Borough of Bay Head, NJ: Violations and penalties.

[Amended 4-3-1990 by Ord. No. 1990-2]

No person shall make, continue or cause to be made or continued any loud, unnecessary or unusual noise or any noise which does or is likely to annoy, disturb, injure or endanger the comfort, repose, health, peace or safety of others.

No person shall allow a person on premises or within a structure under his or her control, as an owner or lessee, to make, continue or cause to be made or continued any loud, unnecessary or unusual noise or any noise which does or is likely to annoy, disturb, injure or endanger the comfort, repose, health, peace or safety of others.

§ 163-2 Examples of noise.

Without intending to limit the generality of § 163-1, the following acts are hereby declared to be examples of loud, disturbing and unnecessary noise in violation of this chapter:

(1)

Radios; televisions; phonographs.

[Amended 4-3-1990 by Ord. No. 1990-2]

(a)

The playing, use or operation of any radio receiving set, television, musical instrument, phonograph or other machine or device for the producing or reproducing of sound in such a manner as to disturb the peace, quiet and comfort of neighboring inhabitants or with louder volume than is necessary for convenient hearing for persons who are in the room, vehicle or chamber in which the machine or device is operated and who are voluntary listeners; or

(b)

The operation of such a set, instrument, phonograph, machine or device so that it is clearly audible across real property boundaries or through partitions common to two parties within a building or clearly 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 boat.

(2)

Yelling; shouting. Yelling, shouting, hooting, whistling or singing on the public streets which annoys or disturbs the quiet, comfort or repose of persons in any office, dwelling, hotel or other type of residence or of any persons in the vicinity.

[Amended 4-3-1990 by Ord. No. 1990-2]

(3)

Animals; birds. The keeping of animals or birds which, by causing frequent or long continued noise, disturbs the comfort or repose of any person in the vicinity.

(4)

Horns. The sounding of a horn or warning device on an automobile, motorcycle, bus or other vehicle except when required by law or when necessary to give timely warning of the approach of the vehicle or as a warning of impending danger to persons driving other vehicles or to persons on the street. No person shall sound a horn or warning device on an automobile, motorcycle, bus or other vehicle which emits an unreasonably loud or harsh sound or for an unnecessary or unreasonable period of time.

(5)

Exhaust. The discharge into the open air of the exhaust of an engine, stationary internal combustion engine or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises.

(6)

Defect in vehicle or load. The use of an automobile, motorcycle or vehicle so out of repair or so loaded that it creates loud and unnecessary grating, grinding, rattling or other noise.

(7)

Construction, landscaping, or lawn-cutting activities.

[Amended 10-3-1995 by Ord. No. 1995-9; 6-3-1998 by Ord. No. 1998-6; 2-15-2005 by Ord. No. 2005-1; 12-2-2008 by Ord. No. 2008-17; 8-16-2010 by Ord. No. 2010-13; 9-17-2018 by Ord. No. 2018-14]

(a)

Property owners may allow the conducting of construction, landscaping, or lawn-cutting activities on their properties only between the hours of 8:00 a.m. and 6:00 p.m., Monday through Friday. Property owners may not permit any construction, landscaping, or lawn-cutting activities on their properties on Saturdays and Sundays, New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.

(b)

Property owners and tenants may personally conduct construction, landscaping, or lawn-cutting activities on property they own or lease without commercial assistance between the hours of 8:00 a.m. and 7:00 p.m. on Monday through Friday and between the hours of 9:00 a.m. and 7:00 p.m. on Saturday and Sunday.

(c)

In case of urgent necessity or in the interest of public health or safety, the Construction Official may grant a permit for construction activities for a period not to exceed three days for work to be carried on over a twenty-four-hour basis.

(d)

Construction, landscaping, or lawn-cutting activities within the meaning of this chapter includes any excavation, demolition, construction, repair, alteration, landscaping, or lawn-cutting work and work performed by plumbing, electrical, landscaping, carpentry, masonry, tile, pool installation and painting contractors. “Landscaping or lawn-cutting activities” shall include, but not be limited to, the use or operation of power lawnmowers, leaf blowers, and any noise-creating blower.

[Amended 12-6-2021 by Ord. No. 2021-17]

(8)

Schools; courts; churches; hospitals. The creation of excessive noise on a street adjacent to a school, institution of learning, church or court while in use or adjacent to a hospital which unreasonably interferes with the working of the institution or which disturbs or unduly annoys patients in the hospital, provided that conspicuous signs are displayed in such a street indicating that it is a school, hospital or court street.

(9)

Public use of sound-creating devices. The operation of any form of a sound-creating device, vocal or instrumental, human or mechanical or otherwise on the sidewalks, streets and highways or other public places of the borough, for or without profit, for the purpose of attracting the attention of the public to and the advertisement of any business, sport, exhibition, entertainment, spectacle, undertaking, happening, occasion and any other event or the operation in any building or on any premises or on any public street of the borough any radio device or mechanical musical instrument or device of any kind whereby the sound is cast directly or indirectly upon any public street or place and where such device is maintained and operated for advertising purposes or for the purpose of attracting the attention of the passing public or which is so placed and operated that the sounds coming therefrom can be heard to the annoyance or inconvenience of persons upon any street or public place or in neighboring premises, provided that the inhibition herein contained shall not be applicable to any parade for which a permit has been issued.

(10)

The sounding of a railroad horn or whistle between the hours of 7:00 p.m. and 7:00 a.m. at any railroad grade crossing where there are crossing gates.

[Added 5-4-2004 by Ord. No. 2004-6]

The above enumeration is intended to give typical illustrations of prohibited noise and shall not be construed as exclusive.

§ 163-3 Exceptions.

Nothing herein contained shall be construed to apply to:

The reasonable use of bells, chimes or sound amplifiers by churches engaged in church activities, subject to the permission of the Mayor and Council.

Activities of municipal departments in the performance of their duties, drills or public demonstrations.

Activities in public parks, playgrounds or public buildings under permission or authority of municipal officials.

The playing by a band or orchestra in a hall or building or in the open air, where duly authorized.

§ 163-4 Violations and penalties.

[Amended 7-5-1995 by Ord. No. 1995-7; 11-19-1996 by Ord. No. 1996-5]

Unless otherwise specified herein, for a violation of any provision of this chapter, the maximum penalty, upon conviction thereof, shall be a fine not exceeding $2,000 or imprisonment for up to 90 days or a period of community service not exceeding 90 days, or any combination thereof. Except as otherwise provided, each and every day in which a violation of any provision of this chapter exists, shall constitute a separate violation.

[Amended 12-6-2021 by Ord. No. 2021-17]

All fines and penalties under this chapter may be paid directly to the Municipal Court Administrator unless otherwise indicated by the officer issuing the summons.