[Adopted by Ord. No. 1997-18 (§ 5-26 of the 1972 Ocean Codified Ordinances)]
The following words and terms, when used in this article, shall
have the following meanings, unless the context clearly indicates
otherwise. Terms not defined in this article have the same meaning
as those defined in N.J.A.C. 7.29.
CONSTRUCTION
Any site preparation, assembly, erection, repair, alteration
or similar action, including demolition of buildings or structures.
DEMOLITION
Any dismantling, destruction or removal of buildings, structures
or roadways.
DEPARTMENT
The New Jersey Department of Environmental Protection.
EMERGENCY WORK
Any work or action necessary to deliver essential public
services including, but not limited to, repairing water, gas, electricity,
telephone, sewer facilities, or public transportation facilities,
removing fallen trees on public rights-of-way, dredging navigational
waterways, snow-clearing operatons or abating life-threatening conditions.
[Amended 6-27-2013 by Ord. No. 2013-14]
IMPULSIVE SOUND
Whether a single pressure peak or a single burst (multiple
pressure peaks) that has duration of less than one second.
MOTOR VEHICLE
Any vehicle that is propelled other than by human or animal
power on land.
MUFFLER
Properly functioning sound-dissipative device or system for
abating the sound of escaping gases on equipment where such device
is part of the normal configuration of the equipment.
MULTI-DWELLING UNIT BUILDING
Any building comprising two or more dwelling units, including,
but not limited to, apartments, condominiums, co-ops, multiple-family
houses, townhouses, and attached residences.
MULTIUSE PROPERTY
Any distinct parcel of land that is used for more than one
category of activity. Examples include, but are not limited to:
A.
A commercial, residential, industrial or public service property
having boilers, incinerators, elevators, automatic garage doors, air
conditioners, laundry room, utility provisions, or health and recreational
facilities, or other similar devises or areas, either in the interior
or on the exterior of the building, which may be source of elevated
sound levels at another category on the same distinct parcel of land;
or
B.
A building which is both commercial (usually on the ground floor)
and residential property located above, behind, below or adjacent.
NOISE CONTROL OFFICER
An employee of: a local, county or regional health agency
which is certified pursuant to the County Environmental Health Act
(N.J.S.A. 26:3A2-21 et seq.) to perform noise enforcement activities;
or a municipality with a department-approved noise control ordinance
and the employee has received noise enforcement training and is currently
certified in noise enforcement. The employee must be acting within
his or her designated jurisdiction and must be authorized to issue
a summons in order to be considered Noise Control Officer.
PLAINLY AUDIBLE
Any sound that can be detected by a person using his or her
unaided hearing facilities. As an example, if the sound source under
investigation is portable or personal vehicular sound amplification
or reproductive device, the detection of the rhythmic bass component
of the music is sufficient to verify plainly audible sound. The Noise
Control Officer need not determine the title, specific words, or the
artist performing the song.
PRIVATE RIGHT-OF-WAY
Any street, avenue, boulevard, road, highway, sidewalk, alley
or easement that is owned, leased, or controlled by nongovernment
entity.
PUBLIC RIGHT-OF-WAY
Any street, avenue, road, highway, sidewalk, alley or easement
that is owned, leased or controlled by governmental entity.
PUBLIC SPACE
Any real property or structures thereon that are owned, leased
or controlled by governmental entity.
REAL PROPERTY LINE
Whether: the imaginary line including its vertical extension
that separates one parcel of real property from another; the vertical
and horizontal boundaries of dwelling unit that is part of multi-dwelling-unit
building; or on multiuse property, the interface between the two portions
of the property on which different categories of activity are being
performed (e.g., if the multiuse property is a building which is residential
upstairs and commercial downstairs, then the real property line would
be the interface between the residential area and the commercial area).
WEEKDAY
Any day that is not a federal holiday and beginning on Monday
at 7:00 a.m. and ending on the following Friday at 6:00 p.m.
WEEKENDS
Beginning on Friday at 6:00 p.m. and ending on the following
Monday at 7:00 a.m.
[Added by Ord. No. 2006-19]
A. Construction noise prohibited. No construction, including site construction
or building construction and the operation of vehicles, equipment,
machinery, generators, compactors, welders or other power tools or
specialized construction or building equipment, shall be operated
or activity tolerated which generates noise in violation of any of
the standards set forth in this article between the hours of 6:00
p.m. and 7:00 a.m. during the weekdays, Monday through Friday, inclusive,
or between the hours of 6:00 p.m. and 8:00 a.m. on Saturdays. No work
is permitted on Sundays.
B. Exceptions. The provisions of this article shall not apply to federal,
state or local government employee or public utility employee performing
emergency repairs or to other repairs of an emergency nature being
conducted in accordance with a specific waiver issued by the construction
official of the Township of Ocean. In addition, this chapter shall
not apply to golf course maintenance operations performed by or on
behalf of any homeowners' association within the zoning district,
after 6:00 a.m.
[Amended 6-27-2013 by Ord. No. 2013-14]
C. Yelling, shouting. Yelling, shouting, hooting, whistling, or singing
on the public streets, particularly between the hours of 11:00 p.m.
and 7:00 a.m. or at any time or place so as to annoy or disturb the
quiet, comfort or repose of persons in any office, or in any dwelling,
or other type of residence or of any persons in the vicinity.
D. Violation. It is unlawful for any person to violate any provision
of this article. Penalties shall be imposed as provided in this Code
of the Township of Ocean.
[Amended by Ord. No. 2002-28]
A. Violation of any provision of this article shall be cause for an
enforcement document to be issued to the violator by the Noise Control
Officer according to procedures set forth at N.J.A.C. 7:29-1.6. The
recipient of an enforcement document shall be entitled to hearing
in municipal court having jurisdiction to contest such action.
B. Any person who violates any provision of this article shall be subject
to civil penalty for each offense of not more than $1,250 in accordance
with the provisions of N.J.S.A. 40:49-5. If the violation is of continuing
nature, each day during which it occurs shall constitute an additional,
separate, and distinct offense.
C. No provision of this article shall be construed to impair any common
law or statutory cause of action, or legal remedy therefrom, of any
person for injury or damage arising from any violation of this article
or from other law.
[Adopted by Ord. No. 2007-22]
It is unlawful for the driver of any motor vehicle to use or
operate or cause to be used or operated, at any time and on any road
within the Township of Ocean, any mechanical exhaust or decompression
device which results in the practice known as "engine braking."
As used in this article, the following terms shall have the
meanings indicated:
ENGINE BRAKING
The use or operation of any mechanical exhaust device designed
to aid in the breaking, decompression or deceleration of a motor vehicle,
which results in the excessive, loud, unusual or explosive noise from
such vehicle in excess of state or federal noise standards for said
vehicles.
The Township is authorized to post, at reasonable locations
with the Township, signs indicating the prohibition of engine braking.