[HISTORY: Adopted by the Mayor and Borough Council of the Borough of Seaside Park 6-19-1986 by Ord. No. 970 (Ch. 48, Art. II, of the 1970 Borough Code). Amendments noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 127.
Beaches — See Ch. 135.
Uniform construction codes — See Ch. 185.
Peace and good order — See Ch. 338.
Peddling and soliciting — See Ch. 342.
Vehicles and traffic — See Ch. 435.
As used in this chapter, the following terms shall have the meanings indicated:
COMMERCIAL AREA
A group of commercial facilities and the abutting public rights-of-way and public spaces.
COMMERCIAL FACILITY
Any premises, property or facility involving traffic in goods or the furnishing of services for sale or profit, including but not limited to:
A. 
Banking and other financial institutions.
B. 
Dining establishments.
C. 
Establishments for providing retail services.
D. 
Establishments for providing wholesale services.
E. 
Establishments for recreation and entertainment.
F. 
Office buildings.
G. 
Transportation.
H. 
Warehouses.
CONSTRUCTION
Any site preparation, assembly, erection, repair, alteration or similar action, but excluding demolition of buildings or structures.
DECIBEL (dB)
The practical unit of measurement for sound pressure level. The number of decibels of a measured sound is equal to 20 times the logarithm to the base 10 of the ratio of the sound pressure of the measured sound to the sound pressure of a standard sound (20 micropascals), abbreviated dB.
DEMOLITION
Any dismantling, intentional destruction or removal of buildings or structures.
EMERGENCY WORK
Any work or action necessary to deliver essential 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; or abating life-threatening conditions.
INDUSTRIAL FACILITY
Any activity and its related premises, property, facilities or equipment involving the fabrication, manufacture or production of durable or nondurable goods.
MOTOR VEHICLE
Any vehicle that is propelled or drawn on land by an engine or motor.
MUFFLER
A sound-dissipative device or system for abating the sound of escaping gasses of an internal-combustion engine.
MULTIDWELLING UNIT BUILDING
Any building wherein there are two or more dwelling units.
NOISE
Any sounds of such level and duration as to be, or tend to be, injurious to human health or welfare or which would unreasonably interfere with the enjoyment of life or property throughout the Borough or in any portions thereof, but excludes all aspects of the employer/employee relationship concerning health and safety hazards within the confines of a place of employment.
The provisions of this chapter shall be enforced by the Seaside Park Police Department or a Code Enforcement Official.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
No person shall cause, suffer, allow or permit the operation of any source of sound on a particular category of property or any public space or right-of-way in such a manner as to create a sound level that exceeds the particular sound level limits set forth in Table 1,[1] when measured at or within the real property line of the receiving property, except as provided in Subsection B.
[1]
Editor's Note: See Table 1 below.
B. 
When measuring noise within a dwelling unit of a multidwelling unit building, all exterior doors and windows shall be closed, and the measurements shall be taken in the center of the room.
C. 
The following are exempt from the sound level limits of Table 1:
(1) 
Noise from domestic power tools, lawn mowers and agricultural equipment when operated, with a muffler, between the hours of 8:00 a.m. to 8:00 p.m. on weekdays and 9:00 a.m. to 8:00 p.m. on weekends and legal holidays, provided that they produce less than 85 dB at or within any real property line of a residential property.
(2) 
Sound from church bells and church chimes when a part of a religious observance or service.
(3) 
Noise from construction activity, provided that all motorized equipment used in such activity is equipped with functioning mufflers, except as provided in § 314-4B(5).
(4) 
Noise from snowblowers, snow throwers and snow plows, when operated with a muffler, for the purpose of snow removal.
(5) 
Noise from stationary emergency signaling devices that conforms to the provisions of N.J.A.C. 7:29.
(6) 
Noise from an exterior burglar alarm of any building or motor vehicle, provided that such burglar alarm shall terminate its operation within 15 minutes after it has been activated.
Table 1
Maximum Permissible Sound Levels by Receiving Property Category
(dB)
Receiving Property Category
Another Dwelling Within a Multidwelling Unit Building
Residential
Commercial
Industrial
Sound Source Property Category
8:00 a.m. to 8:00 p.m.
8:00 p.m. to 8:00 a.m.
8:00 a.m. to 8:00 p.m.
8:00 p.m. to 8:00 a.m.
All Times
All Times
Any location within a multidwelling unit building
45
40
55
50
65
75
Residential
55
50
65
75
Commercial or public spaces or rights-of-way
65
50
65
75
Industrial
65
50
65
75
A. 
No person shall cause, suffer, allow or permit to be made, verbally or mechanically, any noise disturbance. Noncommercial public speaking and public assembly activities conducted on any public space or public right-of-way shall be exempt from the operation of this section.
B. 
No person shall cause, suffer, allow or permit the following acts:
(1) 
Sound reproduction systems. Operating, playing or permitting the operation or playing of any radio, television, phonograph or similar device that reproduces or amplifies sound in such a manner as to create a noise disturbance for any person other than the operator of the device.
(2) 
Loudspeakers and public address systems. Using or operating any loudspeaker, public address system or similar device between the hours of 10:00 p.m. and 8:00 a.m. of the following day, such that the sound therefrom creates a noise disturbance across a residential real property line.
(3) 
Animals and birds. Owning, possessing or harboring any pet animal or pet bird that frequently or for continued duration makes sounds that create a noise disturbance across a residential real property line. For the purpose of this section, a "noise disturbance from a barking dog" shall be defined as that created by a dog barking continually for 10 minutes or intermittently for 30 minutes, unless provoked.
(4) 
Standing motor vehicles. Operating or permitting the operation of any motor vehicle, whose manufacturer's gross weight is in excess of 10,000 pounds, or any auxiliary equipment attached to such a vehicle for a period of longer than five minutes in any hour while the vehicle is stationary, for reasons other than traffic congestion or emergency work, on a public right-of-way or public space within 150 feet (46 meters) of a residential area between the hours of 8:00 p.m. and 8:00 a.m. of the following day.
(5) 
Construction and demolition. Operating or permitting the operation of any tools or equipment used in construction, drilling, earthmoving, excavating or demolition work between the hours of 6:00 p.m. and 8:00 a.m. of the following day on weekdays or at any time on weekends or legal holidays, provided that such equipment is equipped with a functioning muffler, except for emergency work or when the sound level does not exceed any applicable limit specified in Table 1.
A. 
The provisions of this chapter shall not apply to:
(1) 
The emission of sound for the purpose of alerting persons to the existence of any emergency, except as provided in § 314-3C(5) or (6);
(2) 
The emission of sound in the performance of emergency work; or
(3) 
The emission of sound in situations within the jurisdiction of the Federal Occupational Safety and Health Act.
B. 
Noise from municipally sponsored or approved celebrations or events shall be exempt from the provisions of this chapter.
[Amended 12-20-2001 by Ord. No. 1291]
A. 
Violations of any provision of this chapter shall be cause for summons to be issued by the Seaside Park Police Department or a Code Enforcement Official.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Violations and penalties. Any person who violates any one or more sections of this chapter shall be subject to the general penalty in Chapter 1, Article II, General Penalty, of the Borough Code.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
Other remedies. No provision of this chapter 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 chapter or from other law.