Borough of Avon-by-the-Sea, NJ
Monmouth County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners of the Borough of Avon-by-the-Sea 2-22-66 by Ord. No. 144. Amendments noted where applicable.]
The word "person" as used herein shall include the singular and the plural and shall also mean and include any person, firm, corporation, association, club, partnership, society or any other form of association or organization known as "group rentals."
The creation of any unreasonably loud, disturbing and unnecessary noise in the Borough of Avon-by-the-Sea is hereby prohibited. There is further prohibited any noise of such character, intensity or duration as is detrimental to the life or health of any individual.
It shall be unlawful for any person to make, cause, suffer or permit to be made or to be continued any loud, unnecessary or unusual noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of any other person within the corporate limits of the Borough of Avon-by-the-Sea.
The following acts, among others, but not by way of limitation, are declared to be loud, disturbing and unnecessary noises in violation of this chapter, but the following enumeration shall not be deemed to be exclusive.
A. 
Horns, signal devices, etc. The sounding of any horn or signaling device on any automobile, motorcycle, bus or other vehicle on any street or public place of the Borough of Avon-by-the-Sea, except as a danger warning; the creation by means of any horn or signaling device of any unreasonably loud or harsh sound; or the sounding of said horn or signaling device for any unnecessary and unreasonable period of time; or the use of said horn or signaling device when traffic is for any reason held up; or the use of any horn, whistle or other device operated by engine exhaust.
B. 
Radios, phonographs, etc. The playing of any radio, television, phonograph, musical instrument or other machine or device for the producing or reproducing of sound, in such a manner or in such volume, particularly during the hours between 11:00 p.m. and 7:00 a.m. as to unreasonably annoy or disturb the quiet, comfort or repose of persons in any dwelling, hotel or any other type of residence or to disturb the peace, quiet and comfort of the neighboring inhabitants or to play or operate the same with louder volume than is necessary for convenient hearing for the person or persons who are in the room or chamber in which such machine or device is operated and who are voluntary listeners thereto.
C. 
Yelling, shouting, etc. Yelling, shouting, hooting, whistling or singing on the public streets or yelling, shouting, hooting, whistling or singing at any other place, either public or private, within the corporate limits of the Borough of Avon-by-the-Sea in such a manner and in such volume and intensity as to disturb the peace and quiet of the neighborhood, 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 dwelling, hotel or other type of residence or of any persons in the vicinity.
D. 
Construction or repair of building.
[Amended 8-25-08 by Ord. No. 12-2008; 11-10-14 by Ord. No. 10-2014]
(1) 
Hours of construction.
[Amended 7-13-2020 by Ord. No. 13-2020]
(a) 
The erection, including excavating, demolition, alterations or repair, of any building by a commercial contractor is permitted as follows:
[1] 
Between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, except on public holidays of New Year's Day, Memorial Day, July 4th, Labor Day, Thanksgiving and Christmas. The official date of observance shall govern.
[2] 
Between the hours of 9:00 a.m. and 5:00 p.m. on Saturdays, except between June 15 and Labor Day.
(b) 
Individual property owners are permitted to perform ordinary maintenance as follows:
[1] 
Between the hours of 8:00 a.m. and 7:00 p.m., Monday through Friday, except on public holidays of New Year's Day, Memorial Day, July 4th, Labor Day, Thanksgiving and Christmas. The official date of observance shall govern.
[2] 
Between the hours of 9:00 a.m. and 5:00 p.m. on Saturdays.
(c) 
Ordinary maintenance shall include any construction activity as defined by N.J.A.C. 5:23-2.7.
(2) 
Except as heretofore permitted in an emergency, the erection (including excavating), demolition, alteration or repair of any building is hereby prohibited on Sunday.
E. 
Loudspeakers and amplifiers for advertising. The use, operation or permitting the playing, use or operation of any radio, television, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building, structure, store or establishment.
F. 
Pile drivers, hammers, etc. The operation, between the hours of 5:00 p.m. and 8:00 a.m. of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist or other appliances, the use of which is attended by loud or unusual noise except in the event of urgent necessity which is required to preserve or to protect the health, safety or welfare of the general public.
G. 
The keeping of any animal or bird which shall emit frequent or long-continued noises.
H. 
The shouting of peddlers, hawkers and vendors which disturb the peace and quiet of the neighborhood.
I. 
Power mowers and power tools. The operation of a power mower or any other garden power tool on Sunday before the hour of 12:00 noon and after the hour of 5:00 p.m. and Monday through Saturday before 8:00 a.m. and after 8:00 p.m. Use of power mowers and power tools by contractors or persons other than the owner or occupant of resident property on Sunday is prohibited.
[Amended 8-24-09 by Ord. No. 12-2009]
J. 
Sound devices on beaches, boardwalk streets and sidewalks prohibited. Operating, playing or permitting the operation or playing of any radio, television, phonograph, or similar device that reproduces or amplifies sound shall be prohibited unless the person operating, playing said device is using earphones which restricts the sound emanating from said device to hearing of the operator only.
[Added 8-13-90 by Ord. No. 17-1990]
The hours referred to in this chapter shall be prevailing time, i.e., either Eastern standard time or daylight saving time.
[Amended 6-23-86 by Ord. No. 17- 1986]
This chapter is intended to apply and to bind the owners, tenants, occupants, guests and all other persons as heretofore defined within the corporate limits of the Borough of Avon-by-the-Sea. This chapter shall not apply to representatives and employees of the Borough of Avon-by-the-Sea performing tasks on official business of the Borough of Avon-by-the-Sea.
It shall be the duty of the Chief of Police and members of the Police Department of the Borough of Avon-by-the-Sea to determine whether or not this chapter has been and is being complied with and to enforce the provisions of this chapter against any person found to be violating the same.
[Amended 5-12-76 by Ord. No. 13-1976; 8-27-1979 by Ord. No. 7-1979; 4-22-02 by Ord. No. 5-2002]
The Chief of Police, any police officer of the Borough of Avon-by-the-Sea or any taxpayer or resident of the Borough may make a complaint in the Municipal Court of the Borough of Avon-by-the-Sea for any violations of this chapter or any section, paragraph or provision thereof. Upon conviction in such case, for each and every violation, the person committing, taking part in or assisting in such violation or violations shall, upon conviction thereof, be liable to the penalty provided by Chapter 1, Section 1-15. Each day that a violation is permitted to exist shall constitute a separate offense.