[HISTORY: Adopted by the Mayor and Borough Council of the
Borough of Seaside Park 6-19-1986 by Ord. No. 970 (Ch. 48, Art. II, of the
1970 Borough Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
A group of commercial facilities and the abutting public
rights-of-way and public spaces.
Any premises, property or facility involving traffic in goods
or the furnishing of services for sale or profit, including but not
limited to:
Any site preparation, assembly, erection, repair, alteration
or similar action, but excluding demolition of buildings or structures.
The practical unit of measurement for sound pressure level.
The number of decibels of a measured sound is equal to 20 times the
logarithm to the base 10 of the ratio of the sound pressure of the
measured sound to the sound pressure of a standard sound (20 micropascals),
abbreviated dB.
Any dismantling, intentional destruction or removal of buildings
or structures.
Any work or action necessary to deliver essential services,
including but not limited to repairing water, gas, electricity, telephone,
sewer facilities or public transportation facilities; removing fallen
trees on public rights-of-way; or abating life-threatening conditions.
Any activity and its related premises, property, facilities
or equipment involving the fabrication, manufacture or production
of durable or nondurable goods.
Any vehicle that is propelled or drawn on land by an engine
or motor.
A sound-dissipative device or system for abating the sound
of escaping gasses of an internal-combustion engine.
Any building wherein there are two or more dwelling units.
Any sounds of such level and duration as to be, or tend to
be, injurious to human health or welfare or which would unreasonably
interfere with the enjoyment of life or property throughout the Borough
or in any portions thereof, but excludes all aspects of the employer/employee
relationship concerning health and safety hazards within the confines
of a place of employment.
The provisions of this chapter shall be enforced by the Seaside
Park Police Department or a Code Enforcement Official.
A.
No person shall cause, suffer, allow or permit the operation of any
source of sound on a particular category of property or any public
space or right-of-way in such a manner as to create a sound level
that exceeds the particular sound level limits set forth in Table
1,[1] when measured at or within the real property line of the receiving property, except as provided in Subsection B.
[1]
Editor's Note: See Table 1 below.
B.
When measuring noise within a dwelling unit of a multidwelling unit
building, all exterior doors and windows shall be closed, and the
measurements shall be taken in the center of the room.
C.
The following are exempt from the sound level limits of Table 1:
(1)
Noise from domestic power tools, lawn mowers and agricultural equipment
when operated, with a muffler, between the hours of 8:00 a.m. to 8:00
p.m. on weekdays and 9:00 a.m. to 8:00 p.m. on weekends and legal
holidays, provided that they produce less than 85 dB at or within
any real property line of a residential property.
(2)
Sound from church bells and church chimes when a part of a religious
observance or service.
(3)
Noise from construction activity, provided that all motorized equipment used in such activity is equipped with functioning mufflers, except as provided in § 314-4B(5).
(4)
Noise from snowblowers, snow throwers and snow plows, when operated
with a muffler, for the purpose of snow removal.
(5)
Noise from stationary emergency signaling devices that conforms to
the provisions of N.J.A.C. 7:29.
(6)
Noise from an exterior burglar alarm of any building or motor vehicle,
provided that such burglar alarm shall terminate its operation within
15 minutes after it has been activated.
|
Table 1
Maximum Permissible Sound Levels by Receiving
Property Category
(dB)
| ||||||
|---|---|---|---|---|---|---|
|
Receiving Property Category
| ||||||
|
Another Dwelling Within a Multidwelling Unit
Building
|
Residential
|
Commercial
|
Industrial
| |||
|
Sound Source Property Category
|
8:00 a.m. to 8:00 p.m.
|
8:00 p.m. to 8:00 a.m.
|
8:00 a.m. to 8:00 p.m.
|
8:00 p.m. to 8:00 a.m.
|
All Times
|
All Times
|
|
Any location within a multidwelling unit building
|
45
|
40
|
55
|
50
|
65
|
75
|
|
Residential
|
55
|
50
|
65
|
75
| ||
|
Commercial or public spaces or rights-of-way
|
65
|
50
|
65
|
75
| ||
|
Industrial
|
65
|
50
|
65
|
75
| ||
A.
No person shall cause, suffer, allow or permit to be made, verbally
or mechanically, any noise disturbance. Noncommercial public speaking
and public assembly activities conducted on any public space or public
right-of-way shall be exempt from the operation of this section.
B.
No person shall cause, suffer, allow or permit the following acts:
(1)
Sound reproduction systems. Operating, playing or permitting the
operation or playing of any radio, television, phonograph or similar
device that reproduces or amplifies sound in such a manner as to create
a noise disturbance for any person other than the operator of the
device.
(2)
Loudspeakers and public address systems. Using or operating any loudspeaker,
public address system or similar device between the hours of 10:00
p.m. and 8:00 a.m. of the following day, such that the sound therefrom
creates a noise disturbance across a residential real property line.
(3)
Animals and birds. Owning, possessing or harboring any pet animal
or pet bird that frequently or for continued duration makes sounds
that create a noise disturbance across a residential real property
line. For the purpose of this section, a "noise disturbance from a
barking dog" shall be defined as that created by a dog barking continually
for 10 minutes or intermittently for 30 minutes, unless provoked.
(4)
Standing motor vehicles. Operating or permitting the operation of
any motor vehicle, whose manufacturer's gross weight is in excess
of 10,000 pounds, or any auxiliary equipment attached to such a vehicle
for a period of longer than five minutes in any hour while the vehicle
is stationary, for reasons other than traffic congestion or emergency
work, on a public right-of-way or public space within 150 feet (46
meters) of a residential area between the hours of 8:00 p.m. and 8:00
a.m. of the following day.
(5)
Construction and demolition. Operating or permitting the operation
of any tools or equipment used in construction, drilling, earthmoving,
excavating or demolition work between the hours of 6:00 p.m. and 8:00
a.m. of the following day on weekdays or at any time on weekends or
legal holidays, provided that such equipment is equipped with a functioning
muffler, except for emergency work or when the sound level does not
exceed any applicable limit specified in Table 1.
A.
B.
Noise from municipally sponsored or approved celebrations or events
shall be exempt from the provisions of this chapter.
