[HISTORY: Adopted by the Borough Council of the Borough of Seaside
Heights 2-19-1997 by Ord. No. 97-1. Amendments noted where applicable.]
The purpose of this chapter is to regulate the hours of construction
in order to protect the health, welfare and safety of the residents and visitors
to the Borough of Seaside Heights.
[Amended 12-20-2006 by Ord. No. 06-23]
From the Saturday of Memorial Day weekend through the Monday of Labor
Day weekend during each season, the operating or causing to be operated of
any equipment used in commercial or residential construction, repair or alteration
or demolition, including, but not limited to, the operating of or permitting
to be operated any hammer, power saw, sander, drill, grinder or like equipment
is hereby prohibited except during the hours of 9:00 a.m. and 5:00 p.m. on
Saturday, Sunday and legal holidays and during the hours of 8:00 a.m. to 6:00
p.m. Monday through Friday.
[Amended 12-20-2006 by Ord. No. 06-23]
From the Tuesday following Labor Day weekend through the Friday of Memorial
Day weekend, the operating or causing to be operated of any equipment used
in commercial or residential construction, repair or alteration or demolition,
including, but not limited to, the operating or permitting to be operated
of any hammer, power saw, sander, drill, grinder or like equipment is hereby
prohibited except during the hours of 7:00 a.m. to 6:00 p.m.
The Construction Code Official, the Building Subcode Official and their
duly authorized representatives, as well as the Seaside Heights Police Department
and Code Enforcement Officer, are hereby authorized to enforce the provisions
of this chapter.
[Amended 12-20-2006 by Ord. No. 06-23]
A.Â
Any person violating or failing to comply with any other provision
of this article shall, upon conviction thereof, be punishable by a fine of
no less than $100 and no more than $2,000 by imprisonment not to exceed 90
days or by community service of not more than 90 days or any combination of
fine, imprisonment and community service, as determined in the discretion
of the Municipal Court Judge. The continuation of such violation for each
successive day shall constitute a separate offense, and the person or persons
allowing or permitting the continuation of the violation may be punished as
provided above for each separate offense.
B.Â
The violation of any provision of this chapter shall be subject
to abatement summarily by a restraining order or injunction issued by a court
of competent jurisdiction.
