[HISTORY: Article I adopted by the Board of Commissioners (now Borough Council) of the Borough of Beach Haven as indicated in article histories. Subsequent articles adopted by the Borough Council of the Borough of Beach Haven as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 51.
Peace and good order — See Ch. 141.
Peddling and soliciting — See Ch. 144.
[Adopted 8-9-1971 as Ch. 88 of the 1971 Code. Amendments noted where applicable.]
Subject to the provisions of this article, the creation of any unreasonably loud, disturbing and unnecessary noise in the Borough of Beach Haven is prohibited.
[Amended 5-29-1973 by Ord. No. 73-6]
A. 
Findings and declaration. It is hereby found and declared that:
(1) 
The making, creation or maintenance of excessive, unnecessary, unnatural or unusually loud noises constitutes a detriment to the public health, comfort, safety and welfare of the residents of the Borough of Beach Haven.
(2) 
The necessity in the public interest for the provisions, regulations and prohibitions contained in this article is declared as a matter of legislative determination and public policy, and it is further declared that the provisions, regulations and prohibitions hereinafter contained are in pursuance of and for the purpose of securing and promoting the public health, safety and welfare and the peace and quiet of the Borough of Beach Haven and its inhabitants.
B. 
Definitions.
(1) 
[1]As used in this article, the following terms shall have the meanings indicated:
DAYTIME HOURS
7:00 a.m. to 10:00 p.m. Sunday through Thursday.
7:00 a.m. to 11:00 p.m. Friday and Saturday.
[Added 2-9-2015 by Ord. No. 2015-5C; amended 12-11-2017 by Ord. No. 2017-37C]
NIGHTTIME HOURS
10:00 p.m. to 7:00 a.m. Sunday through Thursday.
11:00 p.m. to 7:00 a.m. Friday and Saturday.
[Added 2-9-2015 by Ord. No. 2015-5C; amended 12-11-2017 by Ord. No. 2017-37C]
PLAINLY AUDIBLE
Any sound that can be detected by a person using his or her unaided hearing faculties of normal acuity. 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 base component of the music is sufficient to verify plainly audible sound. The law enforcement officer need not determine the title, specific words of the artist performing the song.
[Added 2-9-2015 by Ord. No. 2015-5C]
ZERO-TOLERANCE ZONE
Areas in the Borough of Beach Haven which, because of the history of repeated or continuous noise violations, are designated as zero-tolerance zones and special enforcement areas as designated by signs placed from time to time according to the above as determined by the Borough Manager and the Chief of Police. Any violations occurring in such a zero-tolerance zone shall be subject to § 134-4.
[Added 6-8-1998 by Ord. No. 98-10; amended 9-13-2010 by Ord. No. 2010-20]
[1]
Editor's Note: Former Subsection B(1), regarding acoustical words and terms and acoustical measurements, was repealed 2-9-2015 by Ord. No. 2015-5C; said ordinance also redesignated former Subsection B(2) as B(1).
[Amended 5-29-1973 by Ord. No. 73-6]
A. 
Specific noise prohibitions.
[Amended 9-13-2004 by Ord. No. 2004-21; 2-9-2015 by Ord. No. 2015-5C[1]]
(1) 
Unless exempted under the provisions of this article, no person shall cause to be made, directly or indirectly, any loud noise which disturbs, injures or endangers the health, comfort, safety or welfare of others within the Borough of Beach Haven.
(a) 
When an officer can hear plainly audible music or other sound at a distance of 100 feet beyond the property line of the noise-generating property during nighttime hours, or any unreasonable sound at or within a complainant’s property during daytime hours, there is a violation of this section and the violator is subject to the penalties contained in § 1-16 of the Code of the Borough of Beach Haven.
(2) 
The following specific acts are declared to be loud, disturbing and unnecessary noises in violation of this article, but said enumeration shall not be deemed to be exclusive:
(a) 
No person shall, within the limits of the Borough of Beach Haven, operate or use radio, television, or any other sound-producing instrument, device or apparatus in such a manner that will disturb the rest or repose of any person or persons in his, her or their place of abode or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle, chamber or premises in or at which such manner or device is operated and who are voluntary listeners thereto.
(b) 
Construction or repairing of buildings. The erection ( including excavating), demolition, alteration or repair of any building other than between the hours of 8: 00 a.m. and 6: 00 p.m. on weekdays and 9: 00 a.m. and 6:00 p.m. on Saturdays; Memorial Day through Labor Day annually. At any other time, the erection, demolition, alteration or repair of any building other than between the hours of 7: 00 a.m. and 6: 00 p.m. on weekdays and 9: 00 a.m. and 6: 00 p.m. on Saturdays, except in case of urgent necessity in the interest of public health and safety, and then only with a permit from the Building Inspector, which permit may be granted for a period not to exceed three days or less while the emergency continues and which permit may be renewed for a period of three days or less while the emergency continues. Sunday hours are not permitted.
[Amended 11-12-2019 by Ord. No. 2019-28C]
(c) 
Landscaping, installation of pavers and masonry work. The forming of any landscaping, installation of pavers or masonry work on any lands within the Borough of Beach Haven other than between the hours of 8:00 a.m. and 6: 00 p.m. on weekdays and 9: 00 a.m. and 6: 00 p.m. on Saturdays; Memorial Day through Labor Day annually. At any other time of the year, the erection, demolition, alteration or repair of any building other than between the hours of 7:00 a.m. and 6: 00 p.m. on weekdays and 9: 00 a.m. and 6:00 p. m. on Saturdays, except in the case of urgent necessity in the interest of public health and safety and then only with a permit from the Building Inspector, which permit may be granted for a period not to exceed three days while the emergency continues and which permit may be renewed for a period of not exceeding a single period not to exceed three days while the emergency continues. Sunday hours are not permitted.
[Amended 11-12-2019 by Ord. No. 2019-28C]
(d) 
Cutting of pavers, stone, brick, slate, or masonry, except with the use of water dampening devices to hold down noise and dust.
(e) 
Yelling, shouting and the like. Yelling, shouting, hooting, whistling or singing on the public streets at any time or place so as to annoy or disturb the quiet, comfort or repose of persons in any office, dwelling, hotel, motel or other type of residence or of any persons in the vicinity.
(3) 
If any person who is not exempted under the provisions of this article shall cause to be made any of the noises prohibited under this article, said individual shall be in violation of this article.
[1]
Editor's Note: This ordinance also repealed former Subsection A, Prohibited sound levels, as amended, and redesignated former Subsection B as Subsection A; former Subsection C was redesignated as Subsection B.
B. 
Exceptions. The prohibitions contained in this article shall not apply to persons:
(1) 
Who are engaged in the performance of any public or governmental function such as the sounding of a church or school bell or a police, fire, ambulance, air-raid or like disaster warning, alert or alarm, whether such alarm is for an actual emergency purpose or for practice or drilling purposes.
(2) 
Who are engaged in religious, charitable, recreational, civic or political activity by means of a sound truck or other amplifying device, for nonprofit purposes, provided that such persons shall have first filed with the Council an application for a permit setting forth the sponsorship, date, hours and routes of such activity and the Council shall have issued a permit after having ascertained that such activity is not in conflict, in terms of hours, route, traffic volume and like factors, with any other previously scheduled activity.
[Amended 9-13-2010 by Ord. No. 2010-20]
(3) 
Who are engaged in any activity specifically permitted or required by any ordinance, resolution, statute or governmental regulation.[2]
[2]
Editor's Note: Former § 88-4, Violations and penalties, which immediately followed this subsection, was repealed 5-26-1981 by Ord. No. 81-6. For current penalty provisions, see § 1-16, General penalty provisions, of this Code.
[Added 6-8-1998 by Ord. No. 98-10]
A. 
Prohibited acts. No persons shall cause, suffer, allow or permit to be made verbally or mechanically any noise disturbance in a zero-tolerance zone. Noncommercial public speaking and public assembly activities conducted on any public space or public right-of-way shall be exempt from the enforcement of this section.
B. 
The fact that a noise violation occurred in a zero-tolerance zone shall be considered by the Municipal Court Judge as an aggravating factor in determining the appropriate sentence.[1][2]
[1]
Editor's Note: Former Subsection B was repealed and Subsection C renumbered as Subsection B 11-8-2004 by Ord. No. 2004-25.
[2]
Editor's Note: Former § 134-5, Additional remedy, added 5-29-1973 by Ord. No. 73-6 and which immediately followed this subsection, was repealed 2-9-2015 by Ord. No. 2015-5C.
[Adopted 12-12-2016 by Ord. No. 2016-27C]
A. 
Whereas excessive sound is a serious hazard to the public health, welfare, safety, and the quality of life; and
B. 
Whereas a substantial body of science and technology exists by which excessive sound may be substantially abated; and
C. 
Whereas the people have a right to, and should be ensured of, an environment free from excessive sound; and
D. 
Whereas, this article is intended to implement, as an alternative to the noise enforcement provided by Article I, the noise control provisions authorized by the Noise Control Act of 1971[1] and the model noise control ordinance promulgated by the New Jersey Department of Environmental Protection.
[1]
Editor's Note: See N.J.S.A. 13:1G-1 et seq.
E. 
Now therefore, it is the policy of the Borough of Beach Haven to prevent excessive sound that may jeopardize the health, welfare, or safety of the citizens or degrade the quality of life.
The following words and terms, when used in this article, shall have the following meanings, unless the context clearly indicates otherwise. Terms not defined in this article have the same meaning as those defined in N.J.A.C. 7:29.
CONSTRUCTION
Any site preparation, assembly, erection, repair, alteration or similar action of buildings or structures.
dBC
The sound level as measured using the "C" weighting network with a sound level meter meeting the standards set forth in ANSI S1.4-1983 or its successors. The unit of reporting is dB(C). The "C" weighting network is more sensitive to low frequencies than is the "A" weighting network.
DEMOLITION
Any dismantling, destruction or removal of buildings, structures, or roadways.
DEPARTMENT
The New Jersey Department of Environmental Protection.
EMERGENCY WORK
Any work or action necessary at the site of an emergency to restore or 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, dredging navigational waterways, or abating life-threatening conditions or a state of emergency declared by a governing agency.
IMPULSIVE SOUND
Either a single pressure peak or a single burst (multiple pressure peaks) that has a duration of less than one second.
MINOR VIOLATION
A violation that is not the result of the purposeful, reckless or criminally negligent conduct of the alleged violator; and/or the activity or condition constituting the violation has not been the subject of an enforcement action by any authorized local, county or state enforcement agency against the violator within the immediately preceding 12 months for the same or substantially similar violation.
MOTOR VEHICLE
Any vehicle that is propelled other than by human or animal power on land.
MUFFLER
A properly functioning sound dissipative device or system for abating the sound on engines or equipment, where such device is part of the normal configuration of the equipment.
MULTIDWELLING UNIT BUILDING
Any building comprising two or more dwelling units, including, but not limited to, apartments, condominiums, co-ops, multiple-family houses, townhouses, and attached residences.
MULTIUSE PROPERTY
Any distinct parcel of land that is used for more than one category of activity. Examples include, but are not limited to:
A. 
A commercial, residential, industrial or public service property having boilers, incinerators, elevators, automatic garage doors, air conditioners, laundry rooms, utility provisions, or health and recreational facilities, or other similar devices or areas, either in the interior or on the exterior of the building, which may be a source of elevated sound levels at another category on the same distinct parcel of land; or
B. 
A building, which is both commercial (usually on the ground floor) and residential property, located above, below or otherwise adjacent to.
NOISE CONTROL INVESTIGATOR (NCI)
An employee of a municipality, county or regional health commission that has a Department-approved model noise control ordinance and the employee has not received noise enforcement training as specified by the Department in N.J.A.C. 7:29. However, they are knowledgeable about their model noise ordinance and enforcement procedures. A Noise Control Investigator may only enforce sections of the ordinance that do not require the use of a sound level meter. The employee must be acting within his or her designated jurisdiction and must be authorized to issue a summons.
NOISE CONTROL OFFICER (NCO)
An employee of a local, county or regional health agency which is certified pursuant to the County Environmental Health Act (N.J.S.A. 26:3A2-21 et seq.) to perform noise enforcement activities or an employee of a municipality with a Department-approved model noise control ordinance. All NCOs must receive noise enforcement training as specified by the Department in N.J.A.C. 7:29 and is currently certified in noise enforcement. The employee must be acting within his or her designated jurisdiction and must be authorized to issue a summons.
PLAINLY AUDIBLE
Any sound that can be detected by an NCO or an NCI using his or her unaided hearing faculties of normal acuity. As an example, if the sound source under investigation is a portable or vehicular sound amplification or reproduction device, the detection of the rhythmic bass component of the music is sufficient to verify plainly audible sound. The NCO or NCI need not determine the title, specific words, or the artist performing the song.
PRIVATE RIGHT-OF-WAY
Any street, avenue, boulevard, road, highway, sidewalk, alley or easement that is owned, leased, or controlled by a nongovernmental entity.
PUBLIC RIGHT-OF-WAY
Any street, avenue, boulevard, road, highway, sidewalk, alley or easement that is owned, leased, or controlled by a governmental entity.
PUBLIC SPACE
Any real property or structures thereon that are owned, leased, or controlled by a governmental entity.
REAL PROPERTY LINE
Either the vertical boundary that separates one parcel of property (i.e., lot and block) from another residential or commercial property; the vertical and horizontal boundaries of a dwelling unit that is part of a multidwelling unit building; or on a multiuse property as defined herein, the vertical or horizontal boundaries between the two portions of the property on which different categories of activity are being performed (e.g., if the multiuse property is a building which is residential upstairs and commercial downstairs, then the real property line would be the interface between the residential area and the commercial area, or if there is an outdoor sound source such as an HVAC unit on the same parcel of property, the boundary line is the exterior wall of the receiving unit). Note: This definition shall not apply to a commercial source and a commercial receptor which are both located on the same parcel of property (e.g., a strip mall).
SOUND PRODUCTION DEVICE
Any device whose primary function is the production of sound, including, but not limited to, any musical instrument, loudspeaker, radio, television, digital or analog music player, public address system or sound-amplifying equipment.
SOUND REDUCTION DEVICE
Any device, such as a muffler, baffle, shroud, jacket, enclosure, isolator, or dampener provided by the manufacturer with the equipment, or that is otherwise required, that mitigates the sound emissions of the equipment.
WEEKDAY
Any day that is not a federal holiday, and beginning on Monday at 7:00 a.m. and ending on the following Friday at 6:00 p.m.
WEEKENDS
Beginning on Friday at 6:00 p.m. and ending on the following Monday at 7:00 a.m.
A. 
This article applies to sound from the following property categories:
(1) 
Industrial facilities;
(2) 
Commercial facilities;
(3) 
Public service facilities;
(4) 
Community service facilities;
(5) 
Residential properties;
(6) 
Multiuse properties;
(7) 
Public and private rights-of-way;
(8) 
Public spaces; and
(9) 
Multidwelling unit buildings.
B. 
This article applies to sound received at the following property categories:
(1) 
Commercial facilities;
(2) 
Public service facilities;
(3) 
Community service facilities (e.g., nonprofits and/or religious facilities);
(4) 
Residential properties;
(5) 
Multiuse properties;
(6) 
Multidwelling unit buildings.
C. 
Sound from stationary emergency signaling devices shall be regulated in accordance with N.J.A.C. 7:29-1.4, except that the testing of the electromechanical functioning of a stationary emergency signaling device shall not meet or exceed 10 seconds.
A. 
Except as provided in §§ 134-12 and 134-13 below, the provisions of this article shall not apply to the exceptions listed at N.J.A.C. 7:29-1.5.
B. 
Sound production devices required or sanctioned under the Americans with Disabilities Act (ADA), FEMA or other government agencies to the extent that they comply with the noise requirement of the enabling legislation or regulation. Devices which are exempted under N.J.A.C. 7:29-1.5 shall continue to be exempted.
C. 
Construction and demolition activities are exempt from the sound level limits set forth in Tables I, II and III, except as provided for in § 134-12.
A. 
Noise Control Officers shall have the authority within their designated jurisdiction to investigate suspected violations of any section of this article and pursue enforcement activities.
B. 
Noise Control Investigators shall have the authority within their designated jurisdiction to investigate suspected violations of any section of this article that do not require the use of a sound level meter (i.e., plainly audible, times of day and/or distance determinations) and pursue enforcement activities.
C. 
Noise Control Officers and Investigators may cooperate with NCOs and NCIs of an adjacent municipality in enforcing one another's municipal noise ordinances.
A. 
Sound measurements made by a Noise Control Officer shall conform to the procedures set forth at N.J.A.C. 7:29-2, except that interior sound level measurements shall also conform with the procedures set forth in § 134-10B of this article and with the definition of "real property line" as contained herein.
B. 
When conducting indoor sound level measurements across a real property line, the measurements shall be taken at least three feet from any wall, floor or ceiling, and all exterior doors and windows may, at the discretion of the investigator, be closed. The neighborhood residual sound level shall be measured in accordance with N.J.A.C. 7:29-2.9(b)2. When measuring total sound level, the configuration of the windows and doors shall be the same and all sound sources within the dwelling unit must be shut off (e.g., television, stereo). Measurements shall not be taken in areas which receive only casual use, such as hallways, closets and bathrooms.
A. 
No person shall cause, suffer, allow, or permit the operation of any source of sound on any source property listed in § 134-7A above in such a manner as to create a sound level that equals or exceeds the sound level limits set forth in Tables I, II or III when measured at or within the real property line of any of the receiving properties listed in Tables I, II or III except as specified in § 134-10B.
B. 
Impulsive sound. Between 7:00 a.m. and 10:00 p.m., impulsive sound shall not equal or exceed 80 decibels. Between 10:00 p.m. and 7:00 a.m., impulsive sound which occurs less than four times in any hour shall not equal or exceed 80 decibels. Impulsive sound which repeats four or more times in any hour shall be measured as continuous sound and shall meet the requirements as shown in Tables I and II.
Table I
Maximum Permissible A-Weighted Sound Levels When Measured Outdoors
Receiving Property Category
Residential property or residential portion of a multiuse property
Commercial facility, public service facility, nonresidential portion of a multiuse property, or community service facility
Time
7:00 a.m. to 10:00 p.m./10:00 p.m. to 7:00 a.m.
24 hours
Maximum A-Weighted Sound Level Standard, dB.
65/50
65
Table II
Maximum Permissible A-Weighted Sound Levels When Measured Indoors
Receiving Property Category
Residential property or residential portion of a multiuse property
Commercial facility or nonresidential portion of a multiuse property
Time
7:00 p.m. to 10:00 p.m./10:00 p.m. to 7:00 a.m.
24 hours
Maximum A-Weighted Sound Level Standard, dB.
55/40
55
Note: Table shall only apply when the source and the receptor are separated by a real property line and they also share a common or abutting wall, floor or ceiling or are on the same parcel of property.
Table III
Maximum Permissible Octave Band Sound Pressure Levels In Decibels
Receiving Property Category
Residential property or residential portion of a multiuse property
Residential property or residential portion of a multiuse property
Commercial facility, public service facility, nonresidential portion of a multiuse property or a community service facility
Commercial facility or nonresidential portion of a multiuse property
Outdoors
Indoors
Outdoors
Indoors
Octave Band Center Frequency, Hz
Octave band sound pressure level, dB
Octave band sound pressure level, dB
Octave band sound pressure level, dB
Octave band sound pressure level, dB
Time
7:00 a.m. to 10:00 p.m./10:00 p.m. to 7:00 a.m.
7:00 a.m. to 10:00 p.m. / 10:00 p.m. to 7:00 a.m.
24 hours
24 hours
31.5
96/86
86/76
96
86
63
82/71
72/61
82
72
125
74/61
64/51
74
64
250
67/53
57/43
67
57
500
63/48
53/38
63
53
1,000
60/45
50/35
60
50
2,000
57/42
47/32
57
47
4,000
55/40
45/30
55
45
8,000
53/38
43/28
53
43
Note: When octave measurements are made, the sound from the source must be constant in level and character. If octave band sound pressure level variations exceed plus or minus two dB in the bands containing the principal source frequencies, discontinue the measurement.
Table IV
Maximum Permissible Increase in Total Sound Levels Within A Residential Property
Week Nights 10:00 p.m. to 7:00 a.m. Weekend Nights 11:00 p.m. to 9:00 a.m.
All other times
3 dB (C)
6 dB (C)
The following standards shall apply to the activities or sources of sound set forth below:
A. 
Power tools, home maintenance tools, landscaping and/ or yard maintenance equipment used by a residential property owner or tenant shall not be operated between the hours of 6:00 p.m. and 8:00 a.m., excluding emergency work, unless such activities can meet the applicable limits set forth in Table I, II or III. Sunday hours are not permitted. At all other times the limits set forth in Table I, II or III do not apply. All motorized equipment used in these activities shall be operated with a muffler and/ or sound-reduction device.
[Amended 11-12-2019 by Ord. No. 2019-28C]
B. 
Power tools, landscaping and/or yard maintenance equipment used by nonresidential operators (e.g., commercial operators) shall not be operated on a residential, commercial, or industrial property between the hours of 6:00 p.m. and 8:00 a.m. on weekdays, or between the hours of 6:00 p.m. and 9:00 a.m. on Saturdays, excluding emergency work, between Memorial Day and Labor Day annually, unless such activities can meet the limits set forth in Table I, II or III. At any other time of the year, power tools, landscaping and/ or yard maintenance equipment used by nonresidential operators (e.g., commercial operators) shall not be operated on a residential, commercial, or industrial property between the hours of 6:00 p.m. and 7:00 a.m. on weekdays and 6:00 p. m. and 9:00 a.m. on Saturdays. Sunday hours are not permitted. At all other times the limits set forth in Table I, II or III do not apply. All motorized equipment used in these activities shall be operated with a muffler and/ or sound-reduction device.
[Amended 11-12-2019 by Ord. No. 2019-28C]
C. 
All construction and demolition activity, excluding emergency work, shall not be performed between the hours of 6:00 p.m. and 8:00 a.m. on weekdays, or between the hours of 6:00 p.m. and 9:00 a.m. on Saturdays, between Memorial Day and Labor Day annually unless such activities can meet the limits set forth in Table I, II or III. At any other time of the year, construction and demolition activity, excluding emergency work, shall not be performed between the hours of 6:00 p.m. and 7:00 a.m. on weekdays and 6:00 p.m. and 9:00 a.m. on Saturdays. Sunday hours are not permitted. At all other times the limits set forth in Table I, II or III do not apply. All motorized equipment used in construction and demolition activity shall be operated with a muffler and/ or sound-reduction device.
[Amended 11-12-2019 by Ord. No. 2019-28C]
D. 
Motorized snow removal equipment shall be operated with a muffler and/or a sound reduction device when being used for snow removal. At all other times the limits set forth in Tables I, II or III do not apply.
E. 
All interior and exterior burglar alarms of a building or motor vehicle must be activated in such a manner that the burglar alarm terminates its operation within five minutes for continuous airborne sound and 15 minutes for intermittent sound after it has been activated. At all other times, the limits set forth in Tables I, II or III do not apply.
F. 
Self-contained, portable, nonvehicular music or sound production devices shall not be operated on a public space or public right-of-way in such a manner as to be plainly audible at a distance of 50 feet in any direction from the operator between the hours of 8:00 a.m. and 10:00 p.m. Between the hours of 10:00 p.m. and 8:00 a.m., sound, operated on a public space or public right-of-way, from such equipment shall not be plainly audible at a distance of 25 feet in any direction from the operator.
G. 
It shall be unlawful for any property owner or tenant to allow any domesticated or caged animal to create a sound across a real property line which unreasonably disturbs or interferes with the peace, comfort, and repose of any resident, or to refuse or intentionally fail to cease the unreasonable noise when ordered to do so by a Noise Control Officer or Noise Control Investigator. Prima facie evidence of a violation of this section shall include, but not be limited to, vocalizing (howling, yelping, barking, squawking, etc.) for five minutes without interruption, defined as an average of four or more vocalizations per minute in that period; or vocalizing for 20 minutes intermittently, defined as an average of two vocalizations or more per minute in that period. It is an affirmative defense under this subsection that the dog or other animal was intentionally provoked to bark or make any other noise.
H. 
The operation of emergency electrical generators for routine maintenance and routine regular operations is limited to between the hours of 9:00 a.m. and 7:00 p.m. This time limitation shall not apply when electrical power serving the property on which the emergency electrical generator is located fails and the operation of the emergency electrical generator is required to provide power for any structures on the lot which such emergency generators serve.
A. 
No person shall remove or render inoperative, or cause to be removed or rendered inoperative or less effective than originally equipped, other than for the purposes of maintenance, repair, or replacement, any device or element of design incorporated in any motor vehicle for the purpose of noise control. No person shall operate a motor vehicle or motorcycle which has been so modified. A vehicle not meeting these requirements shall be deemed in violation of this provision if it is operated, stationary or in motion, in any public space or public right-of-way.
B. 
No motorcycle shall be operated, stationary or in motion, unless it has a muffler that complies with and is labeled in accordance with the Federal Noise Regulations under 40 CFR Part 205.
C. 
Personal or commercial vehicular music amplification or reproduction equipment shall not be operated in such a manner that it is plainly audible at a distance of 25 feet in any direction from the operator between the hours of 10:00 p.m. and 8:00 a.m.
D. 
Personal or commercial vehicular music amplification or reproduction equipment shall not be operated in such a manner that is plainly audible at a distance of 50 feet in any direction from the operator between the hours of 8:00 a.m. and 10:00 p.m.
E. 
Violations of each subsection of this section shall be considered purposeful and therefore nonminor violations.
A. 
Violation of any provision of this article shall be cause for a notice of violation (NOV) or a notice of penalty assessment (NOPA) document to be issued to the violator by the Noise Control Officer or Noise Control Investigator.
B. 
Any person who violates any provision of this article shall be subject to a civil penalty for each offense of not more than the maximum penalty pursuant to N.J.S.A. 40:49-5. If the violation is of a continuing nature, each day during which it occurs shall constitute an additional, separate, and distinct offense.
C. 
Upon identification of a violation of this article, the Noise Control Officer or Noise Control Investigator shall issue an enforcement document to the violator. The enforcement document shall identify the condition or activity that constitutes the violation and the specific provision of this article that has been violated. It shall also indicate whether the violator has a period of time to correct the violation before a penalty is sought.
D. 
If the violation is deemed by the Noise Control Officer or Noise Control Investigator to be a minor violation (as defined in § 134-6 of this article), an NOV shall be issued to the violator.
(1) 
The document shall indicate that the purpose of the NOV is intended to serve as a notice to warn the responsible party/violator of the violation conditions in order to provide them with an opportunity to voluntarily investigate the matter and voluntarily take corrective action to address the identified violation.
(2) 
The NOV shall identify the time period (up to 90 days), pursuant to the Grace Period Law, N.J.S.A. 13:1D-125 et seq., where the responsible party's/violator's voluntary action can prevent a formal enforcement action with penalties issued by the Health Department of the Borough of Beach Haven. It shall be noted that the NOV does not constitute a formal enforcement action, a final agency action or a final legal determination that a violation has occurred. Therefore, the NOV may not be appealed or contested.
E. 
If the violation is deemed by the Noise Control Officer or Noise Control Investigator to be a nonminor violation, the violator shall be notified that, if the violation is not immediately corrected, an NOPA with a civil penalty of not more than the maximum penalty allowed pursuant to N.J.S.A. 40:49-5 will be issued. If a nonminor violation is immediately corrected, an NOV without a civil penalty shall still be issued to document the violation. If the violation occurs again (within 12 months of the initial violation) an NOPA shall be issued, regardless of whether the violation is immediately corrected or not.
F. 
The violator may request from the Noise Control Officer or Noise Control Investigator an extension of the compliance deadline in the enforcement action. The Noise Control Officer or Noise Control Investigator shall have the option to approve any reasonable request for an extension (not to exceed 180 days) if the violator can demonstrate that a good faith effort has been made to achieve compliance. If an extension is not granted and the violation continues to exist after the grace period ends, an NOPA shall be issued.
G. 
The recipient of an NOPA shall be entitled to a hearing in a municipal court having jurisdiction to contest such action.
H. 
The Noise Control Officer or Noise Control Investigator may seek injunctive relief if the responsible party does not remediate the violation within the period of time specified in the NOPA issued.
I. 
Any claim for a civil penalty may be compromised and settled based on the following factors:
(1) 
Mitigating or any other extenuating circumstances;
(2) 
The timely implementation by the violator of measures which lead to compliance;
(3) 
The conduct of the violator; and
(4) 
The compliance history of the violator.
A. 
If any provision or portion of a provision of this article is held to be unconstitutional, preempted by federal or state law, or otherwise invalid by any court of competent jurisdiction, the remaining provisions of the article shall not be invalidated.
B. 
All ordinances or parts of ordinances which are inconsistent with any provisions of this article are hereby repealed as to the extent of such inconsistencies.
C. 
No provision of this article shall be construed to impair any common law or statutory cause of action, or legal remedy therefrom, of any person for injury or damage arising from any violation of this article or from other law.