[HISTORY: Adopted by the City Council of
the City of Long Branch 4-24-1979 by Ord. No. 943 (Sec. 6-2 of the 1971
Code). Amendments noted where applicable.]
[Amended 5-22-1979 by Ord. No. 944]
It shall be unlawful for any person to make, continue or cause to be made or continued any loud, unnecessary or unusual noise or any noise which endangers the health, safety or welfare of the community or which annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others nearby or near to or upon a public highway, road, street, lane, alley, park residence, square or common whereby the public peace is broken or disturbed or exceeds the sound pressure levels enumerated in § 235-4.
[Amended 5-22-1979 by Ord. No. 944]
A.
The following acts, among others, are declared to be loud, unnecessary, disturbing and a danger to the health, safety and welfare of the community and its people, in violation of § 235-1, but the enumeration shall not be deemed to be exclusive, namely:
(1)
Horns, signaling devices, etc. The sounding of any
horn or signaling device on any automobile, motorcycle, street car,
bus or other vehicle in the city except as a danger warning; the creation
by means of any such signaling device of any unreasonably loud or
harsh sound; the sounding of any such device for an unnecessary and
unreasonable period of time; the use of any horn, whistle or other
device operated by engine, exhaust or by compressed air or gas or
by vacuum; and the use of any such signaling device when traffic is
for any reason held up.
(2)
Radios, televisions, phonographs, tape recorders,
etc.
(a)
The using, operation or permitting to be played,
used or operated, either indoors or outdoors, of any radio receiving
set, television receiver, musical instrument, phonograph, tape recorder
or other machine or device for the producing or reproducing of sound
in such a manner as to disturb the peace, quiet and comfort of the
neighboring inhabitants 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 which such machine or
device is operated and who are voluntary listeners thereto. The operation
of such a set, instrument, phonograph, machine or device shall conform
to the values in Table I[1] as measured in an attached or neighboring apartment, townhouse,
condominium, living quarters, etc., or at the property line, whichever
is less.
[Amended 5-22-1979 by Ord. No. 944]
[1]
Editor's Note: Table I is located at the end
of this chapter.
(b)
Notwithstanding anything to the contrary in
this subsection, chapter, Code or any other ordinance of the City
of Long Branch, no person other than a duly licensed business legally
operating on the property shall operate, play or permit the operation
or playing of any radio, television, phonograph or similar device
that produces or amplifies sound on any public road, highway, right-of-way,
street, sidewalk, boardwalk, park or beach unless the person operating
or playing said device is using earphones which restrict the sound
emanating from said device to hearing of the operator only. This prohibition
shall not apply to the playing of a motor vehicle radio or cassette
that is part of the equipment that is installed in such vehicle.
[Added 6-22-1986 by Ord. No. 1283]
(3)
Loudspeakers, amplifiers. The using, operating or permitting to be played, used or operated any receiving set, musical instrument, phonograph, loudspeaker, sound amplifier, tape recorder or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or for any other purpose, except as authorized by governmental authorities in connection with law enforcement or public emergencies, provided that such devices may be employed in connection with nonprofit charitable, educational, civic, religious or recreational activities in accordance with permits first obtained therefor from the Director of Public Safety pursuant to § 235-5 hereof.
(4)
People noise. Yelling, shouting, whistling, singing
or conducting unnecessarily loud or annoying vocal utterances at any
time or place so as unreasonably to annoy or disturb the quiet, comfort
or repose of any person in any residence, office, hospital, school,
place of business, street or public place or of any persons in the
vicinity.
(5)
Animals, birds, etc. The keeping of any animal or bird which by causing frequent or long-continued noise shall disturb the comfort or repose of any persons in the vicinity, but nothing herein contained is intended to apply to a dog pound or kennel licensed in accordance with Chapter 109, Animals, Article I, Dogs.
(6)
Nonvehicular whistles, horns and other signaling devices.
The sounding of any whistle, horn or other signaling device except
to give notice of the time to begin or stop work or as a warning of
fire or danger or upon request of proper city authorities or as may
be required by general law or ordinance.
(7)
Exhausts. The discharge into the open air of the exhaust
of any steam engine, stationary jet or internal combustion engine
or motor vehicle, except through a muffler or other device which will
effectively prevent loud or explosive noises therefrom.
(8)
Vehicles and their loads. The use of any automobile,
motorcycle, truck or vehicle so out of repair, so loaded or operated
in such a manner as to create loud and unnecessary grating, grinding,
rattling or other noise.
(9)
Construction work.
(a)
The excavation, grading, paving, erection, demolition, alteration or repair of any premises, street, building or structure at any time on Sundays, or other than between the hours of 8:00 a.m. and 6:00 p.m. on Saturdays or between the hours of 7:00 a.m. and 6:00 p.m. on all other days, except in case of urgent necessity in the interest of public health and safety and if the nature of the emergency will admit of the prior procurement of a permit, then only in accordance with a permit first obtained from the City Engineer as to public street work, or from the City Construction Code Official as to other work, pursuant to § 235-5 hereof. Such permit may be granted for a period not to exceed three days or less while the emergency continues.
(b)
Notwithstanding the foregoing, if the Engineer
or Construction Code Official, as the case may be, shall determine
that the public health and safety will not be impaired by such work
within the prohibited hours, and if he shall further determine that
loss or inconvenience would result to any party in interest, he may
grant permission for such work to be done within the prohibited hours
upon application being made at the time the permit for the work is
issued or during the progress of the work. The provisions of this
subsection shall not apply to interior or exterior repairs or to interior
alterations, the work for which is actually performed by a homeowner
or occupant, personally, between the hours of 8:00 a.m. and 10:00
p.m., upon residential premises that are owned by such homeowner or
that are occupied by such occupant, provided that the work shall be
done without undue noise or disturbance of the peace and quiet of
the neighborhood.
(10)
Loading, unloading, opening boxes. The creation of
loud and excessive noise in connection with the loading or unloading
of any vehicle or the opening or destruction of bales, boxes, crates
and containers.
(11)
Excessive noise.
(a)
The creation of excessive noise in any school
grounds, church, synagogue, hospital, school building, institution
of learning, court or public building or place of public assembly
while the same are in use and which unreasonably interferes with the
working of the institution or place or unduly annoys persons therein.
(b)
The creation of excessive noise on any street
adjacent to such grounds, places or buildings, while the same are
in use, which unduly interferes with the working of the institution
or place or unduly annoys persons therein, provided that conspicuous
signs are displayed in such street indicating that it is a zone of
quiet for a specified reason.
(12)
Drums. The use of any drum or other instrument or
device for the purpose of attracting attention to any performance
show or sale, except in connection with any school or civic activity
or where a parade permit has been issued.
(13)
Hawkers, peddlers. The shouting and crying of peddlers,
hawkers and vendors which disturbs the peace and quiet of the neighborhood.
(14)
Commercial transport. The causing, permitting or continuing
of any excessive, unnecessary and avoidable noise in the operation
of railroad cars, locomotives, buses and trucks.
(15)
Blowers. The operation of any noise-creating blower
or power fan or any internal combustion engine, the operation of which
causes noise due to the explosion of operating gases or fluids, unless
the noise from such blower or fan is adequately muffled and such engine
is equipped with a muffler device sufficient to deaden such noises.
(16)
Lawn mowers, chain saws, etc. The operation or use
of any power lawn mower, chain saw, fence post driller or the like,
between the hours of 8:00 p.m. and 8:00 a.m.
(17)
Miscellaneous night noises. Any of the following activities,
when occurring in close proximity to residences between 11:00 p.m.
and 7:00 a.m.: the unnecessary warming up or idling of buses, trucks
or tractors and the unnecessary and repeated idling, acceleration
and deceleration or starting and stopping of automobiles and motorcycles.
B.
The above enumeration is intended to give typical
illustrations of prohibited noise and shall not be construed as exclusive.
Sound trucks may be operated in accordance with
the following regulations upon the issuance of a permit by the Director
of Public Safety for each occasion and each location:
A.
Sound trucks shall not be operated in residential
zones in the city before 9:00 a.m. and after 7:00 p.m.
B.
Sound trucks shall not be operated in commercial zones
in the city before 9:00 a.m. and after 9:00 p.m.
C.
Moving sound trucks shall keep to the extreme right-hand
side of the road and shall proceed at a speed of not less than 10
miles per hour.
D.
Stationary sound trucks are prohibited in all residential
zones in the city, but may be operated in commercial zones during
the hours referred to above.
[Amended 5-22-1979 by Ord. No. 944]
No person shall use or operate any facility, machine or instrumentality or produce or cause to be produced any sound in the City of Long Branch when the same shall produce noise and a sound pressure level in excess of the level permitted by Tables I and II attached to this chapter; subject, however, to the exceptions attached to and made a part of Table I and together with the addendum attached to and made a part of Table II.
A.
The officer charged with the responsibility of issuing permits for the activities requiring permits in accordance with § 235-2 hereof shall issue permits for such activities if such officer shall find that the activities will not unduly or unnecessarily annoy, disturb, injure or endanger the comfort, repose, health, peace or safety of others, that the activities will not violate any other ordinance or law or create a public nuisance and that the public health and safety will not be endangered thereby.
B.
Permits shall specify the dates and hours of the permitted
activities, which shall not be allowed between the hours of 10:00
p.m. and 7:00 a.m. unless the issuing officer shall determine that
it is in the best interest of the community that the activity take
place wholly or partially during such hours.
C.
The issuing officers are authorized to adopt and use
such forms of applications and permits as may be reasonably required
in the performance of their duties. Each application for a permit
shall be accompanied by a fee of $2, which shall be payable to the
City of Long Branch.
An applicant for a permit hereunder shall have
the right to appeal to the City Council from the denial of the permit
by the issuing officer. Such appeal shall be taken by filing a written
notice of appeal addressed to the City Council. Such notice shall
be filed within three days after the issuing officer shall have notified
the applicant of the denial of the permit. The City Council shall
act upon the appeal as soon as practicable after receiving the notice
thereof and shall give the applicant an opportunity to be heard before
taking action. The City Council may affirm or reverse the issuing
officer's denial of the permit or may grant the permit with modifications
or conditions.
[Amended 5-22-1979 by Ord. No. 944]
Nothing in this chapter shall be construed to apply to church bells, or chimes; or to the playing of bands or orchestras in a hall or building owned or operated by an eleemosynary organization in a manner which will not annoy the peace, comfort and quiet of the neighboring inhabitants; or to municipal, county, state or federal government agencies in connection with any emergency; or to normal working activities of or sponsored by the City Council or to warning devices on vehicles used only for traffic safety purposes or as specifically permitted in § 235-2.
A.
It shall be the duty of the Police Department of the
city to enforce the provisions of this chapter. In addition to public
law enforcement officers and others who by law are entitled to enforce
or bring complaints under this chapter, the officers who are designated
hereunder for the issuance of permits as well as the Construction
Code Officials shall have the power to enforce and bring complaints
under this chapter.
B.
A violation of this chapter shall be cause for summons
and complaint to be issued forthwith, and failure to desist upon being
warned by an enforcement officer shall constitute an additional separate
offense; provided, however, that if the noise source is not a readily
identifiable individual or a motor vehicle moving on a public right-of-way,
in lieu of a summons and complaint, enforcement personnel may issue
a twenty-four-hour notice, in writing, which may be served personally
or by certified mail to the last known address of the person or persons
in charge of or in control of the device, building or premises producing
the noise, to abate said violation of this chapter. Failure to comply
with this order so issued and served shall constitute an additional
violation of this chapter.
The provisions of this chapter are not intended
to be exclusive or to supersede any other remedies provided by law
or ordinance. If any clause, sentence, paragraph, section or part
of this chapter shall be adjudged by any court of competent jurisdiction
to be invalid, such judgment shall not affect, impair or invalidate
the remainder thereof, but shall be confined in its operation to the
clause, sentence, paragraph, section or part thereof directly involved
in the controversy in which such judgment shall have been rendered.
