Borough of Barnegat Light, NJ
Ocean County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Barnegat Light: Art. I, 6-10-1974 by Ord. No. 74-4 as Sec. 3-10.6 of the Revised General Ordinances; Art. II, 8-13-1982 by Ord. No. 82-4 (Sec. 3-19 of the Revised General Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Curfew — See Ch. 79.
Peace and good order — See Ch. 131.
Zoning — See Ch. 215.
[Adopted 6-10-1974 by Ord. No. 74-4 as Sec. 3-10.6 of the Revised General Ordinances]
It is unlawful to revel, sport or behave in a noisy or boisterous manner, emitting loud cries and other noises so as to inconvenience others or otherwise disrupt and disturb the public peace and dignity.
A violation of this article shall be punishable as provided in Chapter 1, General Provisions, § 1-15.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Adopted 8-13-1982 by Ord. No. 82-4 (Sec. 3-19 of the Revised General Ordinances)]
A. 
It is hereby found and declared that the making, creation or maintenance of excessive, unnecessary, unnatural or unusually loud noises constitutes a detriment to public health, comfort, safety and welfare of the residents of the Borough of Barnegat Light.
B. 
The necessity in the public interest for the provisions, regulations and prohibitions contained in this article is declared as a matter of legislative determination and public policy, and it is further declared that the provisions, regulations and prohibitions hereinafter contained are in pursuance of and for the purpose of securing and promoting the public health, safety and welfare and the peace and quiet of the borough and its inhabitants.
As used in this article, the following terms shall have the meanings indicated:
COMMERCIAL OPERATION
Any facility or property used for the purchase or utilization of goods, services or land or its facilities, including but not limited to:
A. 
Banks and office buildings.
B. 
Commercial dining establishments.
C. 
Community services.
D. 
Noncommercial vehicle operations.
E. 
Other commercial services.
F. 
Public services.
G. 
Recreation and entertainment.
H. 
Retail services.
I. 
Wholesale services.
J. 
Sale or serving of alcoholic beverages.
CONTINUOUS AIRBORNE SOUND
Sound that is measured by slow response of setting of sound-level meter.
dBA
The measured sound level expressed in dB when using the A-weighted network of a sound-level meter.
DECIBEL
A unit for measuring the volume of a sound equal to the logarithm of the ratio of the sound pressure of the sound to the sound pressure of the standard (0.0002 microbars), abbreviated "dB."
EMERGENCY ENERGY RELEASE DEVICE
Emergency safety devices expressly used to release excess energy which do not have regularly scheduled operation. Process control devices are not to be considered emergency devices.
FREQUENCY
The number of oscillations per second expressed in hertz (abbreviation "Hz.").
IEC
International Electronic Commission.
IMPULSIVE SOUND
Either a single pressure peak or a single burst (multiple pressure peaks) for a duration of less than one second.
IMPULSIVE SOUND LEVEL
The maximum instantaneous sound-pressure level measured by an impulse sound-level meter meeting IEC publication 179 or the latest revision thereof.
INDUSTRIAL OPERATION
Any facility or property used for the following:
A. 
Storage, warehouse or distribution, provided that said operation shall not be construed to be an industrial operation when it is part of a commercial motor vehicle operation as defined herein.
B. 
Property used for the production and fabrication of durable or nondurable man-made goods.
C. 
Activities carried out on the property.
OCTAVE BAND SOUND-PRESSURE LEVEL
Sound-pressure level measured in standard octave bands with sound-level meter and octave band analyzer that meet ANSI S1.4 and S1.11 or the latest revision thereof.
PERSON
Any individual, public or private corporation, political subdivision, governmental agency, department or bureau of the state, municipality, industry, copartnership or association.
PUBLIC CELEBRATIONS
Public events which have received the prior approval by resolution of the Mayor and Council of the Borough of Barnegat Light.
RESIDENTIAL PROPERTY
Property used for human habitation, including but not limited to the following:
A. 
Commercial living accommodations and commercial property used for human habitation.
B. 
Recreational and entertainment property used for human habitation.
C. 
Community service property used for human habitation.
SOUND LEVEL
The measured level of a sound, expressed in dB re 0.0002 microbar, obtained using a sound-level meter. Sound levels include all factors inherent in measuring with the sound-level meter, including microphone frequency response, amplifier characteristics, meter damping, observer effects and weighting networks.
SOUND-PRESSURE LEVEL
The sound-pressure level, in decibels, of a sound is 20 times the logarithm to the base 10 of the ratio of the pressure of the sound to the reference sound pressure. Sound-pressure level is measured with a sound-level meter meeting ANSI S1.4 or the latest revision thereof.
STATIONARY EMERGENCY SIGNALING DEVICE
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.
No person shall cause to be made or permit to be made, directly or indirectly, by any means whatsoever, any sound that exceeds the following measurements on the A-weighed scale of the sound-level meter when measured at any point on the complainant's property or borough-owned or publicly-owned property, including streets, alleyways, thoroughfares, easements or any other property which may be designated or dedicated for public use:
A. 
Sixty-five decibels (dBA) between the hours of 7:00 a.m. and 10:00 p.m.
B. 
Fifty decibels (dBA) between the hours of 10:00 p.m. and 7:00 a.m.
No person shall cause, suffer or allow or permit sound from any industrial or commercial operation which when measured at any residential property line is in excess of the following:
A. 
From 7:00 a.m. to 10:00 p.m.: continuous airborne sound which has sound level in excess of 65 dBA.
B. 
From 10:00 p.m. to 7:00 a.m.: continuous airborne sound which has a sound level in excess of 50 dBA.
The operation performance standards established in this article shall not apply to any of the following noise sources:
A. 
Bells, chimes or carillons while being used in conjunction with religious services.
B. 
Commercial motor vehicle operations.
C. 
Emergency energy release devices.
D. 
Emergency work to provide electricity, water or other public utilities when public health or safety is involved.
E. 
National Warning System (NAWAS). Systems used to warn the community of attack or imminent public danger, such as flooding or explosion. These systems are controlled by the New Jersey Civil Defense and Disaster Control Agency.
F. 
Noise of aircraft flight operations.
G. 
Public celebrations.
H. 
Public roadways.
I. 
Use of explosive devices. These are regulated by the New Jersey Department of Labor and Industry under the 1960 Explosives Act (N.J.S.A. 21:1A-128 et seq.).[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
J. 
Construction or repairing of buildings. The erection (including excavating), demolition, alteration or repair of any building.
For the purposes of measuring sound in accordance with the applicable provisions of these regulations, test equipment methods and procedures shall conform to the standards as published by the Department of Environmental Protection or their approved equivalent as approved by the Mayor and Council of the Borough of Barnegat Light and further as approved and authorized by the manufacturer's representative representing the maker and manufacturer of the equipment being utilized in the conduct of the test procedures.
As an additional remedy, the maintenance or operation of any device, instrument, vehicle or machinery in violation of any provisions hereof which causes discomfort or annoyance for reasonable persons of normal sensitiveness or which endangers the comfort, repose, health or peace of residents in the area shall be deemed and is declared to be a public nuisance and may be subject to abatement summarily by restraining order or injunction issued by a court of competent jurisdiction.
A violation of this article shall be punishable as provided in Chapter 1, General Provisions, § 1-15.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Where any violation of the provisions of this article shall occur, the owner of the commercial establishment, if the owner shall be an individual, may be charged, as well as any manager or person actually on the premises in charge of the commercial operation therein conducted. If the owner of the commercial operation shall be a corporation, the officers of the corporation, as well as any manager on the site of the commercial operation, shall be charged with the conduct thereof. Each incident of violation of the terms and provisions of this article following a cease and desist order issued by any officer of the law or any administrative official of the Borough of Barnegat Light shall be deemed to be a separate violation. The cease and desist order may be written or verbal.