[HISTORY: Adopted by the Mayor and Council
of the Borough of Oceanport 5-24-2007 by Ord. No. 822. Amendments noted where
applicable.]
The making, creation or permitting of any unreasonable,
disturbing or unnecessary noise in the Borough of Oceanport is hereby
prohibited, especially between the hours of 10:00 p.m. and 8:00 a.m.
Consequently, no person shall, between the hours of 10:00 p.m. and
8:00 a.m., permit any noise to emanate from any source or instrument,
whether natural or artificial, or use equipment outside a fully enclosed
principal dwelling on a property in the Borough of Oceanport such
that the noise created thereby is plainly audible at the boundary
line of such property. When an officer can hear plainly audible music
or other noise beyond the property line of the noise-generating property
or can hear plainly audible noise on a complainant's property before
8:00 a.m. and after 10:00 p.m., or any unreasonably, disturbing or
unnecessary noise at any other time, there is a violation of this
chapter. The following activities, among others, are declared unreasonably
loud, disturbing and unnecessary noise in violation of this chapter,
but said enumeration shall not be deemed to exclude those not included
herein:
A.
The sounding of a horn or signaling device on an automobile,
motorcycle or other motorized vehicle, except as a warning of danger,
and then only for such period of time as is reasonably necessary for
giving such warning.
B.
The playing, using, operating or permitting to be
played, used or operated of any electronic receiving set, musical
instrument, phonograph or machine or device for the production or
reproduction of sound with louder amplified volume than is necessary
for the normal sensitive hearing of the person so playing, using or
operating such instrument or device and such persons who are voluntary
listeners thereto or in such manner as to disturb the peace, quiet
and comfort of neighboring inhabitants.
C.
The use, operation or playing of any loudspeakers,
amplifiers or other machines or devices for the producing of sound
which is cast upon a public street for the purpose of commercial advertising
or attracting the attention of the public.
D.
The keeping of any animal or bird which by causing
frequent or long-continued noise, such as barking or jabbering, shall
disturb the peace, quiet and comfort of neighboring inhabitants.
E.
Creating an audible noise by landscape, erection,
excavation, demolition, alteration or repair of any building other
than between the hours of 8:00 a.m. and 6:00 p.m. Monday through Friday
and 9:00 a.m. and 6:00 p.m. on Saturday by a landscaper or contractor
for hire, except in the case of urgent matters and the interest of
public safety and health. Any of the aforementioned performed by a
property owner or tenant thereof between the hours of 8:00 a.m. and
8:00 p.m. Monday through Friday, Saturday between the hours of 9:00
a.m. and 6:00 p.m. and Sunday between the hours of 11:00 a.m. and
7:00 p.m.
[Amended 7-19-2012 by Ord. No. 908]
F.
The making, creation or permitting of any unreasonable,
disturbing or unnecessary noise in the Borough of Oceanport is hereby
prohibited, especially between the hours of 10:00 p.m. and 8:00 a.m.
Consequently, no person shall, between the hours of 10:00 p.m. and
8:00 a.m., permit any noise to emanate from any source or instrument,
whether natural or artificial, or use equipment outside a fully enclosed
principal dwelling on a property in the Borough of Oceanport such
that the noise created thereby is plainly audible at the boundary
line of such property.
As used in this chapter, the following terms
shall have the meanings indicated:
Any sound that can be detected by a person using his or her
unaided hearing faculties. 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 bass component of the music at the property line as described
hereinabove is sufficient to verify plainly audible sound. The law
enforcement officer need not determine the title, specific words or
the artist performing the song.
The following acts are declared to be loud,
disturbing and unnecessary noise in violation of this section, but
said enumeration shall not be deemed to be exclusive:
A.
The playing of any radio, phonograph or any musical
instrument or instruments or singing or talking in such a manner or
in such volume as to annoy or disturb the quiet, comfort, repose,
peace or tranquility of persons in any dwelling, hotel or other type
residence, dwelling, hotel or structure, particularly during the hours
between 10:00 p.m. and 8:00 a.m. on Monday, Tuesday, Wednesday, Thursday,
Friday, Saturday and Sunday.
B.
The playing of music outdoors, either live or recorded,
after 10:00 p.m. on Monday, Tuesday, Wednesday, Thursday, Friday,
Saturday and Sunday is hereby prohibited.
C.
The keeping of any animal or bird which has been causing
or causes frequent or long-continued noise which disturbs the comfort
and repose of any person within the vicinity.
D.
The shouting of peddlers, hawkers and vendors which
disturb the peace and quiet of the neighborhood.
E.
The sound of any horn or signal device on any automobile
or other vehicle, while not in motion or occupied, as well as any
structure, for any unnecessary or unreasonable period of time, except
as a danger signal.
The within prohibitions shall not apply to any
public works projects for construction deemed to be in the public's
welfare, safety and for the public good and only with prior approval
from the Mayor and Council.
