals, including approved site plans, together with a valid certificate of occupancy, are conditions precedent for the approval of any application.

* 157-6. Publication of application notice.

A. The Director shall publish once each week for a period of two weeks in a newspaper of general circulation notice of any new application or application for renewal or transfer of a license. Such notice shall be at the applicant*s expense and shall be in a form approved by the Director.

B. Any objections to the issuance of the proposed license or transfer may be filed with the Director within 20 days from the last date of publication of this notice, and all objections must include the name and address of the person who files the objection and the grounds for the objection.

C. If one or more objections are filed, the Director shall hold a hearing no later than 30 days after the last date of publication before approving the license or transfer. All objectors shall receive notice of the time, date and place of the hearing. The nonreceipt of such notice shall not void the Director*s action.

* 157-7. License renewal or transfer; change of ownership.

A. (1) No license shall be transferred or renewed without the approval of the Director and payment of the appropriate fee. Applications for annual renewal or transfer shall comply with all of the relevant provisions of this chapter, including the filing of all forms in * 157-4 and any additional forms required by the Director. Any unauthorized transfer shall result in the automatic suspension of the license.

(2) The Entertainment License is non-transferable. Upon transfer of a licensed establishment, any existing Entertainment License is automatically voided, and any new Owner/Operator desiring to have entertainment at the venue shall apply for an Entertainment License as required by this chapter.

B. If the owner of a sole proprietorship, the partners of a partnership or the officers, directors or stockholders of a corporation are changed, their successors shall file an affidavit stating their names, residences, citizenship and the nature and extent of their financial interest in the business. Failure to inform the Director of changes of ownership shall be grounds for suspension or revocation of the license.
The Director shall review the validity of an existing license upon change in ownership.

C. The Director may deny an application for a renewal of a license where the licensed premises has been operating in a manner detrimental to the health, safety, and welfare of the people of the City of Jersey City.

* 157-8. Operating requirements.

1. A. The licensed premises shall be fully accessible to authorized members of the Department of Police and the various departments of the city having regulatory jurisdiction over the premises.

B. No licensee may offer obscene or pornographic entertainment (as defined in this chapter and in Chapter 251 of the Jersey City Municipal Code).

C. All licenses under this chapter shall be posted securely in a conspicuous place at the main entrance to the licensed premises.

D. Any licensee under this chapter must also comply with any other relevant permit requirement such as those required by the Fire Department and Division of Health.

E. If a licensee charges patrons for parking, the fifteen-percent parking tax required under ** 304-1 through 304-3 must be paid to the City.

F. The licensee shall designate a person(s) as supervisor(s) of events and shall register his or her name with the Director. A supervisor shall be present during the dance or entertainment to assure that it is conducted in an orderly manner.

G. The Director
may, in consultation with the Police Department, establish any conditions deemed necessary for the health, safety, and welfare of the public prior to granting any license.

* 157-9. Suspension or revocation; Director of Police or the Director of the Division of Commerce authorized.

A. Pursuant to a ten-day notice in writing to the licensee and after a hearing, the Director may suspend or revoke any license if:

(1) The owner, partner, or agent has been convicted of a crime under federal or state law;
(2) Has violated any of the provision of this chapter;
(3) Has been found responsible for any acts constituting a breach of the peace or a public nuisance;
(4) Where the Director finds the operation of the licensed premises detrimental to the health, safety and welfare of the people of the city.

B. The Director of Commerce or the Director of Police may suspend any license on an emergent basis for a period not exceeding 30 days after a hearing pursuant to two days* notice to the licensee for any of the grounds listed in Subsection A if the Director finds in addition that protection of the public health, safety or welfare requires an immediate suspension.

* 157-10. Variance.

An applicant or licensee may request a variance from the strict compliance with a specific requirement of this article by requesting same in writing to the Business Administrator. The application should contain all pertinent details, together with documentation, which the applicant or licensee wishes considered. The approval or denial of the application for variance shall be at the discretion of the Business Administrator and shall not be approved absent a showing that strict compliance with the specific requirement would create a practical hardship for the applicant and that the proposed alternative will in no way jeopardize the health, safety, and welfare of the public.

* 157-10. 157-11. Interpretative guide.

A. Severability. If any provision, or portion of a provision, of this chapter, or its application to any person or circumstances, shall be held invalid by a court of competent jurisdiction, the remainder of this chapter, or the application of the provision to other persons or circumstances, shall not be affected.

B. Preemption. Notwithstanding any other provisions of the Code, the conditions and restrictions placed on entertainment and dance in this Chapter supersede any other provisions found in other chapters of the Jersey City Municipal Code.


Steven M. Fulop
Jersey City Councilman
Ward "E"
280 Grove Street
Jersey City, NJ 07302