[HISTORY: Adopted by the North Wildwood City
Council 12-4-1984 by Ord. No. 875. Amendments noted where applicable.]
A.
All terminology used in this chapter, not defined
below, shall be in conformance with the applicable publications of
the American National Standards Institute (ANSI) or its successor
body.
B.
A-WEIGHTED SOUND LEVEL
CONSTRUCTION
DAY-NIGHT AVERAGE SOUND LEVEL (one dn)
DECIBEL (dB)
DEMOLITION
EMERGENCY
EMERGENCY WORK
EQUIVALENT A-WEIGHTED SOUND LEVEL (L eq)
GROSS VEHICLE WEIGHT RATING (GVWR)
IMPULSIVE SOUND
MOTORBOAT
MOTOR CARRIER VEHICLE ENGAGED IN INTERSTATE COMMERCE
MOTORCYCLE
MOTOR VEHICLE
MUFFLER or SOUND DISSIPATIVE DEVICE
NOISE
NOISE DISTURBANCE
NOISE-SENSITIVE ZONE
PUBLIC RIGHT-OF-WAY
PUBLIC SPACE
REAL PROPERTY BOUNDARY
RMS SOUND PRESSURE
SOUND
SOUND LEVEL
SOUND LEVEL METER
SOUND PRESSURE
SOUND PRESSURE LEVEL
VIBRATION
As used in this chapter, the following terms shall
have the meanings indicated:
The sound pressure level in decibels as measured on a sound
level meter using the A-weighting network. The level so read is designated
"dB(A)" or "dBa."
Any site preparation, assembly, erection, substantial repair,
alteration or similar action, but excluding demolition, for or of
public or private rights-of-way, structures, utilities or similar
property.
The twenty-four-hour energy average of the A-weighted sound
pressure level, with the levels during the period of 10:00 p.m. to
7:00 a.m. the following day increased by 10 dBa's before averaging.
A unit for measuring the volume of a sound, equal to 20 times
the logarithm to the base 10 of the ratio of the pressure of the sound
measured to the reference pressure, which is 20 micropascals (20 micronewtons
per square meter).
Any dismantling, intentional destruction or removal of structures,
utilities, public or private right-of-way surfaces or similar property.
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage which demands immediate
action.
Any work performed for the purpose of preventing or alleviating
the physical trauma or property damage threatened or caused by an
emergency.
The constant sound level that, in a given situation and time
period, conveys the same sound energy as the actual time-varying A-weighted
sound. For the purposes of this chapter, a time period of 24 hours
shall be used, unless otherwise specified.
The value specified by the manufacturer as the recommended
maximum loaded weight of a single motor vehicle. In cases where trailers
and tractors are separable, the gross combination weight rating (GCWR),
which is the value specified by the manufacturer as the recommended
maximum loaded weight of the combination vehicle, shall be used.
Sound of short duration, usually less than one second, with
an abrupt onset and rapid decay. Examples of sources of impulsive
sound include explosions, drop forge impacts and the discharge of
firearms.
Any vessel which operates on water and which is propelled
by a motor, including but not limited to boats, barges, amphibious
crafts, water-ski towing devices and hover craft.
Any vehicle for which regulations apply pursuant to Section
18 of the Federal Noise Control Act of 1972 (P.L. 92-574), as amended,
pertaining to motor carriers engaged in interstate commerce.
As defined in the Motor Vehicle Code of the State of New
Jersey.
As defined in the Motor Vehicle Code of the state.
A device for abating the sound of escaping gases of an internal-combustion
engine.
Any sound which annoys or disturbs humans or which causes
or tends to cause an adverse psychological or physiological effect
on humans.
Any sound which endangers or injures the safety or health
of humans or animals or annoys or disturbs a reasonable person of
normal sensitivities or endangers or injures personal or real property.
Any area designated for the purpose of ensuring exceptional
quiet.
Any street, avenue, boulevard, highway, sidewalk or alley
or similar place which is owned or controlled by a governmental entity.
Any real property or structures thereon which are owned or
controlled by a governmental entity.
Any imaginary line along the ground surface, and its vertical
extension, which separates the real property owned by one person from
that owned by another person, but not including intrabuilding real
property divisions.
The square root of the time averaged square of the sound
pressure, denoted P rms.
An oscillation in pressure, particle displacement, particle
velocity or other physical parameter, in a medium with internal forces,
that causes compression and rarefaction of that medium. The description
of sound may include any characteristic of such sound, including duration,
intensity and frequency.
The weighted sound pressure level obtained by the use of
a sound level meter and frequency weighting network, such as A, B
or C as specified in American National Standards Institute specifications
of sound level meters. If the frequency weighting employed is not
indicated, the A-weighting shall apply.
An instrument which includes a microphone, amplifier, RMS
detector, integrator or time averager, output meter and weighting
networks used to measure sound pressure levels and meets ANSI S-1.4.
The instantaneous difference between the actual pressure
and the average or barometric pressure at a given point in space,
as produced by sound energy.
Twenty times the logarithm to the base 10 of the ratio of
the RMS sound pressure to the reference pressure of 20 micropascals
(20 times 10-6 newtons per square meter).
The sound pressure level is denoted L p or SPL and is expressed in
decibels.
An oscillatory motion of solid bodies of deterministic or
random nature described by displacement, velocity or acceleration
with respect to a given reference point.
No person shall unreasonably make, continue
or cause to be made or continued any noise disturbance. Noncommercial
public speaking and public assembly activities conducted on any public
space or public right-of-way shall be exempted from the operation
of this section. The following acts, and the causing thereof, are
declared to be in violation of this chapter:
A.
Radios, television sets, musical instruments and similar
devices.
[Amended 4-16-2019 by Ord. No. 1780]
(1)
Operating, playing or permitting the operation or
playing of any radio, television, phonograph, drum, musical instrument,
sound amplifier or similar device which produces, reproduces or amplifies
sound, between the hours of 10:00 p.m. and 8:00 a.m. the following
day, in such a manner as to create a noise disturbance across a real
property boundary.
(2)
Using or operating for any noncommercial purpose any
loudspeaker, public address system or similar device, between the
hours of 10:00 p.m. and 8:00 a.m. the following day, such that the
sound therefrom creates a noise disturbance across a residential real
property boundary.
D.
Loading and unloading. Loading, unloading, opening,
closing or other handling of boxes, crates, containers, building materials,
garbage cans or similar objects, between the hours of 10:00 p.m. and
7:00 a.m. the following day, in such a manner as to cause a noise
disturbance across a residential real property boundary.
E.
Construction. Operating or permitting the operation of any tools or equipment used in construction, drilling or demolition work, between the hours of 6:00 p.m. and 8:00 a.m. the following day on Monday through Saturday or at any time on Sundays, such that the sound therefrom creates a noise disturbance across a residential real property boundary or within a noise-sensitive zone, except for emergency work of public service utilities or by special permit. This subsection shall not apply to the use of domestic power tools subject to Subsection M nor shall this subsection apply to construction, drilling or demolition work being performed by the City of North Wildwood or its contractors.
[Amended 6-20-2006 by Ord. No. 1500[3]]
F.
Vehicle or motorboat repairs and testing. Repairing,
rebuilding, modifying or testing any motor vehicle, motorcycle or
motorboat in such a manner as to cause a noise disturbance across
a residential real property boundary.
G.
Powered model vehicles. Operating or permitting the operation of powered model vehicles so as to create a noise disturbance across a residential real property boundary, in a public space or within a noise-sensitive zone, between the hours of 8:00 p.m. and 8:00 a.m. the following day. Maximum sound levels for residential property, during the permitted period of operation, shall be governed by § 308-4.
H.
Vibration. Operating or permitting the operation of
any device that creates vibration which is above the vibration perception
threshold of an individual at or beyond the property boundary of the
source if on private property or at 50 feet from the source if on
a public space or public right-of-way. For the purposes of this subsection,
"vibration perception threshold" means the minimum ground- or structure-borne
vibrational motion necessary to cause a municipal investigator to
be aware of the vibration by such direct means as, but not limited
to, sensation by touch or visual observation of moving objects.
I.
Stationary nonemergency signaling devices.
(1)
Sounding or permitting the sounding of any electronically
amplified signal from any stationary bell, chime, siren, whistle or
similar device, intended primarily for nonemergency purposes, from
any place, for more than three minutes in any hourly period.
(2)
Devices used in conjunction with places of religious
worship shall be exempt from the operation of this provision.
J.
Emergency signaling devices.
(1)
The intentional sounding or permitting the sounding outdoors of any fire, burglar or civil defense alarm, siren, whistle or similar stationary emergency signaling device, except for emergency purposes or for testing, as provided in Subsection J(2).
(2)
Testing.
(a)
Testing of a stationary emergency signaling
device shall occur at the same time of day each time such a test is
performed, but not before 8:00 a.m. or after 8:00 p.m. Any such testing
shall use only the minimum cycle test time. In no case shall such
test time exceed 10 seconds.
(b)
Testing of the complete emergency signaling system, including the functioning of the signaling device and the personnel response to the signaling device, shall not occur more than once in each calendar month. Such testing shall not occur before 8:00 a.m. or after 8:00 p.m. The time limit specified in Subsection J(2)(a) shall not apply to such complete system testing.
(3)
Sounding or permitting the sounding of any exterior
burglar or fire alarm or any motor vehicle burglar alarm unless such
alarm is automatically terminated within 15 minutes of activation.
This subsection shall not be interpreted to apply to emergency, fire,
rescue or police alarms.
K.
Motorboats. Operating or permitting the operation
of any motorboat in any lake, river, stream or other waterway in such
a manner as to exceed a sound level of 86 dBa's at 50 feet (15 meters)
or the nearest shoreline, whichever distance is less. The 86 dBa's
shall be reduced to 84 dBa's for engines manufactured after January
1, 1976, and 82 dBa's for engines manufactured after January 1, 1978.
L.
Tampering. The following acts or the causing thereof
are prohibited:
(1)
The removal or rendering inoperative by any person,
other than for purposes of maintenance, repair or replacement, of
any noise control device or element of design or noise label of any
product.
(2)
The intentional removing or rendering inaccurate or
inoperative of any sound monitoring instrument or device positioned
by or for the City of North Wildwood, provided that such device or
the immediate area is clearly labeled, to warn of the potential illegality.
(3)
The use of a product which has had a noise control
device or element of design or noise label removed or rendered inoperative,
with knowledge that such action occurred.
M.
Domestic power tools. Operating or permitting the
operation of any mechanically powered saw, drill, sander, grinder,
lawn or garden tool, snowblower or similar device used outdoors in
residential areas, between the hours of 10:00 p.m. and 8:00 a.m. the
following day, so as to cause a noise disturbance across a residential
real property boundary.
N.
Licensed premises. As used in this subsection, "licensed premises"
shall have the same definition as that which is found for "licensed
premises" in N.J.S.A. 33:1-1.
[Added 6-6-2012 by Ord. No. 1610]
(1)
Musical
entertainment from 11:00 p.m. to 11:00 a.m. All musical entertainment
and visual media that produces sound, whether live or recorded, in
the outdoor areas of any property upon which are situate licensed
premises shall be prohibited between the hours of 11:00 p.m. and 11:00
a.m. the following day. It shall be considered a violation of this
subsection if, between the hours of 11:00 p.m. and 11:00 a.m. the
following day, musical entertainment or visual media that produces
sound, whether live or recorded, which is generated in the interior
areas of a structure can be heard in the outdoor areas of the property
upon which that structure is located.
(2)
10:00 p.m. to 11:00 p.m. All amplified musical entertainment or visual media that produces sound, whether live or recorded, in the outdoor areas of any property upon which are situate licensed premises shall be prohibited between the hours of 10:00 p.m. and 11:00 p.m.; however acoustical music in such outdoor areas is permitted between the hours of 10:00 p.m. and 11:00 p.m. The provisions of this subsection shall not be in effect on Fridays, Saturdays, legal holidays and the days immediately prior to legal holidays; during these times the provisions of Subsection N(1) shall be in effect.
[Amended 12-1-2020 by Ord. No. 1821]
(3)
Notwithstanding the foregoing provisions applicable to licensed premises,
the owner of any licensed premises that are located in either the
P-Pier or SPRA-Seaport Pier Redevelopment Area Zoning Districts may
make application to conduct, or allow to be conducted, in the outdoor
areas of the property upon which are situated the licensed premises,
an event to occur between May 1 and September 30 that involves musical
entertainment or the utilization of visual media that produces sound,
whether live or recorded, the end time of which is past the hour of
11:00 p.m. The application for such an event shall be made to the
City Clerk upon forms provided by the City Clerk which have been approved
by duly adopted resolution of City Council. There shall be no application
fee. No application shall be made less than 21 days prior to the scheduled
date of the event for which the application is made. Upon receipt
of a complete application, the City Clerk shall transmit copies of
the application to the City Council and to the Mayor. Upon consultation
with the Chief of Police, the Fire Department Chief and such other
department heads as the Mayor deems appropriate, the Mayor shall provide
City Council with such comments and advice, if any, concerning the
event as the Mayor deems necessary and appropriate. Upon consideration
of the Mayor's comments, if any, City Council, by resolution, shall
either approve or deny the event application. No such approved event
shall have a scheduled end time later than 12:00 midnight. The resolution
approving the event may include such conditions of approval as City
Council deems appropriate and necessary for the protection of the
health, safety and welfare of the general public.
[Added 4-16-2019 by Ord.
No. 1780[4]]
[4]
Editor's Note: This ordinance also redesignated former Subsection
N(3) as Subsection N(4).
(4)
Nothing in this subsection shall be interpreted as impairing the prohibition that is found in this chapter against the making, continuing or causing to made or continued any noise disturbance as that term is defined in § 308-1. To the extent that an alcoholic beverage license has a special condition that conflicts with the provisions of this subsection, the provisions of this subsection shall control.
B.
Special permits.
(1)
The Chief of Police of the City of North Wildwood, with the advice and consent of the Construction Official of the City of North Wildwood, shall have the authority, consistent with this section, to grant special permits which may be requested pursuant to § 308-2E.
(2)
Any person seeking a special permit pursuant to this
section shall file an application with the Chief of Police of the
City of North Wildwood. The application shall contain information
which demonstrates that bringing the source of sound or activity for
which this special permit is sought into compliance with this chapter
would constitute an unreasonable hardship on the applicant and the
community.
C.
Variances for time to comply.
(1)
Within 10 days following the effective date of this chapter, the owner of any commercial or industrial source of sound may apply to the Chief of Police of the City of North Wildwood for a variance in time to comply with § 308-4. The Chief of Police shall have the authority, consistent with this section, to grant a variance, not to exceed 30 days from the effective date of this chapter.
(2)
Any person seeking a variance in time to comply shall
file an application with the Chief of Police of the City of North
Wildwood. The application shall contain information which demonstrates
that bringing the source of sound or activity for which the variance
is sought into compliance with this chapter prior to the date requested
in the application would constitute an unreasonable hardship on the
applicant or the community or on other persons. Any individual who
claims to be adversely affected by allowance of the variance in time
to comply may file a statement with the Chief of Police of North Wildwood
containing any information to support his claim. If the Chief of Police
finds that a sufficient controversy exists regarding an application,
a public hearing may be held.
D.
Appeals. Appeals of an adverse decision of the Chief
of Police of the City of North Wildwood shall be made to the appropriate
court of law. Review of the court shall be de novo.
A.
Maximum permissible sound levels by receiving land
use. No person shall operate or cause to be operated on private property
any source of sound in such a manner as to create a sound level which
exceeds the limits set forth for the receiving land use category in
Table 1, when measured at or within the property boundary of the receiving
land use:
|
Table 1
Sound Levels by Receiving Land Use
| |||
|---|---|---|---|
|
Receiving Land Use Category
|
Time
|
Sound Level Limit
(dBa's)
| |
|
All zones
|
8:00 a.m. to 10:00 p.m.
|
65
| |
|
10:00 p.m. to 8:00 a.m.
|
50
| ||
B.
Motor vehicle sound limits.
|
Table 2
Motor Vehicle and Motorcycle Sound Limits
(measured at 50 feet or 15 meters)
| ||||
|---|---|---|---|---|
|
Sound Level dBa's
| ||||
|
Vehicles Class
|
Speed Limit
35 mph or less
|
Speed Limit
Over 35 mph
|
Stationary Run-Up
| |
|
Motor carrier vehicle engaged in interstate
commerce or GVWR or GCWR of 10,000 pounds or more
|
86
|
90
|
88
| |
|
All other motor vehicles of GVWR or GCWR of
10,000 pounds or more
|
86
|
90
|
--
| |
|
Any motorcycle
|
82
|
86
|
--
| |
|
Any other motor vehicle or any combination of
vehicles towed by any motor vehicle
|
76
|
82
|
--
| |
A.
No person shall operate or cause to be operated any
motor vehicle or motorcycle not equipped with a muffler or sound dissipative
device in good working order and in constant operation.
B.
No person shall remove or render inoperative or cause
to be removed or rendered inoperative, other than for purposes of
maintenance, repair or replacement, any muffler or sound dissipative
device on a motor vehicle or motorcycle.
The sounding of any horn or other auditory signaling
device on or in any motor vehicle or motorcycle on any public right-of-way
or public space, except as a warning of danger as provided in the
Motor Vehicle Code of the State of New Jersey, shall be declared to
be in violation of this chapter.
[Amended 11-4-1998 by Ord. No. 1313]
A.
No person shall operate or permit the operation of
any compacting mechanism of any motor vehicle which compacts refuse
and which creates, during the compacting cycle, a sound in excess
of 86 dBa's when measuring it 50 feet or 15 meters, whichever is lesser,
from any point on the vehicle.
B.
No person, other than the City or its trash and refuse
contractor, shall:
No person shall operate or permit the operation
of any motor vehicle with a gross vehicle weight rating (GVWR) in
excess of 10,000 pounds or any auxiliary equipment attached to such
vehicle for a period longer then 10 minutes in any hour while the
vehicle is stationary for reasons other than traffic congestion on
a public right-of-way or public space.
A.
In lieu of issuing a notice of violation as provided for in Subsection B, the Police Department of the City of North Wildwood may issue an order requiring abatement of any source of sound or vibration alleged to be in violation of this chapter within a reasonable time period.
B.
Notice of violation. Violation of any provision of
this chapter shall be cause for a summons or complaint to be issued
by the Police Department of the City of North Wildwood.
A.
The Police Department shall order an immediate halt to any sound which exposes any person, except those excluded pursuant to Subsection B, to continuous sound levels in excess of those shown in Table 4 or to impulsive sound levels in excess of those shown in Table 5.
B.
No order pursuant to Subsection A shall be issued if the only persons exposed to sound levels in excess of those listed in Tables 4 and 5 are exposed as a result of trespass, invitation upon private property by the person causing or permitting the sound or employment by the person or a contractor of the person causing or permitting the sound.
C.
Any person subject to an order issued pursuant to Subsection A shall comply with such order until the sound is brought into compliance with the order.
D.
Any person who violates an order issued pursuant to
this section shall, for each day of violation, be fined not less than
$200 nor more than $1,250.
[Amended 5-21-2002 by Ord. No. 1411; 12-3-2002 by Ord. No.
1428]
E.
Continuous sound levels.
|
Table 4
Continuous Sound Levels which Pose an
Immediate Threat to Health and Welfare
(measured at 50 feet or 15 meters)1
| ||
|---|---|---|
|
Sound Level Limit
(dBa's)
|
Duration
| |
|
90
|
24 hours
| |
|
93
|
12 hours
| |
|
96
|
6 hours
| |
|
99
|
3 hours
| |
|
102
|
1.5 hours
| |
|
105
|
45 minutes
| |
|
108
|
22 minutes
| |
|
NOTES:
1 Use equal energy
time-intensity trade-off if level varies; find energy equivalent over
24 hours.
| ||
F.
Impulsive sound levels.
|
Table 5
Impulsive Sound Levels which Pose an
Immediate Threat to Health and Welfare
(measured at 50 feet or 15 meters)1
| ||
|---|---|---|
|
Sound Level Limit
(dB's)
|
Number of Repetitions per Twenty-Four-Hour
Period
| |
|
145
|
1
| |
|
135
|
10
| |
|
125
|
100
| |
|
NOTES:
1 Use equal energy
time-intensity trade-off if level varies; find energy equivalent over
24 hours.
| ||
No provision of this chapter shall be construed
to impair any common law or statutory cause of action, or legal remedy
therefrom, of any person for injury or damage arising from any violation
of this chapter or from other law.
A.
Any person who violates any provision of this chapter
shall be fined for each offense not more than $1,250 or be imprisoned
for a term not to exceed 90 days, or both.
[Amended 3-20-1991 by Ord. No. 1054; 5-21-2002 by Ord. No. 1411]
B.
Each day of violation of any provision of this chapter
shall constitute a separate offense.
