[HISTORY: Adopted by the Board of Commissioners (now City Council) of the City of Brigantine as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Alarm systems — See Ch. 87.
Beaches and recreational facilities — See Ch. 105.
Boats — See Ch. 111.
Dogs and other animals — See Ch. 153.
Nuisances — See Ch. 220.
Taxicabs — See Ch. 270.
Towing — See Ch. 278.
Vehicles and traffic — See Ch. 284.
[Adopted 1-21-1987 by Ord. No. 31-1986]
As used in this article, the following terms shall have the meanings indicated:
dBA
The abbreviation designating both the unit of measured sound level (the decibel) and the mode of measurement that uses the A-weighting of a sound-level meter.
DECIBEL (dB)
The practical unit of measurement for sound-pressure level; the number of decibels of a measured sound is equal to 20 times the logarithm to the base 10 of the ratio of the sound pressure of the measured sound to the sound pressure of a standard sound (20 micropascals); abbreviated "dB."
EMERGENCY WORK
Any work or action necessary to deliver essential services, including but not limited to repairing water, gas, electricity, telephone and sewer facilities and public transportation, removing fallen trees on public rights-of-way or abating life-threatening conditions.
GROSS VEHICLE WEIGHT RATING (GVWR)
The values specified by the manufacturer as the recommended maximum loaded weight of a single motor vehicle. In cases where trailers and tractors are separable, the gross combination weight rating ("GCWR"), which is the value specified by the manufacturer as the recommended maximum loaded weight of the combination vehicle, shall be used.
MOTOR CARRIER VEHICLE ENGAGED IN INTERSTATE COMMERCE
Any vehicle for which regulations apply pursuant to Section 18 of the Federal Noise Control Act of 1972 (P.L. 92-547), as amended, pertaining to motor carriers engaged in interstate commerce.
MOTORCYCLE
An unenclosed motor vehicle having a saddle for the use of the operator and two or three wheels in contact with the ground, including but not limited to motor scooters, mopeds and minibikes.
MOTOR VEHICLE
Any vehicle that is propelled or drawn on land by an engine or motor, such as, but not limited to, passenger cars, trucks, truck-trailers, semitrailers, campers, go-carts, snowmobiles, amphibious craft on land, dune buggies or racing vehicles, but not including motorcycles.
MUFFLER
A sound-dissipative device or system for abating the sound of escaping gases of an internal-combustion engine.
NOISE
Any sounds of such level and duration as to be or tend to be injurious to human health or welfare or which would unreasonably interfere with the enjoyment of life or property throughout the state or in any portions thereof, but excludes all aspects of the employer-employee relationship concerning health and safety hazards within the confines of a place of employment.
NOISE CONTROL OFFICER
An officially designated employee of the municipality, or a group of municipalities, or of the county, trained in the measurement of sound and empowered to issue a summons for violations of this article.
PERSON
Any individual, corporation, company, association, society, firm, partnership, joint-stock company, the state or any political subdivision, agency or instrumentality of the state.
PUBLIC RIGHT-OF-WAY
Any street, avenue, boulevard, road, highway, sidewalk, alley or similar place that is leased, owned or controlled by a governmental entity.
PUBLIC SPACE
Any real property or structures thereon that are owned or controlled by a governmental entity.
REAL PROPERTY LINE
The imaginary line, including its vertical extension, that separates one parcel of real property from another.
RECREATIONAL MOTORIZED VEHICLE
Any motor vehicle used off public roads for recreational purposes.
RESIDENTIAL AREA
A group of residential properties and the abutting public rights-of-way and public spaces.
RESIDENTIAL PROPERTY
Any property used for human habitation.
SOUND LEVEL
The sound-pressure level measured in decibels with a sound-level meter set for A-weighting; sound level is expressed in dBA.
SOUND-LEVEL METER
An instrument for the measurement of sound levels as specified in N.J.A.C. 7:29B.
SOUND-PRESSURE LEVEL
The level of a sound measured in decibel units with a sound-level meter which has a uniform response over the band of frequencies measured.
A. 
The noise control program established by this article shall be administered by the Police Department.
B. 
The Police Department shall be empowered to stop any motor vehicle or motorcycle operated on a public right-of-way or public space, reasonably suspected of violating any provisions of this article.
C. 
The noise control officer must be qualified according to N.J.A.C. 7:29B-1.11.
D. 
Noise measurements made by the noise control officer must be taken according to procedures specified by N.J.A.C. 7:29B.
A. 
Motor vehicles and motorcycles on public rights-of-way. No person shall cause, suffer, allow or permit the operation of a public or private motor vehicle or motorcycle on a public right-of-way at any time in such a manner that the sound level emitted by the motor vehicle or motorcycle exceeds the level set forth in Table I.
Table I
Maximum Permissible Sound Levels From
Motor Vehicles and Motorcycles
(Measured according to Department of Transportation, Bureau of Motor Carrier Safety Regulations for Enforcement of Motor Carrier Noise Emission Standards, Title 49 of the Code of Federal Regulations, Chapter II, Part 325, as amended and supplemented)
Sound Level at 50 Feet (15 Meters)
From Center Line of Vehicle Travel
Vehicle Class
Speed Limit 35 mph or Less
(dBA)
Speed Limit Over 35 mph
(dBA)
Stationary Run-Up
(dBA)
Motor carrier vehicle engaged in interstate commerce of GVWR or GCWR of 10,000 pounds or more
86
90
88
All other motor vehicles of GVWR or GCWR of 10,000 pounds or more
86
90
--
Any motorcycle
82
86
--
Any other motor vehicle or any combination of vehicles towed by any motor vehicle
76
82
--
Sound Level on Fast Setting at 15 Feet
From the Edge of the Lane of Vehicle
Vehicle Class
Travel Speed Limit 35 mph or Less
(dBA)
Any motor vehicle or motorcycle with a GVWR less than 10,000 pounds
[Amended 12-28-1992 by Ord. No. 28-1992]
80
B. 
Recreational motorized vehicles operating off public rights-of-way. No person shall operate or cause to be operated any recreational motorized vehicle in such a manner that the sound level emitted therefrom exceeds the limits set forth in Table II at either a distance of 50 feet (15 meters) or more from the path of the vehicle when operated on a public space or at or across a real property line when operated on private property. This section shall apply to all recreational motorized vehicles, whether or not duly licensed or registered.
Table II
Maximum Permissible Sound Level for
Recreational Motorized Vehicles Operated Off Public
Rights-of-Way
Vehicle Type
Sound Level
(dBA)
Motorcycle
  Unit manufactured before 1975
86
  Unit manufactured after 1975
84
Any other vehicle
  Unit manufactured before 1975
84
  Unit manufactured after 1975
80
A. 
No person shall cause, suffer, allow or permit the operation of any motor vehicle or motorcycle not equipped with the original muffler and other components or equivalent replacement in good working order and in constant operation, regardless of sound level produced.
B. 
No person shall remove or render inoperative, or cause to be removed or rendered inoperative, other than for purposes of maintenance, repair or replacement, any muffler or other exhaust component on a motor vehicle or motorcycle.
The following acts and the causing thereof are declared to be in violation of this article:
A. 
The sounding of any horn or other auditory signaling device in any motor vehicle or motorcycle on any public right-of-way or public space, except as a warning of danger.
B. 
The sounding of any horn or other auditory signaling device that produces a sound level in excess of 100 dBA at 25 feet (7.5 meters).
No person shall cause, suffer, allow or permit the operating or playing of any radio, tape player or similar device that reproduces or amplifies sound in such a manner as to create noise at 50 feet (15 meters) from such device, when operating in or on a motor vehicle on a public right-of-way or public space.
No person shall operate or permit the operation of any motor vehicle or any auxiliary equipment attached to such a vehicle for a period longer than three minutes in any hour while the vehicle is stationary, for reasons other than traffic congestion or emergency work on a public right-of-way or public space within 150 feet (46 meters) of a residential area between the hours of 8:00 p.m. and 8:00 a.m. the following day.
The provisions of this article shall not apply to the emission of sound for the purpose of alerting persons to the existence of an emergency.
If a summons is given for violation of § 216-4 of this article, the summons may be revoked by the Police Department if the offending vehicle's exhaust system is repaired within five days. The vehicle must be brought to the police station for an inspection of the exhaust system.
[Amended 12-28-1992 by Ord. No. 28-1992]
A. 
Any person who violates any provision of this article shall be subject to a penalty for each offense of a fine of not more than $1,000 or imprisonment for not more than 90 days, or more.
B. 
Any person who willfully or knowingly violates any provision of this article shall be subject to a penalty for each offense of a sum not less than $25 nor more than $1,000 or imprisonment for not more than 90 days, or both.
No provision of this article shall be construed to impair any common law or statutory cause of action, or legal remedy therefrom, of any person for injury or damage arising from any violation of this article or from other law.
[Adopted 1-21-1987 by Ord. No. 33-1986]
As used in this article, the following terms shall have the meanings indicated:
COMMERCIAL AREA
A group of commercial facilities and the abutting public rights-of-way and public spaces.
COMMERCIAL FACILITY
 Any premises, property or facility involving traffic in goods or furnishing of services for sale or profit, including but not limited to:
A. 
Banking and other financial institutions.
B. 
Dining establishments.
C. 
Establishments for providing retail service.
D. 
Establishments for providing wholesale services.
E. 
Establishments for recreation and entertainment.
F. 
Office buildings.
G. 
Transportation.
H. 
Warehouses.
CONSTRUCTION
Any site preparation, assembly, erection, repair, alteration or similar action, but excluding demolition of buildings or structures.
dBA
The abbreviation designating both the unit of measured sound level (the decibel) and the mode of measurement that uses the A-weighting of a sound-level meter.
DECIBEL (dB)
The practical unit of measurement for sound-pressure level; the number of decibels of a measured sound is equal to 20 times the logarithm to the base 10 of the ratio of the sound pressure of the measured sound to the sound pressure of a standard sound (20 micropascals); abbreviated "db."
DEMOLITION
Any dismantling, intentional destruction or removal of buildings or structures.
EMERGENCY WORK
Any work or action necessary to deliver essential services, including but not limited to repairing water, gas, electricity, telephone or sewer facilities or public transportation facilities, removing fallen trees on public rights-of-way or abating life-threatening conditions.
INDUSTRIAL FACILITY
Any activity and its related premises, property, facilities or equipment, involving the fabrication, manufacture or production of durable or nondurable goods.
MOTOR VEHICLE
Any vehicle that is propelled or drawn on land by an engine or motor, such as, but not limited to, passenger cars, trucks, truck-trailers, semitrailers, campers, go-carts, snowmobiles, amphibious craft on land, dune buggies or racing vehicles, but not including motorcycles.
MUFFLER
A sound-dissipative device or system for abating the sound of escaping gases of an internal-combustion engine.
MULTI-DWELLING-UNIT BUILDING
Any building wherein there are two or more dwelling units.
NOISE
Any sounds of such level and duration as to be or tend to be injurious to human health or welfare or which would unreasonably interfere with the enjoyment of life or property throughout the state or in any portions thereof, but excludes all aspects of the employer-employee relationship concerning health and safety hazards within the confines of a place of employment.
NOISE CONTROL ADMINISTRATOR
The noise control officer designated as the official liaison with all municipal departments, empowered to grant permits for variances.
NOISE CONTROL OFFICER
An officially designated employee of the municipality, or a group of municipalities, or of the county, trained in the measurement of sound and empowered to issue a summons for violations of this article.
NOISE DISTURBANCE
Any sound that endangers the safety or health of any person, disturbs a reasonable person of normal sensitivities or endangers personal or real property.
PERSON
Any individual, corporation, company, association, society, firm, partnership, joint-stock company, the state or any political subdivision, agency or instrumentality of the state.
PUBLIC RIGHT-OF-WAY
Any street, avenue, boulevard, road, highway, sidewalk, alley or similar place that is leased, owned or controlled by a governmental entity.
PUBLIC SPACE
Any real property or structures thereon that are owned or controlled by a governmental entity.
REAL PROPERTY LINE
A. 
The imaginary line, including its vertical extension, that separates one parcel of real property from another; or
B. 
The vertical and horizontal boundaries of a dwelling unit that is one in a multi-dwelling-unit building or structure.
[Added 7-20-1988 by Ord. No. 16-1988]
RESIDENTIAL AREA
A group of residential properties and the abutting public rights-of-way and public spaces.
RESIDENTIAL PROPERTY
Property used for human habitation, including but not limited to:
A. 
Private property used for human habitation.
B. 
Commercial living accommodations and commercial property used for human habitation.
C. 
Recreational and entertainment property used for human habitation.
D. 
Community service property used for human habitation.
SOUND LEVEL
The sound-pressure level measured in decibels with a sound-level meter set for A-weighting; sound level is expressed in dBA.
SOUND-LEVEL METER
An instrument for the measurement of sound levels as specified in N.J.A.C. 7:29B.
SOUND-PRESSURE LEVEL
The level of a sound measured in decibel units with a sound-level meter which has a uniform response over the band of frequencies measured.
WEEKDAY
Any day, Monday through Friday, that is not a legal holiday.
[1]
Editor's Note: Former § 216-14, Administration and enforcement; noise control officer, was repealed 10-20-2004 by Ord. No. 31-2004.
[1]
Editor's Note: Former § 216-15, Cooperation of and compliance by other departments, was repealed 10-20-2004 by Ord. No. 31-2004.
[Amended 10-20-2004 by Ord. No. 31-2004]
The following are exemptions to the Noise Ordinance of the City of Brigantine.
A. 
Noise from domestic power tools, lawn mowers and agricultural equipment when operated with a muffler between the hours of 8:00 a.m. to 8:00 p.m. on weekdays and 9:00 a.m. to 5:00 p.m. on weekends and legal holidays.
B. 
Sounds from church bells and church chimes when a part of a religious observance or service.
C. 
Noise from construction activity, provided that all motorized equipment used in such activity is equipped with functioning mufflers.
D. 
Noise from snowblowers, snow throwers and snowplows when operated with a muffler for the purpose of snow removal.
E. 
Noise from stationary, emergency signaling devices that conform to the provisions of N.J.A.C. 7:29.
F. 
Noise from an exterior burglar alarm of any building or motor vehicle, provided that such burglar alarm shall terminate its operation within 15 minutes after it has been activated.
A. 
No person shall cause, suffer, allow or permit to be made verbally or mechanically any noise disturbance. Noncommercial public speaking and public assembly activities conducted on any public space or public right-of-way shall be exempt from the operation of this section.
B. 
No person shall cause, suffer, allow or permit the following acts:
(1) 
Animals and birds: owning, possessing or harboring any pet animal or pet bird 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.
(2) 
Construction and demolition. Operating or permitting the operation of any tools or equipment used in construction, drilling, earthmoving, excavating or demolition work between the hours of 6:00 p.m. and 7:00 a.m. the following day on weekdays or 6:00 p.m. through 8:00 a.m. on weekends or legal holidays, provided that such equipment is equipped with a functioning muffler except for:
[Amended 10-20-2004 by Ord. No. 31-2004]
(a) 
Emergency work.
(b) 
Work performed by variance issued pursuant to § 216-19.
(3) 
Loading and unloading: loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, liquids, garbage cans, refuse or similar objects, or the pneumatic or pumped loading or unloading of bulk materials in liquid, gaseous, powder or pellet form, or the compacting of refuse by persons engaged in the business of scavenging or garbage collection, whether private or municipal, between the hours of 6:00 p.m. and 7:00 a.m. the following day when the latter is a weekday and between the hours of 6:00 p.m. and 8:00 a.m. the following day when the latter is a legal holiday or a weekend day, except by permit, when the sound therefrom creates a noise disturbance across a residential real property line.
(4) 
Loudspeakers and public-address systems: using or operating of any loudspeaker, public-address system or similar device between the hours of 10:00 p.m. and 8:00 a.m. the following day, such that the sound therefrom creates a noise disturbance across a residential real property line.
(5) 
Sound reproduction systems: operating, playing or permitting the operation or playing of any radio, television, phonograph 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.
(6) 
Standing motor vehicles: operating or permitting the operation of any motor vehicle whose manufacturer's gross weight is in excess of 10,000 pounds, or any auxiliary equipment attached to such a vehicle, for a period of longer than five minutes in any hour while the vehicle is stationary, for reasons other than traffic congestion or emergency work, on a public right-of-way or public space within 150 feet (46 meters) of a residential area between the hours of 8:00 p.m. and 8:00 a.m. of the following day.
A. 
The provisions of this article shall not apply to the emission of sound:
(1) 
For the purpose of alerting persons to the existence of an emergency except as provided in § 216-16C(5) or (6).
(2) 
In the performance of emergency work.
(3) 
In situations within the jurisdiction of the Federal Occupational Safety and Health Act.
B. 
Noise from municipally sponsored or approved celebrations or events shall be exempt from the provisions of this article.
A. 
Application requirements.
(1) 
Any person who owns or operates any stationary noise source may apply to the Noise Control Administrator for a variance from one or more of the provisions of this article. Applications for a permit of variance shall supply information, including but not limited to:
(a) 
The nature and location of the noise source for which such application is made.
(b) 
The reason for which the permit of variance is requested, including the hardship that will result to the applicant, his/her client or the public if the permit of variance is not granted.
(c) 
The nature and intensity of noise that will occur during the period of the variance.
(d) 
The section or sections of this article for which the permit of variance shall apply.
(e) 
A description of interim noise control measures to be taken by the applicant to minimize noise and the impacts occurring therefrom.
(f) 
A specific schedule of the noise control measures which shall be taken to bring the source into compliance with this article within a reasonable time.
(2) 
Failure to supply the information required by the Noise Control Administrator shall be cause for rejection of the application.
(3) 
A copy of the permit of variance must be kept on file by the Municipal Clerk for public inspection.
B. 
The Noise Control Administrator may charge the applicant a fee as set forth in Chapter 210, Mercantile Businesses, Article II, Fees Schedule, to cover expenses resulting from the processing of the permit of variance application.
[Amended 12-28-1992 by Ord. No. 28-1992]
C. 
The Noise Control Administrator may, at his/her discretion, limit the duration of the permit of variance, which shall be no longer than one year. Any person holding a permit of variance and requesting an extension of time shall apply for a new permit of variance under the provisions of this section.
D. 
No variance shall be approved unless the applicant presents adequate proof that:
(1) 
Noise levels occurring during the period of the variance will not constitute a danger to public health; and
(2) 
Compliance with this article would impose an arbitrary or unreasonable hardship upon the applicant without equal or greater benefits to the public.
E. 
In making the determination on granting a variance, the Noise Control Administrator shall consider:
(1) 
The character and degree of injury to, or interference with, the health and welfare or the reasonable use of property which is caused or threatened to be caused.
(2) 
The social and economic value of the activity for which the variance is sought
(3) 
The ability of the applicant to apply the best practical noise control measures.
F. 
The permit of variance may be revoked by the Noise Control Administrator if the terms of the permit of variance are violated.
G. 
A variance may be revoked by the Noise Control Administrator if there is:
(1) 
Violation of one or more conditions of the variance;
(2) 
Material misrepresentation of fact in the variance application; or
(3) 
Material change in any of the circumstances relied upon by the Noise Control Administrator in granting the variance.
A. 
Except as provided in Subsection B, in lieu of issuing a summons as provided in § 216-20, the noise control officer may issue an order requiring abatement of any source of sound alleged to be in violation of this article within a reasonable time period and according to guidelines which the Noise Control Administrator may prescribe.
B. 
An abatement order shall not be issued if:
(1) 
Any person willfully or knowingly violates any provisions of this article.
(2) 
The noise control officer has reason to believe that there will not be compliance with the abatement order.
A. 
Any person who violates any provision of this article shall be subject to a penalty for each offense of a fine of not more than $1,000 or imprisonment for not more than 90 days, or both, except as provided in Subsection B.
[Amended 12-28-1992 by Ord. No. 28-1992]
B. 
Any person who willfully or knowingly violates any provision of this article shall be subject to a penalty for each offense of a sum of not less than $25 and not more than $1,000 or imprisonment for not more than 90 days, or both.
[Amended 12-28-1992 by Ord. No. 28-1992]
C. 
If the violation is of a continuing nature, each day during which it occurs shall constitute an additional, separate and distinct offense.
No provision of this article shall be construed to impair any common law or statutory cause of action, or legal remedy therefrom, of any person for injury or damage arising from any violation of this article or from other law.