[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.]
[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.
[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:
Any facility or property used for the purchase or utilization of
goods, services or land or its facilities, including but not limited to:
Sound that is measured by slow response of setting of sound-level
meter.
The measured sound level expressed in dB when using the A-weighted
network of a sound-level meter.
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 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.
The number of oscillations per second expressed in hertz (abbreviation
"Hz.").
International Electronic Commission.
Either a single pressure peak or a single burst (multiple pressure
peaks) for a duration of less than one second.
The maximum instantaneous sound-pressure level measured by an impulse
sound-level meter meeting IEC publication 179 or the latest revision thereof.
Any facility or property used for the following:
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.
Property used for the production and fabrication of durable or nondurable
man-made goods.
Activities carried out on the property.
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.
Any individual, public or private corporation, political subdivision,
governmental agency, department or bureau of the state, municipality, industry,
copartnership or association.
Public events which have received the prior approval by resolution
of the Mayor and Council of the Borough of Barnegat Light.
Property used for human habitation, including but not limited to
the following:
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.
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.
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:
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:
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.
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.
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.
