Borough of Oceanport, NJ
Monmouth County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Oceanport 5-24-2007 by Ord. No. 822. Amendments noted where applicable.]
GENERAL REFERENCES
Amusements — See Ch. 121.
Dogs — See Ch. 127, Art. I.
Building construction —  See Ch. 170.
Parks and playgrounds — See Ch. 279.
Peace and good order — See Ch. 284.
Zoning — See Ch. 390.

§ 267-1 Enumeration of unnecessary noises.

The making, creation or permitting of any unreasonable, disturbing or unnecessary noise in the Borough of Oceanport is hereby prohibited, especially between the hours of 10:00 p.m. and 8:00 a.m. Consequently, no person shall, between the hours of 10:00 p.m. and 8:00 a.m., permit any noise to emanate from any source or instrument, whether natural or artificial, or use equipment outside a fully enclosed principal dwelling on a property in the Borough of Oceanport such that the noise created thereby is plainly audible at the boundary line of such property. When an officer can hear plainly audible music or other noise beyond the property line of the noise-generating property or can hear plainly audible noise on a complainant's property before 8:00 a.m. and after 10:00 p.m., or any unreasonably, disturbing or unnecessary noise at any other time, there is a violation of this chapter. The following activities, among others, are declared unreasonably loud, disturbing and unnecessary noise in violation of this chapter, but said enumeration shall not be deemed to exclude those not included herein:
A. 
The sounding of a horn or signaling device on an automobile, motorcycle or other motorized vehicle, except as a warning of danger, and then only for such period of time as is reasonably necessary for giving such warning.
B. 
The playing, using, operating or permitting to be played, used or operated of any electronic receiving set, musical instrument, phonograph or machine or device for the production or reproduction of sound with louder amplified volume than is necessary for the normal sensitive hearing of the person so playing, using or operating such instrument or device and such persons who are voluntary listeners thereto or in such manner as to disturb the peace, quiet and comfort of neighboring inhabitants.
C. 
The use, operation or playing of any loudspeakers, amplifiers or other machines or devices for the producing of sound which is cast upon a public street for the purpose of commercial advertising or attracting the attention of the public.
D. 
The keeping of any animal or bird which by causing frequent or long-continued noise, such as barking or jabbering, shall disturb the peace, quiet and comfort of neighboring inhabitants.
E. 
Creating an audible noise by landscape, erection, excavation, demolition, alteration or repair of any building other than between the hours of 8:00 a.m. and 6:00 p.m. Monday through Friday and 9:00 a.m. and 6:00 p.m. on Saturday by a landscaper or contractor for hire, except in the case of urgent matters and the interest of public safety and health. Any of the aforementioned performed by a property owner or tenant thereof between the hours of 8:00 a.m. and 8:00 p.m. Monday through Friday, Saturday between the hours of 9:00 a.m. and 6:00 p.m. and Sunday between the hours of 11:00 a.m. and 7:00 p.m.
[Amended 7-19-2012 by Ord. No. 908]
F. 
The making, creation or permitting of any unreasonable, disturbing or unnecessary noise in the Borough of Oceanport is hereby prohibited, especially between the hours of 10:00 p.m. and 8:00 a.m. Consequently, no person shall, between the hours of 10:00 p.m. and 8:00 a.m., permit any noise to emanate from any source or instrument, whether natural or artificial, or use equipment outside a fully enclosed principal dwelling on a property in the Borough of Oceanport such that the noise created thereby is plainly audible at the boundary line of such property.

§ 267-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
PLAINLY AUDIBLE
Any sound that can be detected by a person using his or her unaided hearing faculties. As an example, if the sound source under investigation is live entertainment or a portable or personal vehicular sound-amplification or -reproduction device, the detection of the rhythmic bass component of the music at the property line as described hereinabove is sufficient to verify plainly audible sound. The law enforcement officer need not determine the title, specific words or the artist performing the song.

§ 267-3 Enumeration of loud and offensive noises

The following acts are declared to be loud, disturbing and unnecessary noise in violation of this section, but said enumeration shall not be deemed to be exclusive:
A. 
The playing of any radio, phonograph or any musical instrument or instruments or singing or talking in such a manner or in such volume as to annoy or disturb the quiet, comfort, repose, peace or tranquility of persons in any dwelling, hotel or other type residence, dwelling, hotel or structure, particularly during the hours between 10:00 p.m. and 8:00 a.m. on Monday, Tuesday, Wednesday, Thursday, Friday, Saturday and Sunday.
B. 
The playing of music outdoors, either live or recorded, after 10:00 p.m. on Monday, Tuesday, Wednesday, Thursday, Friday, Saturday and Sunday is hereby prohibited.
C. 
The keeping of any animal or bird which has been causing or causes frequent or long-continued noise which disturbs the comfort and repose of any person within the vicinity.
D. 
The shouting of peddlers, hawkers and vendors which disturb the peace and quiet of the neighborhood.
E. 
The sound of any horn or signal device on any automobile or other vehicle, while not in motion or occupied, as well as any structure, for any unnecessary or unreasonable period of time, except as a danger signal.

§ 267-4 Exceptions.

The within prohibitions shall not apply to any public works projects for construction deemed to be in the public's welfare, safety and for the public good and only with prior approval from the Mayor and Council.

§ 267-5 Violations and penalties.

A. 
Any person found guilty of violating any of the foregoing provisions concerning unnecessary noise shall be subject to a penalty as set forth in Chapter 1, § 1-15, General penalty.
B. 
Each day that this chapter is violated shall constitute a separate offense.