[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:
A.
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.
B.
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.
C.
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."
D.
MOTORBOAT
POWERED MODEL VEHICLES
REAL PROPERTY BOUNDARY
SOUND LEVEL
VEHICLE REPAIRS OR TESTING
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.
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.
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.
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.
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]
A.
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.
B.
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:
(1)
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.
(2)
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]
(3)
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.
(4)
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.
(5)
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]
(6)
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.
(7)
Construction and repairing of buildings, landscaping,
or power washing by commercial contractors; the erection (including
excavation and pile driving), demolition, alteration or repair of
any building by a licensed contractor, commercial landscaper or power
washing contractor shall be conducted between:
[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; 9-15-2022 by Ord. No. 16-2022]
|
Dates
|
Hours
|
Licensed Contractors
|
|---|---|---|
|
September 16 to June 14, Monday to Friday
|
7:00 a.m. to 5:00 p.m.
|
Construction, repair, pile driving and power washing
|
|
Year-round, Monday to Friday
|
8:00 a.m. to 6:00 p.m.
|
Commercial landscaping
|
|
Saturdays, year-round
|
8:00 a.m. to 4:00 p.m.
|
Construction, repair and landscaping
|
|
June 15 to September 15, Monday to Friday
|
7:30 a.m. to 5:00 p.m.
|
Construction, repair and power washing
|
|
Saturday, June 15 to September 15
|
No pile driving
|
|
No commercial work is permitted on Sundays, New Year's
Day, Memorial Day, 4th of July, Labor Day, Thanksgiving Day, and Christmas
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
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 up to three additional days if the emergency continues.
|
(8)
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.
(9)
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.[1])
[1]
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.
(10)
Hawkers and peddlers: the shouting and crying
of peddlers, hawkers and vendors which disturbs the peace and quiet
of the neighborhood.
(11)
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.
(12)
Mobile loudspeakers: the use of mechanical loudspeakers
or amplifiers on vehicles or aircraft for commercial advertising purposes.
(13)
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.
(14)
Lawn mowers, and chain saws and power washing
equipment; the use of lawn mowers, chain saws and power washing equipment
powered by internal combustion engines or other power tools such as
weed wackers, lawn edgers, or hedge trimmers and operated by property
owners, tenants or residents of the property may be operated only
during the hours of 8:00 a.m. and 8:00 p.m.
[Amended 9-15-2022 by Ord. No. 16-2022]
(15)
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]
C.
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.
D.
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:
|
Sound Level Limits
| |||||
|---|---|---|---|---|---|
|
(dBA)
| |||||
|
Sound Source Property Category
|
Receiving Property Category
| ||||
|
Another Dwelling Within a Multidwelling
Unit Building
|
Residential
|
Commercial
| |||
|
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.
|
All Times
| |
|
Any location within a multi-dwelling unit building
|
45
|
40
|
55
|
50
|
65
|
|
Residential
|
55
|
50
|
65
| ||
|
Commercial or public spaces or rights-of-way
|
65
|
50
|
65
| ||
The prohibitions contained in this chapter shall
not apply to persons:
A.
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.
B.
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.
C.
Who are engaged in any activity specifically permitted
or required by any ordinance, resolution, statute or governmental
regulation.
D.
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.
