[HISTORY: Adopted by the Borough Council
of the Borough of Eatontown 12-4-1991 by Ord. No. 20-91; amended in its entirety 6-10-2021 by Ord. No. 12-2021.[1] Subsequent amendments noted where applicable.]
[1]
Editor's Note: This ordinance also renamed this chapter from
"Noise" to "Public Nuisances."
As used in this chapter, the following terms shall have the
meanings indicated:
Any work or action necessary to deliver essential services,
including, but not limited to, repairing water, gas, electricity,
telephone, sewer facilities, public transportation, removing falling
trees on public right-of-way or abating life threatening conditions.
A sound dissipative device or system for abating the sound
of escaping gasses of an internal combustion engine.
Any sounds of such level and duration which are, or tend
to be, injurious to human health or welfare, or which would reasonably
interfere with the enjoyment of life or property.
Any individual, firm, corporation, company, association,
limited-liability company, society, club, partnership, joint-stock
company or any other form of association or organization and shall
also include the state or any political subdivision thereof, and any
agency or instrumentality of the State of New Jersey.
A.Â
Whereas excessive sound is a serious hazard to the public health,
welfare, safety, and the quality of life; and whereas a substantial
body of science and technology exists by which excessive sound may
be substantially abated; and whereas the people have a right to, and
should be ensured of, an environment free of excessive sound.
B.Â
Now therefore, it is the policy of the Borough of Eatontown to prevent
excessive sound that may jeopardize the health, welfare, or safety
of the citizens or degrade the quality of life.
C.Â
This chapter shall apply to the control of sound originating from
sources within the Borough of Eatontown.
It shall be unlawful for any person to make or to cause, suffer
or permit to be made or to be continued any behavior or loud, unnecessary
or unusual noise, or any noise or act which either annoys, disturbs,
injures or endangers the comfort, repose, health, peace or safety
of any other person within the corporate limits of the Borough of
Eatontown. Such conduct shall be considered a nuisance.
The following acts, among others, are declared to be nuisances
of violation of this section when the noise emanating from such acts
is clearly audible to neighboring property owners or inhabitants,
or clearly audible from at least 100 feet from the act, source or
device. The following enumeration shall not be deemed exclusive:
A.Â
Audio, video or musical devices. The playing or use of any audio,
visual or musical devices, including, but not limited to, radios,
stereos, i-Pods, iPads, cellphones, musical instruments or equipment,
musical amplifying devices of any kind or other machines or devices
of any kind for the production or reproduction of sound in such a
manner or in such volume as to unreasonably annoy or disturb the quiet,
comfort or repose of persons in any dwelling unit or other type of
residence, or while otherwise on their property, or to disturb the
peace, quiet and comfort of neighboring inhabitants or to disturb
the peace, quiet or comfort of any person in general, or to play or
operate the same with louder volume than is necessary for convenience
hearing of the person or persons who are in the room, chamber, venue,
place or area in which such machine or device is operated, and who
are voluntary listeners thereto.
B.Â
Construction. The operation of any equipment used in commercial construction,
repair, alteration or demolition work on buildings, structures, streets
or appurtenances thereto, in residential or commercial zoned districts
or in mixed-use zoned districts which permit residential uses, as
identified in the Borough's Land Use Ordinance, or as identified
in a duly adopted redevelopment plan on weekdays between the hours
of 9:00 p.m. and 7:00 a.m., or between the hours of 8:00 p.m. and
7:00 a.m. on Saturdays, and between the hours of 8:00 p.m. and 8:00
a.m. on Sundays; except in case of emergency work. All motorized equipment
used in construction and demolition activity shall be operated with
a muffler.
C.Â
Landscaping equipment. Operation of power mowers and power tools,
snowblowers, snow throwers, leaf blowers and other power equipment
used in landscaping outdoors between the hours of 9:00 p.m. and 7:00
a.m. on weekdays, or between the hours of 8:00 p.m. and 8:00 a.m.
on Saturdays, and between the hours of 8:00 p.m. and 8:00 a.m. on
Sundays. All motorized equipment used in construction and demolition
activity shall be operated with a muffler.
D.Â
Bells and alarms. The sounding or permitting of the sound of any
alarm, including, but not limited to, an alarm on any building or
motor vehicle, or the sounding of bells, unless such alarm or bells
shall terminate operation within 15 minutes of being activated.
E.Â
Animals. The keeping of any animal which emits frequent or long,
continued noises, including, but not limited to, barking, howling,
growling or whining, which disturbs the peace and quiet, or interferes
with the sleep or rest of any persons between the hours of 9:00 p.m.
and 7:00 a.m.
This section is intended to apply to and bind all owners, tenants
and occupants of real property in the Borough of Eatontown as well
as to guests at such real property, and to all visitors and passersby
while within the corporate limits of the Borough of Eatontown and
all other persons as heretofore defined within this section. This
section shall not apply to representatives and/or employees of the
Borough of Eatontown while performing a task on official business
of the Borough of Eatontown or for specific activities authorized
by the Mayor and Council of the Borough of Eatontown.
Nothing herein shall be construed to apply to the following:
A.Â
Activities involving public parks, playgrounds or public buildings
under permission or authority of the municipal government.
B.Â
The playing by a band or orchestra in a hall, building or in the
open air when duly authorized by the governing body, Planning Board,
the Zoning Board of Adjustment of the Borough of Eatontown or the
Board of Education of the Borough of Eatontown, or a special permit
issued by the Zoning Officer of the Borough of Eatontown, as the case
may be.
C.Â
Activities sponsored by or authorized by the governing body of the
Borough of Eatontown or the Board of Education of the Borough of Eatontown,
or any private school duly licensed by an agency in the State of New
Jersey.
D.Â
Any agriculture-related activities taking place on any property qualifying
for protection secured under New Jersey Right to Farm Act (N.J.S.A.
4:1C-1 et seq.).
It shall be the duty of the Police Department and the Code Enforcement
Department of the Borough of Eatontown to determine whether or not
this chapter has been and is being complied with and to enforce the
provisions of these sections against any person or persons violating
the same, including, but not limited to, violations of approvals issued
by the governing body, Planning Board, Zoning Board of Adjustment,
or the Zoning Officer of the Borough of Eatontown.
A.Â
Any police officer, Code Enforcement Officer of the Borough of Eatontown
or any taxpayer or resident of the Borough of Eatontown may make a
complaint in the Municipal Court of the Borough of Eatontown for any
violation of any section or subsection or paragraph or provision thereof
of this chapter. Any person convicted under this chapter shall be
subject to a fine not exceeding $2,000; imprisonment for a term not
to exceed 90 days, or a period of community service no to exceed 90
days, or any combination thereof, or the maximum penalties allowed
by N.J.S.A. 40:49-5, as amended.
B.Â
No provision or portion of a provision in this chapter shall be construed
to impair any common law or statutory cause of action, or legal remedy
therefrom, of the Borough or any person for injury or damage arising
from any violation of this chapter, or from any other law.
