[HISTORY: Adopted by the Board of Commissioners (now Mayor and Council)
of the Borough of Bradley Beach 6-26-1956; amended in its
entirety 2-22-1983 (Sec. 4-2 of the 1974 Code). Subsequent
amendments noted where applicable.]
It shall be unlawful for any person to permit, make or continue or cause
to be permitted, made or continued any unnecessary noise which shall disturb
the comfort, rest and repose of any person being in his own place of abode
or at any public or private meetings or at houses of worship. It shall also
be unlawful to make or cause or permit to be made or caused upon any premises
owned, occupied or controlled by him, in any public place or upon any public
street, alley or thoroughfare in the Borough any unnecessary noises or sounds
by means of the human voice or by any other means or methods which are physically
annoying to persons or which are so harsh, prolonged, unnatural, or unusual
in their use, time and place as to occasion physical discomfort or which are
injurious to the lives, health, peace and comfort of any inhabitant of the
Borough.
Terminology used in this chapter shall be in conformance with applicable
publications of the American National Standards Institute (ANSI) or its successor
body, unless specifically defined in this section. These shall include the
following meanings:
- AMBIENT NOISE LEVEL
- The sound-pressure level of the all-encompassing noise associated with a given environment being usually a composite of sounds from many sources and/or the A-weighted sound-pressure level exceeded 90% of the time/L90 based on a one-hour period.
- A-WEIGHTED SOUND-PRESSURE LEVEL
- The sound-pressure level as measured in decibels on a sound-level meter using the A-weighting network. The level so read shall be designated dB(A) or dBA.
- CONTINUOUS NOISE
- A steady, fluctuating, or impact noise which exists, essentially without interruptions, for a period of one hour, or more.
- CYCLICALLY VARYING NOISE
- A steady, fluctuating, or impulsive noise which may or may not contain a pure tone, which varies in sound-pressure level such that the same level is obtained repetitively at reasonably uniform intervals of time.
- DECIBEL
- A logarithmic (dimensionless) unit of measure often used in describing the amplitude of sound. Decibel is denoted as "dB."
- DEPARTMENT
- The Police Department of the Borough of Bradley Beach.
- DEVICE
- Any mechanism which is intended to produce or which actually produces noise when operated or handled.
- EMERGENCY VEHICLE
- A motor vehicle used in response to a public calamity or to protect persons or property from imminent danger.
- EMERGENCY WORK
- Work made necessary to restore property to a safe condition following a public calamity, work to restore public utilities, or work required to protect persons or property from an imminent exposure to danger.
- FLUCTUATING NOISE
- The sound-pressure level of a fluctuating noise varies more than six dB(A) during the period of observation when measured with the slow meter characteristic of a sound-level meter, and does not equal the previously existing ambient noise level more than once during the period of observation.
- HOLIDAY
- Any legal holiday.
- MOTOR VEHICLE
- Any vehicles which are propelled or drawn by mechanical equipment, such as, but not limited to, passenger cars, trucks, truck trailers, semitrailers, campers, motorcycles, minibikes, go-carts, snowmobiles, amphibious craft on land, dune buggies, or racing vehicles, and as otherwise defined in N.J.S.A. 39:1-1 et seq.
- MOTORBOAT
- Any vehicles which are primarily operated on water or which does operate on water, such as boats, barges, amphibious craft or hover craft, and which is at any time propelled by mechanical power.
- MUFFLER
- Any apparatus consisting of baffles, chambers, or acoustical-absorbing materials whose primary purpose is to transmit liquids or gases while causing a reduction in sound emission at one end.
- NOISE
- Any sound which is unwanted or which causes or tends to cause an adverse psychological effect on human beings.
- NOISE DISTURBANCE
- Any sound which annoys, disturbs, or perturbs reasonable persons with normal sensitivities; or any sound which injures or endangers the comfort, repose, health, hearing, peace or safety of other persons.
- PERSON
- Any individual, association, partnership, or corporation, and includes any officer, employee, department, agency or instrumentality of the United States, a state or any political subdivision of that state.
- PLAINLY AUDIBLE NOISE
- Any noise for which the information content of that noise is unambiguously communicated to the listener, such as, but not limited to, understandable spoken speech or comprehensible musical rhythms.
- POWERED MODEL VEHICLES
- Any powered vehicles, either airborne, waterborne, or landborne, which are designed not to carry persons or property such as, but not limited to, model airplanes, boats, cars, rockets, and which can be propelled by mechanical means.
- PROPERTY BOUNDARY
- An imaginary line at the ground surface, which separates the real property owned by one person from that owned by another person, and its vertical extension.
- PUBLIC RIGHT-OF-WAY and PUBLIC SPACE
- Any street, avenue, boulevard, highway, alley, or public space which is owned or controlled by a public government entity.
- PURE TONE
- Any noise which can be distinctly heard as a single pitch or a set of single pitches. For the purposes of measurement, a pure tone shall exist if the one-third octave band sound-pressure level in the band with the tone exceeds the arithmetic average of the sound-pressure levels of the two contiguous one-third octave bands by five dB for frequencies of 500 Hz and above, by eight dB for frequencies between 160 and 400 Hz and by 15 dB for frequencies less than or equal to 125 Hz.
- REPETITIVE IMPULSIVE NOISE
- Any noise which is composed of impulsive noises that are repeated at sufficiently slow rates such that a sound-level meter set at "fast" meter characteristic will show changes in sound-pressure level greater than two dB(A).
- SOUND
- A temporal and spatial oscillation in pressure, or other physical quantity, in a medium with internal forces that causes compression and rarefaction of that medium, and which propagates at finite speed to distant points.
- SOUND-LEVEL METER
- An instrument, which includes a microphone, amplifier, RMS detector, integrator or time averager, output meter and weighting networks used to measure sound-pressure levels.
- SOUND PRESSURE
- The instantaneous difference between the actual pressure and the average or barometric pressure at a given point in space.
- STATIONARY EMERGENCY SIGNALING DEVICES
- Any device, excluding those attached to motor vehicles, used to alert persons engaged in emergency operations. These include, but are not limited to, fire fighters, first aid squad members and law enforcement officers, whether paid or volunteer.
- STATIONARY NOISE SOURCE
- Any device, fixed or movable, which is located or used on geographically defined, real property other than a public right-of-way.
- STEADY NOISE
- A sound-pressure level which remains essentially constant during the period of observation, i.e., the fluctuations are too small to meet the criterion for fluctuating noise.
- WEEKDAY
- Any Monday, Tuesday, Wednesday, Thursday, or Friday which is not a legal holiday.
- WEEKEND
- Any Saturday or Sunday.
Without intending to limit the generality of § 310-2, the following acts are hereby declared to be examples of loud, disturbing and unnecessary noise in violation of this chapter, and it shall be unlawful for any person at any time other than as specifically excluded hereafter:
A.
To play, use, operate or permit to be played, used or
operated any radio receiving set, musical instrument, phonograph, television
or other device for the production or reproduction of sound with louder volume
than is necessary for convenient hearing of the person so playing, using or
operating such instrument or device and such persons who are voluntary listeners,
or in such manner as to disturb the peace, quiet and comfort of neighboring
inhabitants.
B.
For advertising purposes or for the purpose of attracting
the attention of the passing public, to play, use, operate or permit to be
played, used or operated any radio receiving set, musical instrument, phonograph,
loudspeaker, sound amplifier, television or other machine or device for the
producing or reproducing of sound on the streets or public places of the Borough
or in any place where the sound therefrom is cast directly upon the streets
or public places or which is so placed and operated that the sound can be
heard to the annoyance or inconvenience of travelers upon any street or public
place or of persons in neighboring premises.
C.
To play, use or operate for advertising purposes or for
any other purpose whatsoever, in public places or upon the public streets,
alleys or thoroughfares in the Borough any device known as a sound truck,
loudspeaker or sound amplifier, or radio or phonograph with a loudspeaker
or sound amplifier, or any other instrument known as a calliope or any instrument
of any kind which emits loud or raucous noises and is attached to and upon
any vehicle operating or standing upon the streets or public places aforementioned.
D.
To sound any horn or warning device on any automobile,
motorcycle, bus or other vehicle, except when required by law or when necessary
to give timely warning of the approach of the vehicle, as a warning of impending
danger to persons driving other vehicles or to persons upon the streets. No
person shall sound any horn or warning device on any automobile, motorcycle,
bus or other vehicle which emits an unreasonably loud or harsh sound, or for
any unreasonable period of time.
E.
To play or operate any of the aforementioned devices
between the hours of 10:00 p.m. and 8:00 a.m., the following day, in such
a manner as to be plainly audible across real property boundaries or through
partitions common to two parties within a building or plainly audible at 50
feet from such device when operated within a motor vehicle parked on a public
right-of-way or on a public space, or within a motorboat.
F.
To yell, shout, hoot, whistle or sing in the public streets,
particularly between the hours of 10:00 p.m. and 8:00 a.m., so as to annoy
and disturb the quiet, comfort or repose of persons in any office, dwelling,
hotel or other type of residence, or of any persons in the vicinity.
G.
To blow any locomotive whistle or whistle attached to
any stationary boiler, except to give notice of the time to begin or to stop
work or as warning of distress, fire or danger, or upon request of proper
Borough authorities.
H.
To discharge into open air the exhaust of any steam engine,
stationary internal-combustion engine, motor vehicle or motorboat engine,
except through a muffler or other device which will effectively prevent loud
or explosive noises therefrom.
I.
To use any automobile, motorcycle or vehicle, so out
of repair, so loaded or in such manner as to create loud and unnecessary grating,
grinding, rattling or other noise.
J.
To create a noise disturbance in connection with loading
or unloading any vehicle, or the opening and destruction of bales, boxes,
crates and containers.
K.
To erect (including excavation), demolish, alter or repair
any building, other than between the hours of 8:00 a. m. and 6:00 p.m. on
weekdays, except in case of urgent necessity in the interest of public health
and safety; provided, however, that a permit therefor has been obtained from
the building official. Such permit may be granted while the emergency continues
for a period not to exceed three days and may be renewed for periods of three
days or less.
L.
To create any excessive or disturbing noise on any street
adjacent to any school, institution of learning, church or court, provided
that conspicuous signs are displayed in such streets indicating the proximity
of such institutions.
M.
The shouting or crying of peddlers, hawkers and vendors
which disturbs the peace and quiet of the neighborhood.
N.
To operate between the hours of 6:00 p.m. and 8:00 a.m.
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.
O.
To operate any blower, fan or internal-combustion engine
resulting in noise from the explosion of operating gases or fluids, unless
such blower, fan or engine is equipped with a sound-deadening muffler.
P.
To operate or cause to be operated any equipment used
in commercial construction, repair, alteration or demolition work on buildings,
structures, streets, alleys, or appurtenances thereto, in residential or commercial
land use categories, between the hours of 6:00 p.m. and 8:00 a.m. the following
day on weekdays, between 6:00 p.m. Saturday night and 8:00 a.m. Monday morning
and on legal holidays.
Q.
To repair, rebuild, modify or test any motor vehicle, off-road vehicle or motorboat in or near a residential use district in such a manner as to cause a noise disturbance or violate the provisions of § 310-5.
R.
To own, keep, possess or harbor any animal or animals
or bird or birds which, by frequent or habitual howling, barking, meowing,
squawking, or other noisemaking, cause a noise disturbance.
S.
To operate, or permit to be operated, any loudspeaker
or other source of sound in any place of public entertainment which produces
maximum levels of 90 dB(A) at any point that is normally occupied by a human
being as read with the slow response on a sound-level meter.
T.
To operate or permit the operation of powered model vehicles between the hours of 8:00 p.m. and 8:00 a.m. the following morning. Maximum sound-pressure levels during the permitted period of operation shall conform to those set forth in Table I of § 310-5 and shall be measured at the property boundary of the source or at a distance of 100 feet, if it is operated in a public place.
U.
To operate or permit the operation of the motor of any
motor vehicle whose manufacturer's gross weight is in excess of 10,000 pounds
or any attached auxiliary equipment for a period longer than three minutes
in any hour while such vehicle is stationary on a public right-of-way in a
residential district or in any designated quiet zone, or is on private property
in a residential or commercial zone and is not within a completely enclosed
structure.
V.
To sound or permit the sounding of any exterior burglar
alarm on any building or motor vehicle unless such burglar alarm shall terminate
its operation within 15 minutes of its being activated. Any motor vehicle
upon which a burglar alarm has been installed shall prominently display the
telephone number at which communication may be made with the owner of such
motor vehicle.
W.
To operate, or permit to be operated, any powered saw
sander, drill, grinder, garden equipment or tools of like nature, used primarily
for domestic purposes, outdoors in residential zones between the hours of
8:00 p.m. and 8:00 a.m. the following day.
X.
To play and/or participate in any game of basketball,
softball, stickball, street hockey or other such activity on any public right-of-way
and/or public space in the Borough between the hours of 10:00 p.m. and 8:00
a.m. the following day, so as to annoy and disturb the quiet, comfort or repose
of persons in any office, dwelling, hotel or other type of residence, or of
any persons in the vicinity.
Noise caused in the performance of emergency work for the immediate
safety, health or welfare of the community or to restore property to a safe
condition following a public calamity shall not be subject to the provisions
of this chapter. Nothing in this chapter shall be construed to permit law
enforcement, ambulance, fire, or other emergency personnel to make excessive
noise in the performance of their duties when such noise is clearly unnecessary.
The use of stationary emergency signaling devices shall be for emergency use
only.
It shall be unlawful for any person to operate, or permit to be operated,
any stationary source of noise in such a manner as to create a sound-pressure
level which exceeds the limits set forth for the receiving land use (land
use category) in Table I when measured at the property boundary. When a noise
source can be identified and its noise measured in more than one land use
category, the limits of the most restrictive use shall apply at the boundaries
between different land use categories.
|
Table I
| ||
|---|---|---|
|
Receiving Land Use Category
|
Time
|
Sound-Pressure Level Limit
dB(A)
|
|
All residential zones and Residential Beachfront Zone
|
8:00 a.m. to 10:00 p.m.
|
65
|
|
10:00 p.m. to 8:00 a.m.
|
50
| |
|
General Business Zone; Office-Professional Zone; and Business, Office
and Research Zone
|
At all times
|
65
|
A.
No person shall operate a motor vehicle on a public right-of-way at any time in such manner that the sound-pressure level emitted by said vehicle exceeds the levels set forth in Table II when measured at the location established by § 310-6. This section shall apply to all motor vehicles, whether publicly or privately owned, that are duly licensed.
|
Table II
| |||
|---|---|---|---|
|
Vehicle Class
|
Speed Limit 35 mph or less
|
Speed Limit Over 35 mph
| |
|
Federally registered interstate motor carrier
|
86
|
90
| |
|
All other motor vehicles with a manufacturers' gross vehicle rating
of 10,000 pounds or more, and any combination of vehicles towed by such motor
vehicle
|
92
|
96
| |
|
Motorcycles
|
88
|
92
| |
|
Any other motor vehicles and any combination of vehicles towed by such
motor vehicle
|
82
|
88
| |
B.
For the purpose of § 310-6, standard measurement height shall be four feet (1.2 meters) and the standard horizontal measurement distance from the center line of the traffic lane being monitored shall be 50 feet (15 meters). Whenever it is not feasible to use 50 feet, the distance may be shortened to 25 feet (7.5 meters), in which case the values in Table II of § 310-6 be increased by six dB(A).
No person shall operate a power-propelled vehicle or recreational device off a public right-of-way in such manner that the sound-pressure level emitted therefrom exceeds the limits set forth in Table III when measured at the locations set forth in § 310-7. This section shall apply to all motorized vehicles and recreational devices, whether publicly or privately owned, or whether or not duly registered or licensed, including but not limited to passenger cars, trucks, campers, motorcycles, minibikes, go-carts, snowmobiles, amphibious craft, dune buggies, racing vehicles, water-ski towing devices and motorboats.
|
Table III
| |
|---|---|
|
Vehicle Class
|
Sound-Pressure Level
dB(A)
|
|
Motorboat
|
86
|
|
All other vehicles
|
83
|
[Added 10-23-1990]
It shall be unlawful for anyone to operate, play or permit the operation
of any radio, phonograph, tape or cassette player, television, musical instrument,
loudspeaker or amplifier or any other machine or device for the electronic
or stereophonic production or reproduction of sound on the boardwalk, beaches
and streets unless the person operating said device is using earphones which
restrict the sound emanating from said device to the hearing of the operator
only.
A.
It shall be the duty and responsibility of the Police
Department of the Borough of Bradley Beach to enforce the provisions of this
chapter.
B.
Violation of this chapter shall be cause for summons
and complaint to be issued forthwith; provided, however, that if the noise
source is not a motor vehicle moving on a public right-of-way, in lieu of
a summons and complaint, enforcement personnel may issue a twenty-four-hour
notice, in writing, which may be served personally or by certified mail to
the last known address of the person or persons in charge of or in control
of the device, building or premises to abate said violation of this chapter.
Failure to comply with the order so issued and served shall constitute a violation
of this chapter.
In order to implement the purposes of this chapter, the Police Department
of the Borough of Bradley Beach shall have power to:
A.
Conduct, or cause to be conducted, studies, research,
and monitoring related to noise.
B.
Conduct programs of public education regarding the causes
and effects of noise but not giving specific advice for its abatement, and
to encourage the participation of public interest groups in related public
information efforts.
C.
For reasonable cause and upon presentation of proper
credentials, enter any building, property, premises or places and inspect
any noise source for the purpose of ascertaining the compliance or noncompliance
with any provisions of this chapter, or have access to and require the production
of books and papers pertinent to any matter under investigation.
D.
Require the owner or operator of any noise source to
establish and maintain records and make such reports as the Police Department
may reasonably prescribe.
E.
Require the owner or operator of any noise source to
measure the noise emissions thereof in accordance with such methods and procedures
and at such locations and times as the Police Department may reasonably prescribe.
Any person, as defined in this chapter, who shall be found guilty of violating any provision of this chapter shall, for each offense, be fined a sum of not less than $100 nor more than the maximum penalty set forth in Chapter 1, Article II, General Penalty, or both, in the discretion of the court hearing the complaint. Each day of such violation's continuance shall be considered a separate offense and shall be separately punishable.
A.
The operation or maintenance of any noise source in violation
of any provision of this chapter shall be deemed and is declared to be a public
nuisance and may be subject to abatement summarily by a restraining order
or injunction issued by a court of competent jurisdiction, or in any other
manner available for the abatement of public nuisances.
B.
Any remedy available pursuant to this chapter shall be
considered separate and not exclusive of any other remedy available hereunder.
C.
Nothing in this chapter shall be construed to impair
any cause of action, or legal remedy therefor, of any person for injury or
damage arising from any violation of this chapter.