[HISTORY: Adopted by the North Wildwood City Council 12-4-1984 by Ord. No. 875. Amendments noted where applicable.]
[Amended 11-6-2024 by Ord. No. 1948]
A. 
All terminology used in this chapter, not defined below, shall be in conformance with the applicable publications of the American National Standards Institute (ANSI) or its successor body.
B. 
As used in this chapter, the following terms shall have the meanings indicated:
AMPLIFIED SOUND
Any sound (i.e., voice, music, or other noise) created, enhanced, or amplified through the use of equipment, including, but not limited to, speakers, amplifiers, sound systems, stereos, and bullhorns.
A-WEIGHTED SOUND LEVEL
The sound pressure level in decibels as measured on a sound level meter using the A-weighting network. The level so read is designated "dB(A)" or "dBa."
CONSTRUCTION
Any site preparation, assembly, erection, substantial repair, alteration or similar action, but excluding demolition, for or of public or private rights-of-way, structures, utilities or similar property.
DAY-NIGHT AVERAGE SOUND LEVEL (one dn)
The twenty-four-hour energy average of the A-weighted sound pressure level, with the levels during the period of 10:00 p.m. to 7:00 a.m. the following day increased by 10 dBa's before averaging.
DECIBEL (dB)
A unit for measuring the volume of a sound, equal to 20 times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micropascals (20 micronewtons per square meter).
DEMOLITION
Any dismantling, intentional destruction or removal of structures, utilities, public or private right-of-way surfaces or similar property.
EMERGENCY
Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage which demands immediate action.
EMERGENCY WORK
Any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency.
EQUIVALENT A-WEIGHTED SOUND LEVEL (L eq)
The constant sound level that, in a given situation and time period, conveys the same sound energy as the actual time-varying A-weighted sound. For the purposes of this chapter, a time period of 24 hours shall be used, unless otherwise specified.
GROSS VEHICLE WEIGHT RATING (GVWR)
The value 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.
IMPULSIVE SOUND
Sound of short duration, usually less than one second, with an abrupt onset and rapid decay. Examples of sources of impulsive sound include explosions, drop forge impacts and the discharge of firearms.
MOTORBOAT
Any vessel which operates on water and which is propelled by a motor, including but not limited to boats, barges, amphibious crafts, water-ski towing devices and hover craft.
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. 92-574), as amended, pertaining to motor carriers engaged in interstate commerce.
MOTORCYCLE
As defined in the Motor Vehicle Code of the State of New Jersey.
MOTOR VEHICLE
As defined in the Motor Vehicle Code of the state.
MUFFLER or SOUND DISSIPATIVE DEVICE
A device for abating the sound of escaping gases of an internal-combustion engine.
NOISE
Any sound which annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans.
NOISE DISTURBANCE
Any sound which endangers or injures the safety or health of humans or animals or annoys or disturbs a reasonable person of normal sensitivities or endangers or injures personal or real property.
NOISE-SENSITIVE ZONE
Any area designated for the purpose of ensuring exceptional quiet.
PUBLIC RIGHT-OF-WAY
Any street, avenue, boulevard, highway, sidewalk or alley or similar place which is owned or controlled by a governmental entity.
PUBLIC SPACE
Any real property or structures thereon which are owned or controlled by a governmental entity.
REAL PROPERTY BOUNDARY
Any imaginary line along the ground surface, and its vertical extension, which separates the real property owned by one person from that owned by another person, but not including intrabuilding real property divisions.
RMS SOUND PRESSURE
The square root of the time averaged square of the sound pressure, denoted P rms.
SOUND
An oscillation in pressure, particle displacement, particle velocity or other physical parameter, in a medium with internal forces, that causes compression and rarefaction of that medium. The description of sound may include any characteristic of such sound, including duration, intensity and frequency.
SOUND LEVEL
The weighted sound pressure level obtained by the use of a sound level meter and frequency weighting network, such as A, B or C as specified in American National Standards Institute specifications of sound level meters. If the frequency weighting employed is not indicated, the A-weighting shall apply.
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 and meets ANSI S-1.4.
SOUND PRESSURE
The instantaneous difference between the actual pressure and the average or barometric pressure at a given point in space, as produced by sound energy.
SOUND PRESSURE LEVEL
Twenty times the logarithm to the base 10 of the ratio of the RMS sound pressure to the reference pressure of 20 micropascals (20 times 10-6 newtons per square meter). The sound pressure level is denoted L p or SPL and is expressed in decibels.
VIBRATION
An oscillatory motion of solid bodies of deterministic or random nature described by displacement, velocity or acceleration with respect to a given reference point.
No person shall unreasonably make, continue or cause to be made or continued any noise disturbance. Noncommercial public speaking and public assembly activities conducted on any public space or public right-of-way shall be exempted from the operation of this section. The following acts, and the causing thereof, are declared to be in violation of this chapter:
A. 
Radios, television sets, musical instruments and similar devices.
[Amended 4-16-2019 by Ord. No. 1780]
(1) 
Operating, playing or permitting the operation or playing of any radio, television, phonograph, drum, musical instrument, sound amplifier or similar device which produces, reproduces or amplifies sound, between the hours of 10:00 p.m. and 8:00 a.m. the following day, in such a manner as to create a noise disturbance across a real property boundary.
(2) 
Using or operating for any noncommercial purpose 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 boundary.
B. 
Street sales. Offering for sale or selling anything by shouting or outcry within any area of the City except between the hours of 9:00 a.m. and 6:00 p.m.[1]
[1]
Editor's Note: See Ch. 330, Peddling and Soliciting.
C. 
Animals and birds. Owning, possessing or harboring any animal or bird which frequently or for continued duration howls, barks, meows, squawks or makes other sounds which create a noise disturbance across a residential real property boundary.[2]
[2]
Editor's Note: See Ch. 126, Animals.
D. 
Loading and unloading. Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans or similar objects, between the hours of 10:00 p.m. and 7:00 a.m. the following day, in such a manner as to cause a noise disturbance across a residential real property boundary.
E. 
Construction. Operating or permitting the operation of any tools or equipment used in construction, drilling or demolition work, between the hours of 6:00 p.m. and 8:00 a.m. the following day on Monday through Saturday or at any time on Sundays, such that the sound therefrom creates a noise disturbance across a residential real property boundary or within a noise-sensitive zone, except for emergency work of public service utilities or by special permit. This subsection shall not apply to the use of domestic power tools subject to Subsection M nor shall this subsection apply to construction, drilling or demolition work being performed by the City of North Wildwood or its contractors.
[Amended 6-20-2006 by Ord. No. 1500[3]]
[3]
Editor's Note: This ordinance originally provided for the amendment of § 302-2E; Ord. No. 1502, adopted 8-15-2006, corrected this error to provide for the amendment of § 308-2E.
F. 
Vehicle or motorboat repairs and testing. Repairing, rebuilding, modifying or testing any motor vehicle, motorcycle or motorboat in such a manner as to cause a noise disturbance across a residential real property boundary.
G. 
Powered model vehicles. Operating or permitting the operation of powered model vehicles so as to create a noise disturbance across a residential real property boundary, in a public space or within a noise-sensitive zone, between the hours of 8:00 p.m. and 8:00 a.m. the following day. Maximum sound levels for residential property, during the permitted period of operation, shall be governed by § 308-4.
H. 
Vibration. Operating or permitting the operation of any device that creates vibration which is above the vibration perception threshold of an individual at or beyond the property boundary of the source if on private property or at 50 feet from the source if on a public space or public right-of-way. For the purposes of this subsection, "vibration perception threshold" means the minimum ground- or structure-borne vibrational motion necessary to cause a municipal investigator to be aware of the vibration by such direct means as, but not limited to, sensation by touch or visual observation of moving objects.
I. 
Stationary nonemergency signaling devices.
(1) 
Sounding or permitting the sounding of any electronically amplified signal from any stationary bell, chime, siren, whistle or similar device, intended primarily for nonemergency purposes, from any place, for more than three minutes in any hourly period.
(2) 
Devices used in conjunction with places of religious worship shall be exempt from the operation of this provision.
J. 
Emergency signaling devices.
(1) 
The intentional sounding or permitting the sounding outdoors of any fire, burglar or civil defense alarm, siren, whistle or similar stationary emergency signaling device, except for emergency purposes or for testing, as provided in Subsection J(2).
(2) 
Testing.
(a) 
Testing of a stationary emergency signaling device shall occur at the same time of day each time such a test is performed, but not before 8:00 a.m. or after 8:00 p.m. Any such testing shall use only the minimum cycle test time. In no case shall such test time exceed 10 seconds.
(b) 
Testing of the complete emergency signaling system, including the functioning of the signaling device and the personnel response to the signaling device, shall not occur more than once in each calendar month. Such testing shall not occur before 8:00 a.m. or after 8:00 p.m. The time limit specified in Subsection J(2)(a) shall not apply to such complete system testing.
(3) 
Sounding or permitting the sounding of any exterior burglar or fire alarm or any motor vehicle burglar alarm unless such alarm is automatically terminated within 15 minutes of activation. This subsection shall not be interpreted to apply to emergency, fire, rescue or police alarms.
K. 
Motorboats. Operating or permitting the operation of any motorboat in any lake, river, stream or other waterway in such a manner as to exceed a sound level of 86 dBa's at 50 feet (15 meters) or the nearest shoreline, whichever distance is less. The 86 dBa's shall be reduced to 84 dBa's for engines manufactured after January 1, 1976, and 82 dBa's for engines manufactured after January 1, 1978.
L. 
Tampering. The following acts or the causing thereof are prohibited:
(1) 
The removal or rendering inoperative by any person, other than for purposes of maintenance, repair or replacement, of any noise control device or element of design or noise label of any product.
(2) 
The intentional removing or rendering inaccurate or inoperative of any sound monitoring instrument or device positioned by or for the City of North Wildwood, provided that such device or the immediate area is clearly labeled, to warn of the potential illegality.
(3) 
The use of a product which has had a noise control device or element of design or noise label removed or rendered inoperative, with knowledge that such action occurred.
M. 
Domestic power tools. Operating or permitting the operation of any mechanically powered saw, drill, sander, grinder, lawn or garden tool, snowblower or similar device used outdoors in residential areas, between the hours of 10:00 p.m. and 8:00 a.m. the following day, so as to cause a noise disturbance across a residential real property boundary.
N. 
Licensed premises. As used in this subsection, "licensed premises" shall have the same definition as that which is found for "licensed premises" in N.J.S.A. 33:1-1.
[Added 6-6-2012 by Ord. No. 1610]
(1) 
Musical entertainment from 11:00 p.m. to 11:00 a.m. All musical entertainment and visual media that produces sound, whether live or recorded, in the outdoor areas of any property upon which are situate licensed premises shall be prohibited between the hours of 11:00 p.m. and 11:00 a.m. the following day. It shall be considered a violation of this subsection if, between the hours of 11:00 p.m. and 11:00 a.m. the following day, musical entertainment or visual media that produces sound, whether live or recorded, which is generated in the interior areas of a structure can be heard in the outdoor areas of the property upon which that structure is located.
(2) 
10:00 p.m. to 11:00 p.m. All amplified musical entertainment or visual media that produces sound, whether live or recorded, in the outdoor areas of any property upon which are situate licensed premises shall be prohibited between the hours of 10:00 p.m. and 11:00 p.m.; however acoustical music in such outdoor areas is permitted between the hours of 10:00 p.m. and 11:00 p.m. The provisions of this subsection shall not be in effect on Fridays, Saturdays, legal holidays and the days immediately prior to legal holidays; during these times the provisions of Subsection N(1) shall be in effect.
[Amended 12-1-2020 by Ord. No. 1821]
(3) 
Notwithstanding the foregoing provisions applicable to licensed premises, the owner of any licensed premises that are located in either the P Pier or SPRA Seaport Pier Redevelopment Area Zoning Districts may make application to conduct, or allow to be conducted, in the outdoor areas of the property upon which are situated the licensed premises, an event to occur between May 1 and September 30 that involves musical entertainment or the utilization of visual media that produces sound, whether live or recorded, the end time of which is past the hour of 11:00 p.m. The application for such an event shall be made to the City Clerk upon forms provided by the City Clerk which have been approved by duly adopted resolution of City Council. There shall be no application fee. No application shall be made less than 21 days prior to the scheduled date of the event for which the application is made. Upon receipt of a complete application, the City Clerk shall transmit copies of the application to the City Council and to the Mayor. Upon consultation with the Chief of Police, the Fire Department Chief and such other department heads as the Mayor deems appropriate, the Mayor shall provide City Council with such comments and advice, if any, concerning the event as the Mayor deems necessary and appropriate. Upon consideration of the Mayor's comments, if any, City Council, by resolution, shall either approve or deny the event application. No such approved event shall have a scheduled end time later than 12:00 midnight. The resolution approving the event may include such conditions of approval as City Council deems appropriate and necessary for the protection of the health, safety and welfare of the general public.
[Added 4-16-2019 by Ord. No. 1780[4]]
[4]
Editor's Note: This ordinance also redesignated former § 308-2N(3) as § 308-2N(4).
(4) 
Nothing in this subsection shall be interpreted as impairing the prohibition that is found in this chapter against the making, continuing or causing to made or continued any noise disturbance as that term is defined in § 308-1. To the extent that an alcoholic beverage license has a special condition that conflicts with the provisions of this subsection, the provisions of this subsection shall control.
A. 
Emergency exception. The provisions of this chapter shall not apply to:
(1) 
The emission of sound for the purpose of alerting persons to the existence of an emergency; or
(2) 
The emission of a sound in the performance of emergency work.
B. 
Special permits.
(1) 
The Chief of Police of the City of North Wildwood, with the advice and consent of the Construction Official of the City of North Wildwood, shall have the authority, consistent with this section, to grant special permits which may be requested pursuant to § 308-2E.
(2) 
Any person seeking a special permit pursuant to this section shall file an application with the Chief of Police of the City of North Wildwood. The application shall contain information which demonstrates that bringing the source of sound or activity for which this special permit is sought into compliance with this chapter would constitute an unreasonable hardship on the applicant and the community.
C. 
Variances for time to comply.
(1) 
Within 10 days following the effective date of this chapter, the owner of any commercial or industrial source of sound may apply to the Chief of Police of the City of North Wildwood for a variance in time to comply with § 308-4. The Chief of Police shall have the authority, consistent with this section, to grant a variance, not to exceed 30 days from the effective date of this chapter.
(2) 
Any person seeking a variance in time to comply shall file an application with the Chief of Police of the City of North Wildwood. The application shall contain information which demonstrates that bringing the source of sound or activity for which the variance is sought into compliance with this chapter prior to the date requested in the application would constitute an unreasonable hardship on the applicant or the community or on other persons. Any individual who claims to be adversely affected by allowance of the variance in time to comply may file a statement with the Chief of Police of North Wildwood containing any information to support his claim. If the Chief of Police finds that a sufficient controversy exists regarding an application, a public hearing may be held.
D. 
Appeals. Appeals of an adverse decision of the Chief of Police of the City of North Wildwood shall be made to the appropriate court of law. Review of the court shall be de novo.
A. 
Maximum permissible sound levels by receiving land use. No person shall operate or cause to be operated on private property any source of sound in such a manner as to create a sound level which exceeds the limits set forth for the receiving land use category in Table 1, when measured at or within the property boundary of the receiving land use:
Table 1
Sound Levels by Receiving Land Use
Receiving Land Use Category
Time
Sound Level Limit
(dBa's)
All zones
8:00 a.m. to 10:00 p.m.
65
10:00 p.m. to 8:00 a.m.
50
B. 
Motor vehicle sound limits.
Table 2
Motor Vehicle and Motorcycle Sound Limits
(measured at 50 feet or 15 meters)
Sound Level dBa's
Vehicles Class
Speed Limit
35 mph or less
Speed Limit
Over 35 mph
Stationary Run-Up
Motor carrier vehicle engaged in interstate commerce or 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
--
A. 
No person shall operate or cause to be operated any motor vehicle or motorcycle not equipped with a muffler or sound dissipative device in good working order and in constant operation.
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 sound dissipative device on a motor vehicle or motorcycle.
The sounding of any horn or other auditory signaling device on or in any motor vehicle or motorcycle on any public right-of-way or public space, except as a warning of danger as provided in the Motor Vehicle Code of the State of New Jersey, shall be declared to be in violation of this chapter.
[Amended 11-4-1998 by Ord. No. 1313]
A. 
No person shall operate or permit the operation of any compacting mechanism of any motor vehicle which compacts refuse and which creates, during the compacting cycle, a sound in excess of 86 dBa's when measuring it 50 feet or 15 meters, whichever is lesser, from any point on the vehicle.
B. 
No person, other than the City or its trash and refuse contractor, shall:
(1) 
Operate or permit the operation of a compacting mechanism of any motor vehicle which compacts refuse between the hours of 8:00 p.m. and 7:00 a.m. the following day.
(2) 
Collect refuse with a refuse collection vehicle between the hours of 8:00 p.m. and 7:00 a.m. the following day.
No person shall operate or permit the operation of any motor vehicle with a gross vehicle weight rating (GVWR) in excess of 10,000 pounds or any auxiliary equipment attached to such vehicle for a period longer then 10 minutes in any hour while the vehicle is stationary for reasons other than traffic congestion on a public right-of-way or public space.
A. 
In lieu of issuing a notice of violation as provided for in Subsection B, the Police Department of the City of North Wildwood may issue an order requiring abatement of any source of sound or vibration alleged to be in violation of this chapter within a reasonable time period.
B. 
Notice of violation. Violation of any provision of this chapter shall be cause for a summons or complaint to be issued by the Police Department of the City of North Wildwood.
A. 
The Police Department shall order an immediate halt to any sound which exposes any person, except those excluded pursuant to Subsection B, to continuous sound levels in excess of those shown in Table 4 or to impulsive sound levels in excess of those shown in Table 5.
B. 
No order pursuant to Subsection A shall be issued if the only persons exposed to sound levels in excess of those listed in Tables 4 and 5 are exposed as a result of trespass, invitation upon private property by the person causing or permitting the sound or employment by the person or a contractor of the person causing or permitting the sound.
C. 
Any person subject to an order issued pursuant to Subsection A shall comply with such order until the sound is brought into compliance with the order.
D. 
Any person who violates an order issued pursuant to this section shall, for each day of violation, be punishable by a fine of not more than $2,000, imprisonment for not more than 90 days, or community service for not more than 90 days, or any combination thereof.
[Amended 5-21-2002 by Ord. No. 1411; 12-3-2002 by Ord. No. 1428; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
E. 
Continuous sound levels.
Table 4
Continuous Sound Levels which Pose an
Immediate Threat to Health and Welfare
(measured at 50 feet or 15 meters)1
Sound Level Limit
(dBa's)
Duration
90
24 hours
93
12 hours
96
6 hours
99
3 hours
102
1.5 hours
105
45 minutes
108
22 minutes
NOTES:
1 Use equal energy time-intensity trade-off if level varies; find energy equivalent over 24 hours.
F. 
Impulsive sound levels.
Table 5
Impulsive Sound Levels which Pose an
Immediate Threat to Health and Welfare
(measured at 50 feet or 15 meters)1
Sound Level Limit
(dB's)
Number of Repetitions per Twenty-Four-Hour Period
145
1
135
10
125
100
NOTES:
1 Use equal energy time-intensity trade-off if level varies; find energy equivalent over 24 hours.
No provision of this chapter 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 chapter or from other law.
A. 
Any person who violates any provision of this chapter shall, upon conviction thereof, be punishable by a fine not to exceed $2,000, imprisonment for not more than 90 days, or community service for not more than 90 days, or any combination thereof.
[Amended 3-20-1991 by Ord. No. 1054; 5-21-2002 by Ord. No. 1411; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
Each day of violation of any provision of this chapter shall constitute a separate offense.