[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:
(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.
