Township of Toms River, NJ
Ocean County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Township Council of the Township of Toms River 5-25-2010 by Ord. No. 4258-10.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 388.
Peddling and soliciting — See Ch. 391.
Noise created by snowmobiles and all-terrain vehicles — See Ch. 488.
Noise created by unlicensed motor-driven vehicles — See Ch. 492.
Noise created by boats — See Ch. 501.
Health nuisances — See Ch. 542.
[1]
Editor's Note: This ordinance also repealed former Ch. 368, Noise, comprised of Art. I, Sound Amplifiers and Loudspeakers, adopted 12-9-2008 by Ord. No. 4168-08, and Art. II, Noise Control, adopted 12-9-2008 by Ord. No. 4168-08.

§ 368-1 Word usage.

The word "person," as used herein, shall include the singular and plural and shall also mean and include any person, firm, partnership, limited-liability company, corporation, association, club, society or any other form of association or organization.

§ 368-2 Prohibited conduct.

It shall be unlawful for any person to make, cause, suffer or permit to be made or to be continued any loud noise, unnecessary noise, unusual noise or any noise or act which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of any other person within the corporate limits of the Township of Toms River. Such conduct shall be considered a "nuisance."

§ 368-3 Nuisance acts.

The following acts, among others, are declared to be a nuisance in violation of this chapter, when the noise emanating from such acts is clearly audible from at least 100 feet from the actor, source or device; provided, however, that this enumeration shall not be deemed to be exclusive:
A. 
Radios, stereos, etc. The playing of any radio, television, stereo, musical instrument or other machine or device for the production or reproduction of sound in such a manner or in such volume as to unreasonably annoy or disturb the quiet, comfort or repose of persons in any dwelling, hotel or other type of residence, or to disturb the peace, quiet and comfort of neighboring inhabitants, or to play or operate the same with louder volume than is necessary for convenient hearing of the person or persons who are in the room, chamber or venue in which said machine or device is operated and who are voluntary listeners to such sound.
B. 
Yelling, shouting, etc. Yelling, shouting, hooting, whistling or singing on public streets or yelling, shouting, hooting, whistling or singing at any other place, whether public or private, in such a manner and in such volume and intensity to disturb the peace and quiet of the neighborhood, or to annoy or disturb the quiet, comfort or repose of persons in any dwelling, hotel or any other place of residence, or of any persons in the vicinity.
C. 
Peddlers, hawkers and vendors. The shouting of peddlers, hawkers and vendors, in such a manner and in such volume and intensity to disturb the peace and quiet of the neighborhood, so as to annoy or disturb the quiet, comfort or repose of persons in any dwelling, hotel or any other type of residence, or of any persons in the vicinity.
D. 
Loudspeakers and amplifiers for advertising. The use, operation or permitting the playing, use or operation of any radio, television, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the production or reproduction of sound which is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building, structure, store or establishment.
E. 
Construction. The operation of any equipment used in commercial construction, repair, alteration or demolition work on buildings, structures, streets or appurtenances thereto in residential or commercial land use zones on weekdays between the hours of 6:00 p.m. and 8:00 a.m. the following day, or between 6:00 p.m. Saturday night and 8:00 a.m. Monday morning, and on legal holidays, except in the case of urgent necessity in the interest of public health and safety, and then only with permission from the Township Council.
F. 
Landscaping equipment. The operation of power mowers and power tools used in landscaping outdoors between the hours of 8:00 p.m. and 8:00 a.m. the following day.
G. 
Loading operations. Loading, unloading, opening or otherwise handling boxes, crates, containers, garbage cans or similar objects between the hours of 6:00 p.m. and 6:00 a.m. the following day, in such a manner as to annoy or disturb the quiet, comfort or repose of persons in any dwelling, hotel or any other type of residence, or of any persons in the vicinity.
H. 
Refuse-compacting vehicles. Operating or permitting the operation of any motor vehicle which can compact refuse, and which creates, during the compacting cycle, a disturbing noise between 6:00 p.m. and 6:00 a.m. the following day in residential land use zones.
I. 
Vehicle repairs or testing. Repairing, rebuilding, modifying or testing any motor vehicle, off-road vehicle or motorboat in or near a residential land use zone in such a manner as to annoy or disturb the quiet, comfort or repose of persons in any dwelling, hotel or any other type of residence, or of any persons in the vicinity.
J. 
Standing motor vehicles. Operating or permitting the operation of a motor vehicle whose gross vehicle weight is in excess of 10,000 pounds, or any attached auxiliary equipment, for a period longer than three minutes in any hour while such vehicle is stationary on a public right-of-way in a residential land use zone, or is on private property in a residential or commercial land use zone, and is not within a completely enclosed structure.
K. 
Bells and alarms. The sounding or permitting the sounding of any exterior building alarm on any building or motor vehicle, unless such burglar alarm system or similar device shall terminate its operation within 15 minutes after being activated.
L. 
Horns, signal devices, etc. The sounding of any horn or signaling device on any automobile, motorcycle, bus or any other vehicle on any street or public place, except as a danger warning; the creation by means of any horn or signaling device of any unreasonably loud or harsh sound; the sounding of any said horn or signaling device for any unnecessary and unreasonable period of time; the use of said horn or signaling device when traffic is for any reason held up; or the use of any horn, whistle or device operated by engine exhaust.
M. 
The keeping of any animal or bird which shall emit frequent or long-continued noises.

§ 368-4 Prevailing time.

The hours referred to in this chapter shall be prevailing time, i.e., either Eastern standard time or Eastern daylight saving time.

§ 368-5 Applicability.

This chapter is intended to apply and to bind the owners, tenants, occupants, guests and all other persons within the corporate limits of the Township of Toms River. This chapter shall not apply to representatives and employees of the Township of Toms River performing tasks on official business of the Township of Toms River or for specific activities authorized by the Township Council.

§ 368-6 Enforcement; complaints.

A. 
It shall be the duty of the Police Department and Code Enforcement Officials of the Township of Toms River to determine whether or not this chapter has been and is being complied with and to enforce the provisions of this chapter against any person violating the same.
B. 
Any police officer or Code Enforcement Official of the Township of Toms River, or any individual person, may file a complaint in Municipal Court of the Township of Toms River for any violations of this chapter.

§ 368-7 Violations and penalties.

Any person who shall violate any provision of this chapter shall, upon conviction thereof, be subject to the maximum fines and penalties established under N.J.S.A. 40:49-5, and as same shall be amended from time to time. Each and every day a violation of this chapter shall exist shall constitute a separate violation.