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.
The creation of any unreasonably loud, disturbing and unnecessary
noise in the Borough of Neptune City 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 Neptune City.
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 Neptune City; 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,
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 Neptune City 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, or other type
of residence or of any persons in the vicinity.
D. Construction or repair of building. Construction and/or repair of
a building refers to the erection, including excavation and demolition,
or repair of any building, other than between the hours of 7:00 a.m.
and 8:00 p.m. on weekdays, and 8:00 a.m. and 8:00 p.m. on weekends
and holidays, except in case of urgent necessity in the interest of
public health and safety and in such event of urgent necessity, only
with a permit from the Borough Inspector, which permit may be granted
for a period not to exceed three days while such emergency continues
and which permit may be renewed for periods of three days or less
while the emergency continues.
[Amended 4-26-2004 by Ord. No. 2004-5]
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. Power mowers and power tools. The operation of a power mower or any
power tool other than between the hours of 7:00 a.m. to 8:00 p.m.
on weekdays, and 8:00 a.m. and 8:00 p.m. on weekends and holidays.
[Amended 4-26-2004 by Ord. No. 2004-05]
G. Sound devices on beaches, parks, playgrounds, 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 or hearing of the operator only.
The hours referred to in this chapter shall be prevailing time,
i.e., either Eastern standard time or daylight saving time.
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 Neptune City. This chapter
shall not apply to representatives and employees of the Borough of
Neptune City performing tasks on official business of the Borough
of Neptune City.
It shall be the duty of the Chief of Police and members of the
Police Department of the Borough of Neptune City 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 11-27-1995 by Ord. No. 1995-19; repealed 9-27-2004 by Ord. No. 2004-15]
Each section of this chapter is an independent section, and
the holding of any section, or part thereof, to be unconstitutional,
void or ineffective for any cause, shall not be deemed to affect the
validity or constitutionality of other sections or parts thereof.
This chapter shall become effective when passed and published
according to law.