The terms in this chapter shall be defined as
follows:
EMERGENCY
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage or loss, which demands
immediate action.
EMERGENCY WORK
Any work performed for the purpose of preventing or alleviating
the physical trauma or property damage threatened or caused by an
emergency.
MOTOR VEHICLE
Every vehicle defined as a motor vehicle under Title 39 of
the New Jersey Statutes.
PERSON
A natural person, male or female, an association, firm, partnership
or corporation.
PLAINLY AUDIBLE
Any sound that can be detected by any person using unaided
hearing faculties at a distance of 30 feet from the sound source.
For example, if the sound source under investigation is a portable
or personal vehicular sound amplification or reproduction device,
the detection of the rhythmic bass component of the music is sufficient
to verify plainly audible sound. A law enforcement officer or other
complaining witness need not determine the title, specific words or
artist performing the song.
REAL PROPERTY BOUNDARY
The property line along the ground surface, and its vertical
extension, which separates the real property owned by one person from
that owned by another person.
RESIDENTIAL ZONE
The area designated for residential use within the City of
Bridgeton.
At no time shall any person play, use, operate
or permit to be played, used or operated any radio, television, phonograph,
jukebox, musical instrument or other device for the production or
reproduction of sound with louder volume than is necessary and convenient
for the hearing of the person so playing, using or operating such
instrument or device and such persons who are voluntary listeners
thereto or in such a manner as to disturb the peace, quiet and comfort
of neighboring inhabitants. The use or operation of any such radio,
television, phonograph, jukebox, musical instrument or other device
that is plainly audible more than 30 feet from the source of origin
shall be prima facie evidence of a violation of this chapter.
No person in charge of or operating a motor
vehicle shall cause to be heard more than 30 feet from the source
any noise or music at any time of day.
No person, in an attempt to advertise or attract
public attention, shall sound, play, operate or permit to be sounded,
played or operated any radio, television, receiving set, musical instrument,
jukebox, phonograph, loudspeaker, sound amplifier, sound truck or
other machine or device that produces or reproduces sound that is
plainly audible in any public space, public right-of-way or adjacent
neighboring premises, unless a permit has been obtained from the Police
Department or as provided in another City ordinance.
No person shall, from Monday through Saturday
between the hours of 6:00 p.m. and 8:00 a.m., or on Sunday, in conducting
any excavation, demolition, erection, alteration, repair or other
building operation within 1,000 feet of any dwelling or business property,
operate or use any steam shovels, tractors, excavators, pneumatic
hammers, pile drivers, derricks, steam or electric hoists or any tools
or equipment which shall make any plainly audible noise, except in
cases of urgent necessity in the interests of public safety, and then
only upon obtaining a permit from the Building Inspector.
No person shall create any plainly audible noise
that is on any public space or public right-of-way adjacent to any
school, hospital, library, house of worship, senior citizen center
or any other area designated by City Council, which unreasonably interferes
with the workings of such institutions.
No person shall create any plainly audible noise
that disturbs the peace, quiet and comfort of the neighboring inhabitants
or persons in any public space or public right-of-way. Furthermore,
noise of such character, intensity or duration detrimental to the
life or health of any individual is prohibited.
This chapter shall not apply to the normal operation
of any plant, factory or industry engaged in the business of manufacturing,
processing of food or other industrial or commercial operation.
Any person violating these sections shall be
fined $50 for a first offense, $75 for a second offense, and $100
for each and every offense thereafter. Such amounts may be paid without
appearance in court unless the summons otherwise indicates that a
court appearance is necessary before the Judge of the Municipal Court
of Bridgeton. If a court appearance is required, the Court may impose
community service up to 30 days for third or subsequent offenses.
Any person or group holding a permit issued
by the City of Bridgeton Recreation Department for use of City facilities
shall comply with the terms of this chapter. In the event that such
person or group believes its permitted activity will violate the terms
of this chapter, such person or group may make application to the
Bridgeton City Council through the City Clerk's office for an exemption
from the requirements of this chapter. If such exemption is granted,
such exemptions will state the date, time and means by which the exemption
applies. Violation of the limits of the exemption shall be considered
a violation of this chapter and shall be subject to sanctions as enumerated
here in this chapter.
The provisions of this chapter shall not apply
to the following:
A. Emergency warning devices.
B. Emergency work to provide electricity, water or other
public services when public health or safety is involved.
C. Public celebrations authorized by the City of Bridgeton.
D. Use of explosive devices which are regulated by the
New Jersey Department of Labor under the 1960 Explosives Act.
E. Any other activity authorized by the City of Bridgeton
or City Council.
F. Bona fide religious services or events.