[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A. It shall be unlawful for any person to make, continue or cause to be made or continued any unnecessary and unreasonably loud, disturbing noise which is plainly audible and either annoys, injures or endangers the comfort, repose, health or welfare of others within the limits of the Borough. Such unlawful activity shall be considered a "noise nuisance" as further defined by §
146-7 of this article.
B. It shall be unlawful for any person on property owned by him or her or under lease or other arrangement to allow or give permission to any other person on the property to make, continue or cause to be made or continued any unnecessary and unreasonably loud, disturbing noise which is plainly audible and either annoys, injures or endangers the comfort, repose, health or welfare of others within the limits of the Borough. Such unlawful activity shall be considered a "noise nuisance" as further defined by §
146-7 of this article.
As used in this article, the following terms shall have the
meanings indicated:
ADVERTISEMENT DEVICE
Any generator of sound, whether it be human, a radio or other
sound system, instrumental (including but certainly not limited to
drums), mechanical or otherwise, which intends to attract the attention
of the public to and/or acts as an advertisement of any business,
sport, exhibition, entertainment, spectacle, undertaking, happening,
occasion or any other event.
EMERGENCY
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, or abating life-threatening conditions.
IMPULSIVE SOUND
A single pressure peak or a single burst (multiple pressure
peaks) that has duration of less than one second.
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.
NOISE NUISANCE
As further defined within §
146-7 of this article. However, any noise generated by an activity which has been granted a special event permit pursuant to Chapter
179, Special Events, of the Code of the Borough of Sea Bright shall not be considered a noise nuisance.
PERSON
Any corporation, company, association, society, firm, partnership
and joint-stock company, as well as individuals.
PLAINLY AUDIBLE
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 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. The enforcement
officer need not determine the title, specific words, or the artist
performing the song.
SOUND SOURCE
Any person, animal, device, operation, process, activity
or phenomenon which emits or causes noise.
The following acts are declared to be loud, disturbing and unnecessary
noise nuisances in violation of this article but said enumeration
shall not be deemed to be exclusive, namely:
A. Radio, phonograph, instrument, singing. The playing of any radio,
phonograph or musical instrument or singing in such a manner or in
such volume as to annoy or disturb the quiet, comfort or repose of
persons within or outside of any dwelling, hotel or other type of
residence, particularly during the hours between 10:00 p.m. and 8:00
a.m. of the following morning.
B. Animals and birds. The owning, harboring or 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. "Frequent or long-continued noise" means continually for
10 minutes or intermittently for 30 minutes, unless provoked.
C. Shouting. The excessive shouting, screaming or loud talking of peddlers,
hawkers, vendors, patrons, or others who disturb the peace and quiet
of the neighborhood.
D. Advertisement devices. The operation, particularly during the hours
between 10:00 p.m. and 8:00 a.m. of the following morning, of any
advertisement device within any building or on any premises, or on
the sidewalks, streets and highways or other public places of the
Borough, whereby the sound is cast directly or indirectly upon any
public street or place and can be heard to the annoyance or inconvenience
of persons upon any street or public place or in neighboring premises.
E. Horns and signals. The sounding of any horn or signal device on any
automobile or other vehicle while not in motion for any unnecessary
or unreasonable period of time, except as a danger signal.
F. Muffler exhaust. The generation of loud sound as a result of the discharge into the open air of the exhaust of any steam engine, stationary jet or internal combustion engine or motor vehicle, except through a properly functioning muffler or other device which will effectively prevent loud or explosive noises therefrom. Such sound generation shall not be considered a nuisance if occurring during the course of a vehicle repair, as defined within and subject to the limitations of Subsection
O of this section.
G. Construction. The excavation, grading, paving, erection, demolition,
alteration or repair of any premises, street, building or structure
from 7:00 p.m. on Friday until 8:00 a.m. Saturday, from 7:00 p.m.
Saturday until 7:00 a.m. on Monday, and on Mondays through Fridays
from 7:00 p.m. until 7:00 a.m. Commercial construction shall not be
allowed on Sundays at any time. Exceptions may be made if urgent necessity
is in the interest of public health and safety. If the nature of the
emergency will prohibit the prior procurement of a permit, the work
shall only proceed in accordance with a permit first obtained from
the Chief of Police or his/her respective designees. These regulations
shall also apply to the delivery, removal or emptying of construction
dumpsters and roll-off containers.
H. Loading and unloading. The creation of loud and excessive noise in
connection with the loading or unloading of any vehicle or the opening
or destruction of bales, boxes, crates and containers.
I. Interfering with work in institutions. The creation of excessive
noise in or on the grounds of any school, church, synagogue, hospital,
institution of learning, court, public building or place of public
assembly, or on any street adjacent to such grounds, places or buildings,
while the same are in use and which unreasonably interferes with the
working of the institution or place or unduly annoys persons therein.
J. Tools and equipment. The operation or use of any power lawn mower,
chain saw, fence post driller, saw, grinder, drill, garden equipment,
snowblowers, leaf blowers or the like, between the hours of 8:00 p.m.
and 7:00 a.m. of the following morning.
K. Buses, trucks or tractors. The unnecessary warming up or idling of
buses, trucks or tractors and the unnecessary and repeated idling,
acceleration and deceleration or starting and stopping of automobiles
and motorcycles.
L. Outdoor concert. Outdoor concerts, except in accordance with a special event permit pursuant to Chapter
179, Special Events, of the Code of the Borough of Sea Bright, or in conjunction with a commercial establishment upon its property provided the commercial establishment is in compliance with the limitations of Subsections
A and
C of this section.
M. Vehicle noises. The use of an automobile, motorcycle or vehicle so out of repair or so loaded that it creates loud and unnecessary grating, grinding, rattling or other noise. Such sound generation shall not be considered a nuisance if occurring during the course of a vehicle repair, as defined within and subject to the limitations of Subsection
O of this section.
N. Powered model vehicles. The operating or permitting the operation
of powered model vehicles between the hours of 8:00 p.m. and 8:00
a.m. of the following morning.
O. Vehicle repair. The repairing, rebuilding, modifying or testing of
any motor vehicle or off-road vehicle in or near a residential district
in such a manner as to cause disturbance of the repose of others between
the hours of 8:00 p.m. and 8:00 a.m. of the following morning.
P. Other noises. Any other continuous noise not enumerated above which
is unreasonably loud, disturbing, unnecessary, and which annoys, injures
or endangers the comfort, repose, health or welfare of others within
the limits of the Borough.
Proof of violation of any subsections of §
146-7 of this article shall be determined by plainly audible means as detected at more than 50 feet from the property line from which the noise nuisance is emanating or from within the receptor's premises in the event the source and the receptor share a common or abutting wall, floor or ceiling or are on the same property.
Any person found guilty of violating any provision of this article
shall be subject to the following penalty schedule:
A. First offense: a fine not to exceed $200.
B. Second offense: a fine not to exceed $500.
C. Third offense: a fine not to exceed $1,250.
D. Fourth or greater offense:
(1) A fine not to exceed $1,250; and/or
(2) A period of community service not exceeding 90 days; and/or
(3) Imprisonment for any term not exceeding 90 days.
E. Each day of violation shall constitute an additional, separate and
distinct offense. However, no subsequent offense shall apply unless
it has occurred within five months of the previous offense. Any offense
occurring more than five months after the previous offense shall be
considered a first offense.
An applicant for a permit pursuant to Subsection
G of §
146-7 of this article shall have the right to appeal to the Borough Council from the denial of the permit by the applicable municipal official. Such appeal shall be taken by filing a written notice of appeal addressed to the Borough Council. Such notice shall be filed within three days after the issuing officer shall have notified the applicant of the denial of the permit. The Borough Council shall act upon the appeal at its next regularly scheduled meeting after receiving the notice thereof and shall give the applicant an opportunity to be heard before taking action. The Borough Council may affirm or reverse the issuing officer's denial of the permit or may grant the permit with modifications or conditions.