[HISTORY: Adopted by the Board of Commissioners
(now Mayor and Council) of the Borough of Bradley Beach 6-26-1956; amended in its entirety 2-22-1983 (Sec. 4-2 of the 1974 Code). Subsequent
amendments noted where applicable.]
It shall be unlawful for any person to permit,
make or continue or cause to be permitted, made or continued any unnecessary
noise which shall disturb the comfort, rest and repose of any person
being in his own place of abode or at any public or private meetings
or at houses of worship. It shall also be unlawful to make or cause
or permit to be made or caused upon any premises owned, occupied or
controlled by him, in any public place or upon any public street,
alley or thoroughfare in the Borough any unnecessary noises or sounds
by means of the human voice or by any other means or methods which
are physically annoying to persons or which are so harsh, prolonged,
unnatural, or unusual in their use, time and place as to occasion
physical discomfort or which are injurious to the lives, health, peace
and comfort of any inhabitant of the Borough.
Terminology used in this chapter shall be in
conformance with applicable publications of the American National
Standards Institute (ANSI) or its successor body, unless specifically
defined in this section. These shall include the following meanings:
The sound-pressure level of the all-encompassing noise associated
with a given environment being usually a composite of sounds from
many sources and/or the A-weighted sound-pressure level exceeded 90%
of the time/L90 based on a one-hour period.
The sound-pressure level as measured in decibels on a sound-level
meter using the A-weighting network. The level so read shall be designated
dB(A) or dBA.
To erect (including excavation), repair, alter or demolish
any buildings, structures, streets, alleys or appurtenances thereto.
[Added 7-12-2023 by Ord. No. 2023-9]
A steady, fluctuating, or impact noise which exists, essentially
without interruptions, for a period of one hour, or more.
A steady, fluctuating, or impulsive noise which may or may
not contain a pure tone, which varies in sound-pressure level such
that the same level is obtained repetitively at reasonably uniform
intervals of time.
A logarithmic (dimensionless) unit of measure often used
in describing the amplitude of sound. Decibel is denoted as "dB."
The Police Department of the Borough of Bradley Beach.
Any mechanism which is intended to produce or which actually
produces noise when operated or handled.
A motor vehicle used in response to a public calamity or
to protect persons or property from imminent danger.
Work made necessary to restore property to a safe condition
following a public calamity, work to restore public utilities, or
work required to protect persons or property from an imminent exposure
to danger.
The sound-pressure level of a fluctuating noise varies more
than six dB(A) during the period of observation when measured with
the slow meter characteristic of a sound-level meter, and does not
equal the previously existing ambient noise level more than once during
the period of observation.
Any day or date listed in the federal holiday schedule..
[Amended 7-12-2023 by Ord. No. 2023-9]
Any vehicles which are propelled or drawn by mechanical equipment,
such as, but not limited to, passenger cars, trucks, truck trailers,
semitrailers, campers, motorcycles, minibikes, go-carts, snowmobiles,
amphibious craft on land, dune buggies, or racing vehicles, and as
otherwise defined in N.J.S.A. 39:1-1 et seq.
Any vehicles which are primarily operated on water or which
does operate on water, such as boats, barges, amphibious craft or
hover craft, and which is at any time propelled by mechanical power.
Any apparatus consisting of baffles, chambers, or acoustical-absorbing
materials whose primary purpose is to transmit liquids or gases while
causing a reduction in sound emission at one end.
Any sound which is unwanted or which causes or tends to cause
an adverse psychological effect on human beings.
Any sound which annoys, disturbs, or perturbs reasonable
persons with normal sensitivities; or any sound which injures or endangers
the comfort, repose, health, hearing, peace or safety of other persons.
Any individual, association, partnership, or corporation,
and includes any officer, employee, department, agency or instrumentality
of the United States, a state or any political subdivision of that
state.
Any noise for which the information content of that noise
is unambiguously communicated to the listener, such as, but not limited
to, understandable spoken speech or comprehensible musical rhythms.
Any powered vehicles, either airborne, waterborne, or landborne,
which are designed not to carry persons or property such as, but not
limited to, model airplanes, boats, cars, rockets, and which can be
propelled by mechanical means.
An imaginary line at the ground surface, which separates
the real property owned by one person from that owned by another person,
and its vertical extension.
Any street, avenue, boulevard, highway, alley, or public
space which is owned or controlled by a public government entity.
Any noise which can be distinctly heard as a single pitch
or a set of single pitches. For the purposes of measurement, a pure
tone shall exist if the one-third octave band sound-pressure level
in the band with the tone exceeds the arithmetic average of the sound-pressure
levels of the two contiguous one-third octave bands by five dB for
frequencies of 500 Hz and above, by eight dB for frequencies between
160 and 400 Hz and by 15 dB for frequencies less than or equal to
125 Hz.
Any noise which is composed of impulsive noises that are
repeated at sufficiently slow rates such that a sound-level meter
set at "fast" meter characteristic will show changes in sound-pressure
level greater than two dB(A).
A temporal and spatial oscillation in pressure, or other
physical quantity, in a medium with internal forces that causes compression
and rarefaction of that medium, and which propagates at finite speed
to distant points.
An instrument, which includes a microphone, amplifier, RMS
detector, integrator or time averager, output meter and weighting
networks used to measure sound-pressure levels.
The instantaneous difference between the actual pressure
and the average or barometric pressure at a given point in space.
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.
Any device, fixed or movable, which is located or used on
geographically defined, real property other than a public right-of-way.
A sound-pressure level which remains essentially constant
during the period of observation, i.e., the fluctuations are too small
to meet the criterion for fluctuating noise.
Any Monday, Tuesday, Wednesday, Thursday, or Friday which
is not a holiday.
[Amended 7-12-2023 by Ord. No. 2023-9]
Any Saturday or Sunday.
[Amended 7-12-2023 by Ord. No. 2023-9]
Without intending to limit the generality of § 310-2, the following acts are hereby declared to be examples of loud, disturbing and unnecessary noise, which constitute continuous noise and/or noise disturbance in violation of this chapter, and it shall be unlawful for any person at any time other than as specifically excluded hereafter:
A.Â
Radios, television sets, musical instruments, and similar devices.
To play, use, operate or permit to be played, used or operated any
radio receiving set, musical instrument, phonograph, television or
other device for the production or reproduction of sound in such manner
as to cause a noise disturbance, or in such a manner as to disturb
the peace, quiet and comfort of neighboring inhabitants. This includes
operating any such device between the hours of 10:00 p.m. and 8:00
a.m. the following day in such a manner as to be plainly audible across
real property boundaries, or through partitions common to two parties
within a building, or plainly 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 motorboat.
B.Â
Advertising exterior loudspeakers, amplifiers, musical instruments,
or other devices. Using or operating any mechanical, musical, or radio
device or loudspeaker for the purpose of attracting the passing public,
in a fixed or movable position exterior to any building or mounted
upon any aircraft, motor vehicle or motorboat, such that the sound
therefrom is plainly audible at, or beyond, the property boundary
of the source or on a public way between the hours of 8:00 p.m. and
8:00 a.m. the following day.
C.Â
Horns and signaling devices. To sound any horn or warning device
on any automobile, motorcycle, bus or other vehicle, except when required
by law or when necessary to give timely warning of the approach of
the vehicle, as a warning of impending danger to persons driving other
vehicles or to persons upon any public right-of-way. No person shall
sound any horn or warning device on any automobile, motorcycle, bus
or other vehicle which emits an unreasonably loud or harsh sound,
or for any unreasonable period of time.
D.Â
Powered model vehicles. Operating or permitting the operation of powered model vehicles between the hours of 10:00 p.m. and 8:00 a.m. the following morning. Maximum sound pressure levels during the permitted period of operation shall conform to those set forth in Table I of § 310-5 and shall be measured at the property boundary of the source or at a distance of 100 feet, if it is operated in a public place.
E.Â
Other noises. To yell, shout, hoot, blow any whistle, or sing in
the public streets, between the hours of 10:00 p.m. and 8:00 a.m.,
so as to annoy and disturb the quiet, comfort or repose of persons
in any office, dwelling, hotel or other type of residence, or of any
persons in the vicinity; except to give notice of the time to begin
or to stop work or as warning of distress, fire or danger, or upon
request of proper Borough authorities.
F.Â
Motor vehicle repair. To use any automobile, motorcycle, off-road
vehicle, or motor boat, so out of repair, so loaded or in such manner
as to create loud and unnecessary grating, grinding, rattling, engine,
or other noise.
G.Â
Loading operations. To create a noise disturbance in connection with
loading or unloading any vehicle, or the opening and destruction of
bales, boxes, crates and containers, garbage cans, or otherwise similar
objects between the hours of 6:00 p.m. and 8:00 a.m. the following
day. This subsection shall not apply to solid waste and recycling
collection services provided by or contracted by the Borough of Bradley
Beach.
H.Â
Construction noise commercial or private.
(1)Â
Operating or causing to be operated any equipment used in construction,
to erect (including excavation), repair, alter or demolish any buildings,
structures, streets, alleys or appurtenances thereto, in residential
or commercial land use categories shall be prohibited except during
the following hours:
(2)Â
No construction noise shall be permitted on any holiday or Sunday
through 8:00 a.m. of the following day.
(3)Â
The official date of holiday observance shall govern.
(4)Â
This prohibition may be suspended in the event of an emergency.
I.Â
Schools, churches, courts. To create any excessive or disturbing
noise on any street adjacent to any school, institution of learning,
church or court, provided that conspicuous signs are displayed in
such streets indicating the proximity of such institutions.
J.Â
Peddlers, vendors, hawkers. The shouting or crying of peddlers, hawkers
and vendors which disturbs the peace and quiet of the neighborhood.
K.Â
Refuse compacting vehicles. The operating or permitting the operation
of any motor vehicle which can compact refuse and which creates, during
the compacting cycle, a disturbing noise between the hours of 6:00
p.m. and 7:00 a.m. the following day in residential use districts.
This subsection shall not apply to solid waste and recycling removal
services provided by or contracted by the Borough of Bradley Beach.
L.Â
Vehicle repairs or testing. To repair, rebuild, modify or test any motor vehicle, off-road vehicle or motorboat in or near a residential use district in such a manner as to cause a noise disturbance or violate the provisions of § 310-5.
M.Â
Animals. To own, keep, possess or harbor any animal or animals which,
by frequent or habitual howling, barking, meowing, squawking, or other
noisemaking, cause a noise disturbance. The provisions of this chapter
shall also apply to all private or public facilities, including any
animal pounds, which hold or treat animals.
N.Â
Public entertainment loudspeakers. To operate, or permit to be operated,
any mechanical device, loudspeaker, or other source of sound in any
place of public entertainment, in a fixed or movable position exterior
to any building or mounted upon any aircraft, motor vehicle or motorboat,
such that the sound therefrom is plainly audible at or beyond the
property boundary of the source or on a public way between the hours
of 10:00 p.m. and 8:00 a.m. the following day.
O.Â
Standing motor vehicles. To operate or permit the operation of the
motor of any motor vehicle whose manufacturer's gross weight
is in excess of 10,000 pounds or any attached auxiliary equipment
for a period longer than three minutes in any hour while such vehicle
is stationary on a public right-of-way in a residential district or
in any designated quiet zone, or is on private property in a residential
or commercial zone and is not within a completely enclosed structure.
P.Â
Bells and alarms. To sound or permit the sounding of any exterior
burglar alarm on any building or motor vehicle unless such burglar
alarm shall terminate its operation within 15 minutes of its being
activated.
Q.Â
Power tools. Operation, or permitting to be operated, any powered
saw sander, drill, grinder, leaf-blowing, garden and landscaping,
power-washing, and hardscaping equipment or tools of like nature,
used primarily for domestic purposes, outdoors in residential zones
shall be prohibited except during the following hours:
R.Â
Recreational activities and sports games. To play and/or participate
in any game of basketball, softball, stickball, street hockey or other
such activity on any public right-of-way and/or public space in the
Borough between the hours of 10:00 p.m. and 8:00 a.m. the following
day, so as to annoy and disturb the quiet, comfort or repose of persons
in any office, dwelling, hotel or other type of residence, or of any
persons in the vicinity.
S.Â
Tree service noise - commercial or private.
(2)Â
No operation of tree removal trimming, cutting, grinding or similar
powered equipment shall be permitted on any holiday or Sunday through
8:00 a.m. of the following day.
(3)Â
The official date of holiday observance shall govern.
(4)Â
This prohibition may be suspended in the event of an emergency.
T.Â
To possess, use, or explode any fireworks, including any blank cartridge,
toy pistol, toy cannon, or toy gun in which more than 0.25 grain per
cap of explosives are used; firecrackers; rockets, Roman candles,
bombs, or other fireworks of like construction, or any fireworks containing
any explosive or flammable compound for the purpose of producing a
visible or an audible effect by combustion, explosion, deflagration
or detonation, except aviation and railroad signal light flares, or
sparkling devices, or novelties as defined in N.J.S.A. 21:2-2 if the
person is 16 years of age or older. This subsection shall not apply
to the Borough or any other person holding a valid permit in compliance
with the Fireworks Regulation Law, N.J.S.A. 21:2-1 et seq.
[Amended 7-12-2023 by Ord. No. 2023-9]
An exception is made for states of emergencies
declared by any level of government when any of the aforementioned
prohibited activities may need to be performed as a result of the
emergency. Furthermore, noise caused in the performance of emergency
work for the immediate safety, health or welfare of the community
or to restore property to a safe condition following a public calamity
shall not be subject to the provisions of this chapter. Nothing in
this chapter shall be construed to permit law enforcement, ambulance,
fire, or other emergency personnel to make excessive noise in the
performance of their duties when such noise is clearly unnecessary.
The use of stationary emergency signaling devices shall be for emergency
use only.
It shall be unlawful for any person to operate,
or permit to be operated, any stationary source of noise in such a
manner as to create a sound-pressure level which exceeds the limits
set forth for the receiving land use (land use category) in Table
I when measured at the property boundary. When a noise source can
be identified and its noise measured in more than one land use category,
the limits of the most restrictive use shall apply at the boundaries
between different land use categories.
|
Table I
| ||
|---|---|---|
|
Receiving Land Use Category
|
Time
|
Sound-Pressure Level Limit
dB(A)
|
|
All residential zones and Residential Beachfront
Zone
|
8:00 a.m. to 10:00 p.m.
|
65
|
|
10:00 p.m. to 8:00 a.m.
|
50
| |
|
General Business Zone; Office-Professional Zone;
and Business, Office and Research Zone
|
At all times
|
65
|
A.Â
No person shall operate a motor vehicle on a public right-of-way at any time in such manner that the sound-pressure level emitted by said vehicle exceeds the levels set forth in Table II when measured at the location established by § 310-6. This section shall apply to all motor vehicles, whether publicly or privately owned, that are duly licensed.
|
Table II
| |||
|---|---|---|---|
|
Vehicle Class
|
Speed Limit 35 mph or less
|
Speed Limit Over 35 mph
| |
|
Federally registered interstate motor carrier
|
86
|
90
| |
|
All other motor vehicles with a manufacturers'
gross vehicle rating of 10,000 pounds or more, and any combination
of vehicles towed by such motor vehicle
|
92
|
96
| |
|
Motorcycles
|
88
|
92
| |
|
Any other motor vehicles and any combination
of vehicles towed by such motor vehicle
|
82
|
88
| |
B.Â
For the purpose of § 310-6, standard measurement height shall be four feet (1.2 meters) and the standard horizontal measurement distance from the center line of the traffic lane being monitored shall be 50 feet (15 meters). Whenever it is not feasible to use 50 feet, the distance may be shortened to 25 feet (7.5 meters), in which case the values in Table II of § 310-6 be increased by six dB(A).
No person shall operate a power-propelled vehicle or recreational device off a public right-of-way in such manner that the sound-pressure level emitted therefrom exceeds the limits set forth in Table III when measured at the locations set forth in § 310-7. This section shall apply to all motorized vehicles and recreational devices, whether publicly or privately owned, or whether or not duly registered or licensed, including but not limited to passenger cars, trucks, campers, motorcycles, minibikes, go-carts, snowmobiles, amphibious craft, dune buggies, racing vehicles, water-ski towing devices and motorboats.
|
Table III
| |
|---|---|
|
Vehicle Class
|
Sound-Pressure Level
dB(A)
|
|
Motorboat
|
86
|
|
All other vehicles
|
83
|
[Added 10-23-1990]
It shall be unlawful for anyone to operate,
play or permit the operation of any radio, phonograph, tape or cassette
player, television, musical instrument, loudspeaker or amplifier or
any other machine or device for the electronic or stereophonic production
or reproduction of sound on the boardwalk, beaches and streets unless
the person operating said device is using earphones which restrict
the sound emanating from said device to the hearing of the operator
only.
A.Â
It shall be the duty and responsibility of the Police
Department of the Borough of Bradley Beach to enforce the provisions
of this chapter.
B.Â
Violation of this chapter shall be cause for summons
and complaint to be issued forthwith; provided, however, that if the
noise source is not a motor vehicle moving on a public right-of-way,
in lieu of a summons and complaint, enforcement personnel may issue
a twenty-four-hour notice, in writing, which may be served personally
or by certified mail to the last known address of the person or persons
in charge of or in control of the device, building or premises to
abate said violation of this chapter. Failure to comply with the order
so issued and served shall constitute a violation of this chapter.
In order to implement the purposes of this chapter,
the Police Department of the Borough of Bradley Beach shall have power
to:
A.Â
Conduct, or cause to be conducted, studies, research,
and monitoring related to noise.
B.Â
Conduct programs of public education regarding the
causes and effects of noise but not giving specific advice for its
abatement, and to encourage the participation of public interest groups
in related public information efforts.
C.Â
For reasonable cause and upon presentation of proper
credentials, enter any building, property, premises or places and
inspect any noise source for the purpose of ascertaining the compliance
or noncompliance with any provisions of this chapter, or have access
to and require the production of books and papers pertinent to any
matter under investigation.
D.Â
Require the owner or operator of any noise source
to establish and maintain records and make such reports as the Police
Department may reasonably prescribe.
E.Â
Require the owner or operator of any noise source
to measure the noise emissions thereof in accordance with such methods
and procedures and at such locations and times as the Police Department
may reasonably prescribe.
Any person, as defined in this chapter, who shall be found guilty of violating any provision of this chapter shall, for each offense, be fined a sum of not less than $100 nor more than the maximum penalty set forth in Chapter 1, Article II, General Penalty, or both, in the discretion of the court hearing the complaint. Each day of such violation's continuance shall be considered a separate offense and shall be separately punishable.
A.Â
The operation or maintenance of any noise source in
violation of any provision of this chapter shall be deemed and is
declared to be a public nuisance and may be subject to abatement summarily
by a restraining order or injunction issued by a court of competent
jurisdiction, or in any other manner available for the abatement of
public nuisances.
B.Â
Any remedy available pursuant to this chapter shall
be considered separate and not exclusive of any other remedy available
hereunder.
C.Â
Nothing in this chapter shall be construed to impair
any cause of action, or legal remedy therefor, of any person for injury
or damage arising from any violation of this chapter.
