The making of excessive sound is a serious hazard to the public
health, welfare, safety, and the quality of life; and a substantial
body of science and technology exists by which excessive sound may
be substantially abated; and the people have a right to, and should
be insured an environment free from excessive sound. It is, therefor,
the policy of the Borough of Wildwood Crest to prevent excessive sound
that may jeopardize the health, welfare, or safety of the citizens
or degrade the quality of life.
It shall be unlawful for any person to make, continue to make,
permit, or cause to be made or continued any loud, excessive, unnecessary
or unusually loud noise, or any noise which either annoys, disturbs,
injures or endangers the comfort, repose, health, peace or safety
of reasonable persons of normal sensitivities. Furthermore, it shall
be unlawful for any person who has custody and control of the premises
to allow or permit another person to make, continue or cause to be
made or continue any loud, excessive, unnecessary or unusually loud
noise, or any noise which either annoys, disturbs, injures, or endangers
the comfort, repose, health, peace or safety of others, within the
limits of the borough.
For the purpose of this Article, the following persons shall
be presumed to be in custody and control:
A. An individual owner or owners where the premises are owner-occupied.
B. The tenant where the premises are leased.
C. A manager of a rooming house, motel or hotel.
For the purpose of this Article, "premises" shall mean a specific
dwelling unit. Accordingly, by way of example: An owner of a duplex
who occupies one unit shall not be presumed to be in "custody and
control" of the remaining unit.
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 to create a sound level
that exceeds the particular sound level limits set forth in Table
I as follows when measured at or within the real property line of
the receiving property.
Table I. Maximum Permissible Sound Levels by Receiving Property
Category, in dBA
|
---|
Category
|
Receiving Property
|
---|
Sound Source Property Category
|
8:30 a.m. - 11:00 p.m.
|
11:00 p.m. - 8:30 a.m.
|
All times
|
---|
Residential
|
55
|
50
|
65
|
Commercial or public spaces or rights-of-way
|
65
|
50
|
65
|
The following are exempt from the sound level limits of Table
I:
A. Noise from domestic power tools, lawn mowers, and agricultural equipment
when operated with a properly functioning muffler between the hours
of 8:00 a.m. and 8:00 p.m., provided they produce less than 85 dBA
at or within any real property line of a residential property;
B. Sound from church bells and church chimes when a part of a religious
observance or service;
C. Noise from construction activity provided all motorized equipment used in such activity is equipped with properly functioning mufflers, except as provided in Section
43-12.2;
D. Noise from stationary emergency signaling devices that conforms with
the provisions of N.J.A.C. 7:29;
E. Noise from an exterior burglar alarm of any building or motor vehicle
provided such burglar alarm shall terminate its operation within 15
minutes after it has been activated.
[Ord. No. 1226]
The following acts, among others, are declared to be loud, disturbing
and unnecessary noises in violation of this section, but such enumeration
shall not be deemed to be exclusive, namely:
A. Sound reproduction systems. Operating, playing, or permitting the
operation or playing of any radio, television, stereo 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.
Between the hours of 11:00 p.m. and 8:00 a.m. such noise plainly audible
at a distance of 50 feet from the real property line or vehicle in
which it is located shall be prima facie evidence of a violation of
this section.
B. Animals. Owning, possessing or harboring any pet animal 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).
C. Horns and emergency sirens. The sounding of any horn in any motor
vehicle, except as a warning of danger, and the permitting of an emergency
siren from a home or motor vehicle to continue for a period in excess
of 15 minutes.
D. Construction and demolition. The operation of any tools or equipment
used in construction that emit noise levels in excess of the provisions
specified in Table I shall not be permitted except for (a) emergency
work, or (b) by special permit from the Construction Official.
E. Loading and unloading. Loading, unloading from structures or motor
vehicles, opening, closing or other handling of boxes, crates, containers,
building materials, garbage cans, or similar objects, between the
hours of 8:00 p.m. to 8:00 a.m. the following day, in such a manner
as to cause a noise disturbance across a residential real property
boundary.
F. Pile driving and demolition of structures.
(1)
Findings of fact. The borough has determined that the demolition
of structures and pile driving activities create a nuisance when conducted
during the peak tourism season in the borough by, without limitation,
creating unsightly conditions, excess noise, excess debris, damage
to other property, as well as increasing amounts of silt, sand, sediment
and other debris entering the streets and gutters within the borough,
thus clogging and otherwise doing damage to the water inlets throughout
the borough. Further, such activities pose greater risk to the public
health, safety, and welfare during the peak tourism season.
(2)
Objectives. It is the purpose of this subsection to prohibit
the demolition of structures and pile driving activities during the
summer months, beginning the 15th of May and through the 15th of September
of each year, with the borough. It is also the purpose of this section
to regulate the manner in which pile driving operations are performed
in order to prohibit the accumulation of silt sand, sediment and other
debris in the alleys, streets, gutters and inlets throughout the borough,
and thus to require pile driving contractors to be responsible for
those operations, to prevent the accumulation of sand, silt, sediment
and other debris in the gutters, streets and inlets of the borough,
and also to prevent damage to adjoining neighbors' properties
and damage to curbs, sidewalks and streets.
(3)
Certain times established when demolition and pile driving permits
will not be issued. Beginning with the 15th of May and through the
15th of September of each year within the borough, the demolition,
removal or razing of buildings, structures or improvements to real
property, as well as any pile driving activities within the borough,
shall be prohibited, and no permit for such demolition or pile driving
shall be issued during such period of time. Notwithstanding this subsection,
in the event of an emergency, or in the event of a danger to person
or property, as determined by the Construction Official, a demolition
permit may be issued during such period.
(4)
Pile driving activities.
(a)
Any contractor performing pile driving operations within the
borough shall be responsible for all sand, silt, sediment, debris
and water leaving the site of the pile driving operation. Said person,
firm or corporation shall be responsible to clean and maintain all
alleys, gutters, streets, sidewalks and inlets prior to completing
their pile driving operations, and shall specifically remove, or cause
to be removed, all sand, silt, sediment, or other debris arising from
the pile driving operation. The contractors performing the pile driving
operation shall also take any and all actions or steps necessary to
prevent the accumulation of sand, soil, sediment and other debris
upon any adjoining property, and to likewise take whatever action
necessary to prevent damage to alleys, streets, gutters, curbs and
adjoining property by the utilization of pile driving equipment.
(b)
Prior to performing any pile driving activities, the contractor
shall construct and install silt traps at the inlets located at either
end of the block in which the contractor is performing the pile driving
operations. Prior to obtaining the pile driving permit, the contractor
shall notify the Construction Official of the exact type of silt trap
which shall be utilized. No pile driving permit shall be issued unless
the Construction Official is notified of the type of silt trap which
shall be utilized and such silt trap is approved by the Construction
Official.
(c)
Prior to the commencement of work to drive piles or demolish
a structure, the contractor shall notify the owner of property on
either side of the site on which he is working to drive piles or demolish
a structure. The notification shall be forwarded in writing, by certified
mail, at least 14 calendar days prior to the commencement date of
the pile driving activity or demolition work but not earlier than
30 days prior. The notification shall be forwarded to the adjacent
property and to an address outside the borough as shown on the records
of the Borough Tax Assessor for said property, if such exists.
(5)
Damage to property. It shall be the responsibility of the pile
driving contractor in the case of pile driving, or a demolition contractor
in the case of demolition of structures, to prevent damage to alleys,
streets, curbs, sidewalks, gutters and adjoining property from pile
driving and/or demolition construction.
(6)
Penalties. Any person, firm or corporation convicted for violation of this subsection shall be subject to the penalty established in Chapter
43, Section
43-13.1. Additionally, the Municipal Court Judge shall have the authority to order restitution for any damage done to property by a pile driving or demolition contractor.
The provisions of this ordinance shall not apply to:
A. Emergencies — either as an alert or in performance of emergency
work;
B. Municipally sponsored or approved celebrations or events;
C. Use of bells, chimes, or sound amplifiers by churches engaged in
religious activities;
D. Borough activities and duties.
Should any unnecessary, excessive or unusually loud and offensive
noise be such that, due to its nature, its intermittency, or unusual
circumstances not be capable of being measured by a sound meter as
above, such noise shall nevertheless be deemed a violation of this
section.
If any provision of this ordinance is held to be unconstitutional,
pre-empted by state or federal law, or otherwise invalid by any court
of competent jurisdiction, the remaining provisions of the ordinance
shall not be invalidated.
[New]
Any person found guilty of a violation of any provisions of
this ordinance shall, upon conviction thereof, be liable to a penalty
of not less than $100, but not exceeding $2,000, and/or 90 days imprisonment
in the County Jail.
The Chief of Police and members of the Wildwood Crest Police
Department shall be designated as the local agency responsible for
the enforcement of this section.