[HISTORY: Adopted by the Board of Commissioners of the City of Margate City 7-22-1976 as Ch. 118 of the 1976 Code. Amendments noted where applicable.]
It is hereby found and declared that it is the public policy of the City of Margate City to significantly reduce the ambient noise level in Margate City, so as to foster and protect the public health, comfort, safety and welfare of its citizens. As a matter of legislative determination and public policy, the provisions, regulations and prohibitions of this chapter are in pursuance of and for the purpose of securing and promoting the comfort, peace and quiet to which the residents of the City of Margate City are entitled.
[Amended 8-28-1980 by Ord. No. 1980-8]
As used in this chapter:
All acoustical words and terms shall have the meanings set forth in the publication of the American National Standards Institute, New York, New York, entitled "Acoustical Terminology," USASI SI. 1-1960.
All equipment used in making acoustical measurements shall meet or exceed the requirements set forth in the publication of said Institute, entitled "Specification for General Purpose Sound Level Meters," USASI SI. 4-1961.
All such measurements so made shall be made in full accordance with the methods and procedures set forth in USASI SI. 2-1962, entitled "Methods for the Physical Measurement of Sound."
The following terms shall have the meanings indicated:
- Any vehicle which is primarily operated on water or which does operate on water, such as boats, barges, amphibious craft or Hovercraft, and which is propelled by mechanical power.
- POWERED MODEL VEHICLES
- Any powered vehicle, either airborne or waterborne or landborne, which is designed not to carry persons or property, such as but not limited to model airplanes, boats, cars and rockets and which are being propelled by mechanical means.
- REAL PROPERTY BOUNDARY
- Any imaginary line along the ground surface and its vertical extension, which separates the real property owned by one person from that owned by another person, but not including intrabuilding real property divisions.
- SOUND LEVEL
- The weighted sound-pressure level obtained by the use of a sound-level meter and frequency weighting network, such as A, B or C, as specified in American National Standards Institute specifications for sound-level meters (ANSI SI. 4-1971, or the latest approved revision thereof). If the frequency weighting employed is not indicated, the A-weighting shall apply.
- VEHICLE REPAIRS OR TESTING
- Repairing, rebuilding, modifying or testing any motor vehicle, off-road vehicle or motorboat in or near residential use districts in such a manner as to cause noise disturbances or to violate the provisions of this chapter.
No person shall make, continue or cause to permit to be made or continued any unnecessary noise.
[Amended 8-28-1980 by Ord. No. 1980-8]
Unless exempted under the provisions of this chapter, 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 City of Margate City.
The following specific acts are declared to be loud, disturbing and unnecessary noises in violation of this chapter, but said enumeration shall not be deemed to be exclusive:
Horns, signaling devices, etc.: the sounding of any horn or signaling device on any automobile, motorcycle, bus, truck or other vehicle on any street, road or public place, except as a warning, pursuant to the provisions of N.J.S.A. 39:3-69, whistle or other device operated by engine exhaust and the use of any such signaling device when traffic is held up for any reason.
Radio and television sets, phonographs, etc.: the use of radio or television receiving sets, musical instruments, phonographs or any other machines or devices for the producing or reproducing of sound in such a manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or visitors to the city or its beaches at any time, with volume louder than is necessary for convenient hearing of the person or persons who are in the room or vehicle or on the street or beach in which such machine or device is operated and who are voluntary listeners thereto. The operation of any such device in such a manner as to be plainly audible at a distance of 50 feet from the building, structure, vehicle or place in which it is located or, in the case of such instruments operated in the open, at a distance of 50 feet from the instrument shall be prima facie evidence of a violation of this section.
[Amended 6-12-1986 by Ord. No. 1986-9]
Loudspeakers and amplifiers for advertising: the use of any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purposes of commercial advertising.
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 persons residing in the vicinity.
Exhaust: the discharge into the open air of the exhaust of any internal-combustion engine except through an adequate muffler or other device which will effectively prevent loud or explosive noises therefrom. (See N.J.S.A. 39:3-70 for the state law regarding muffler requirements on motor vehicles and Chapter 6, Water Craft Noise Control, 7:6-6.1 of New Jersey Rules and Regulations.) This restriction includes by way of example and not by way of limitation internal-combustion engines powering motor vehicles, motorboats, watercraft, vessels, chain saws and lawn mowers.
[Amended 6-12-1986 by Ord. No. 1986-9]
Loading and unloading: the creation of a loud and excessive noise in connection with loading and unloading any vehicle or the opening or destruction of bales, boxes, crates and containers.
Construction or repairing of buildings; the erection (including excavation), demolition, alteration or repair of any buildings shall only be conducted between the hours of 7:00 a.m. and 6:00 p.m. on weekdays and 8:00 a.m. and 4:00 p.m. on Saturdays and no work permitted on Sundays, Thanksgiving Day, Christmas Day, New Year's Day, Memorial Day, July 4th and Labor Day, except in the case of urgent necessity in the interest of public health and safety, and then only with a permit from the Construction Code Official, 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 three days or less while the emergency continues or except as otherwise directed by the Police Department.
[Amended 10-8-1992 by Ord. No. 1992-19; 1-27-2000 by Ord. No. 2000-01; 10-4-2012 by Ord. No. 17-2012]
Blowers, fans and pumps: the use of any blower, fan or pump engine or motor in connection therewith, including, by way of example and not by way of limitation, air-conditioning systems, compression devices and pool filter systems, if such use creates loud, penetrating or continuous noises that disturb the comfort or repose of persons residing in the vicinity.
Schools, courts, churches and hospitals: the creation of any excessive noise adjacent to any school, institution of learning, house of worship or judicial court while the same is in use, or adjacent to any hospital, which unreasonably interferes with the workings of such institution or which disturbs or unduly annoys patients in the hospital, provided that conspicuous signs are displayed on the adjacent streets indicating that the same is a school, hospital, church or court street. (Note: For the state statute creating a disorderly persons offense for disturbing schools, churches, libraries and other places of assembly, see N.J.S.A. 2A:170-28.)
Editor's Note: N.J.S.A. 2A:170-28 was repealed by L. 1978, c. 95. See now N.J.S.A. 2C:33-8.
Hawkers and peddlers: the shouting and crying of peddlers, hawkers and vendors which disturbs the peace and quiet of the neighborhood.
Drums, bells and the like: the use of any drum, bell, horn, loudspeaker or other instrument or device for the purpose of attracting attention to any performance, show or sale or the display of merchandise by any creation of noise or sound.
Mobile loudspeakers: the use of mechanical loudspeakers or amplifiers on vehicles or aircraft for commercial advertising purposes.
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.
Lawn mowers and chain saws: the use of lawn mowers and chain saws, powered by internal-combustion engines, between the hours of 9:00 p.m. and 8:00 a.m.
Motorboats, vessels or watercraft: operating or permitting the operation of any motorboat, vessel or watercraft in any lake, river, stream or other waterway in such a manner as to exceed the sound level of dBA at 50 feet (15 meters) or the nearest shoreline, whichever distance is less.
[Added 6-12-1986 by Ord. No. 1986-9; amended 2-23-1989 by Ord. No. 1989-4]
If any person who is not exempted under the provisions of this chapter shall cause to be made any of the noises prohibited under this section, and if said noises shall be proved to be in violation of the sound levels prescribed under § 192-5 below, said proof shall be sufficient to provide a violation under this section.
The penalty for violation of this section shall be in the amount of $150.
[Added 4-17-2014 by Ord. No. 18-2014]
[Amended 8-28-1980 by Ord. No. 1980-8; 6-12-1986 by Ord. No. 1986-9]
No person shall operate or cause to be operated on private property any sources of sound in such a manner as to create a sound level which exceeds the limits set forth for the receiving land use category in the following table when measured at or within the property boundary of the receiving land use:
The prohibitions contained in this chapter shall not apply to persons:
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.
Who are engaged in a 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 obtained a permit from the City of Margate City, upon written application, setting forth the sponsorship, date, hours and routes of such activity. The Board of Commissioners shall not issue such permit unless, having considered the date, time and route, it shall determine that the noise created by such activity shall not cause undue discomfort to the public.
Who are engaged in any activity specifically permitted or required by any ordinance, resolution, statute or governmental regulation.
Persons employed by public utility companies engaged in emergency repair services between the hours of 6:00 p.m. and 8:00 a.m.; provided, however, that such noise does not exceed levels reasonably necessary to accomplish such work.
[Amended 1-25-1988 by Ord. No. 1988-1]
Any person who shall violate any of the provisions of this chapter or any order promulgated hereunder shall, upon conviction, be punished by a fine not to exceed $1,000 or by imprisonment in the county jail for a period not to exceed 90 days, or by both such fine and imprisonment. Each violation of any of the provisions of this chapter and each day that such violation shall continue shall be deemed to be a separate and distinct offense.