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ORDINANCE 2012-21 Noise Control

PUBLIC HEARING CARRIED TO: July 17, 2012
NEVER INTRODUCED FOR SECOND READING/PUBLIC HEARING

AN ORDINANCE OF THE BOROUGH OF POINT PLEASANT BEACH, OCEAN COUNTY, NEW JERSEY, AMENDING AND SUPPLEMENTING CHAPTER III ENTITELD “POLICE REGULATIONS,” SECTION 3-2 ENTITLED “NOISE ORDINANCE OF THE BOROUGH OF POINT PLEASANT BEACH.”


WHEREAS, excessive noise is a serious hazard to the public health and welfare and the quality of life; and the people have a right to, and should be ensured of, an environment free from noise that may jeopardize their health or welfare or degrade the quality of life.
WHEREAS, the Borough Council of the Borough of Point Pleasant Beach in its discretion shall deem certain areas as Special Enforcement Zones pursuant to Chapter III, Section 3-49 for such areas have been deemed to frequently and consistently disturb the peace and tranquility of residents of the Borough of Point Pleasant Beach.
WHEREAS, the Borough Council of the Borough of Point Pleasant Beach recognizes the need to deter violations of Chapter III entitled “Police Regulations,” Section 3-2 entitled “Noise Ordinance of the Borough of Point Pleasant Beach” committed in a Special Enforcement Zone as defined in Chapter III, Section 3-49 by means of imposing a penalty;
WHEREAS, the Borough Council of the Borough of Point Pleasant Beach recognizes all violations of Chapter III entitled “Police Regulations,” Section 3-2 entitled “Noise Ordinance of the Borough of Point Pleasant Beach to ensure reporting of guilty findings for violations of this act;”
WHEREAS, the Borough Council of the Borough of Point Pleasant recognizes that it is not cost efficient to utilize a decibel reading device, and acquire the necessary training to utilize decibel reading devices, in the enforcement of Chapter III entitled “Police Regulations,” Section 3-2 entitled “Noise Ordinance of the Borough of Point Pleasant Beach.”
WHEREAS, the Borough Council of the Borough of Point Pleasant recognizes that the municipality does not utilize a decibel reading device in the enforcement of Chapter III entitled “Police Regulations,” Section 3-2 entitled “Noise Ordinance of the Borough of Point Pleasant Beach” and therefore any reliance upon a decibel reading device for the enforcement of this section should be eliminated.
WHEREAS, the Borough Council finds and determines that for the good and welfare of its citizens it is necessary and advisable to establish regulations that improve the quality of life for residents.
NOW THEREFORE BE IT ORDAINED, by the Governing Body of the Borough of Point Pleasant Beach, County of Ocean and State of New Jersey, as follows:
SECTION 1. Chapter III entitled “Police Regulations,” Section 3-2 entitled “Noise Ordinance of the Borough of Point Pleasant Beach” of the Code of the Borough of Point Pleasant Beach is hereby amended as follows:

“3-2 Noise Control.

3-2.1 Short Title.
This ordinance may be cited as the "Noise Ordinance of the Borough of Point Pleasant Beach".

3-2.2 Declaration of Findings and Policy.
Whereas, excessive noise is a serious hazard to the public health and welfare and the quality of life; and a substantial body of science and technology exists by which excessive noise may be substantially abated; and the people have a right to and should be ensured an environment free from noise that may jeopardize their health or welfare or degrade the quality of life; and the necessity in the public interest for the provisions and prohibitions hereinafter contained and enacted, is declared as a matter of legislative determination and public policy and the provisions and prohibitions hereinafter contained and enacted are in pursuance of and for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare, and the peace and quiet of the inhabitants of the Borough of Point Pleasant Beach.

3-2.3 Definitions and Standards.
a. Terminology and standards. All terminology used in this section, not defined below, shall be in conformance with applicable publications of the American National Standards Institute (ANSI) or its successor body.
b. Definitions.
1. 'Continuous noise' means a steady, fluctuating, or impact noise which exists, essentially without interruptions, for a period of one hour, or more.
2. ‘Department' means any municipal agency.
3. 'Device' means any mechanism which is intended to produce, or which actually produces noise when operated or handled.
4. 'Emergency work' means work made necessary to restore property to a safe condition following public calamity, work to restore public utilities, or work required to protect persons or property from an imminent exposure to danger.
5. 'Emergency vehicle' means a motor vehicle used in response to a public calamity or to protect persons or property from imminent danger.
6. 'Motor vehicle' means any vehicles which are propelled or drawn by mechanical equipment, such as, but not limited to, passenger cars, trucks, truck-traders, semi-trailers, campers, motorcycles, minibikes, go-carts, snowmobiles, amphibious craft on land, dune buggies, or racing vehicles.
7. 'Motorboat' means 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.
8. 'Muffler' means 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.
9. 'Noise' means any sound which is unwanted or which causes or tends to cause an adverse psychological effect on human beings.
10. 'Noise disturbance' means 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.
11. 'Person' means 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.
12. 'Plainly audible noise' means 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.
13. 'Powered model vehicles' means 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.
14. 'Property boundary' 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.
15. 'Public right-of-way and public space' means any street, avenue, boulevard, highway, alley, or public space which is owned or controlled by a public government entity.
16. 'Repetitive impulsive noise' means any noise which is composed of impulsive noises that are repeated at sufficiently slow rates.
17. 'Stationary emergency signaling devices' means 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.
18. 'Sound' means 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 a finite speed to distant points.
19. 'Sound pressure' means the instantaneous difference between the actual pressure and the average or barometric pressure at a given point in space.
20. 'Weekday' means Monday, Tuesday, Wednesday, Thursday, or Friday which is not a legal holiday.

3-2.4 Enforcement and Authority.
a. It shall be the duty and responsibility of the police department of the Borough of Point Pleasant Beach to enforce all of the provisions of Chapter III with the exception of those set forth under subsection 3-2.6 entitled "Noise Prohibited." Said subsection 3-2.6 may be enforced by the police department and by the code enforcement department and its agents and employees.
b. Method of enforcement. Violation of this section 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 24-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 section. Failure to comply with the order to issued and served shall constitute a violation of this section.

3-2.5 Inspections and Records.
a. In order to implement the purposes of this section, the police department of the Borough of Point Pleasant Beach shall have the power to:
1. Studies. Conduct, or cause to be conducted, studies, research, and monitoring related to noise.
2. Education. 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.
3. Inspections. For reasonable cause and upon presentation of proper credentials, enter an y- building, property, premises, or place and inspect any noise source for the purpose of ascertaining the compliance or noncompliance with any provision of this section, or have access to, and require the production of, books and papers pertinent to any matter under investigation.
4. Records. 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.
5. Measurements. 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.

3-2.6 Noises Prohibited.
a. General Prohibitions. It shall be unlawful for any person to make, continue, or cause to be made or continued or caused any excessive, or unusually loud noise, or to create a noise disturbance within the limits of the Borough of Point Pleasant Beach.
b. Specific Prohibitions. The following acts, among others, are declared to be loud, disturbing, or excessive noise in violation of this section, but said enumeration shall not be deemed to be exclusive, namely:
1. Horns and signaling devices. The sounding of any horn or signaling device or any motor vehicle on any public right-of-way, except as a danger warning signal or as provided in the vehicle code of the State of New Jersey.
2. Radios, television sets and similar devices.
(a) Operating or permitting the use or operation of any radio receiving set, musical instrument, television, phonograph, drum, or other device for the production or reproduction of sound, in such a manner as to cause a noise disturbance; or
(b) Operating any such device between the hours of 10 p.m. and 8 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.
3. Exterior loudspeakers. Using or operating any mechanical device or loudspeaker 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 p.m. and 8 a.m. the following day.
4. Animals. Owning, keeping, possessing, or harboring any animal or animals which, by frequent or habitual howling, barking, meowing, squawking, or other noisemaking, cause a noise disturbance. The provisions of this subsection shall also apply to all private or public facilities, including any animal pounds, which hold or treat animals.
5. Loading operations. Loading, unloading, opening or otherwise handling boxes, crates, containers, lumber, and similar materials as well as garbage cans, or other similar objects between the hours of 6 p.m. and 8 a.m. the following day in such a manner as to cause a noise disturbance. This includes manual operation as well as such operation by use of mechanical device, forklift truck, hydraulic lift or similar device.
6. Construction noise. Operating or causing to be operated any equipment used in commercial construction, repair, alteration or demolition work on buildings, structures, streets, alleys or appurtenances thereto, in residential or commercial land use categories, between the hours of 6 p.m. and 8 a.m. the following day on weekdays, between 6 p.m. Saturday night and 8 a.m. Monday morning and on legal holidays. This shall include but not be limited to cranes, bulldozers, backhoes, front-end loaders, trucks and dumptrucks, commercial saws, jackhammers, nail guns and other similar construction equipment.
7. Vehicle repairs or testing. Repairing, rebuilding, modifying or testing 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 subsection 3-2.8.
8. Places of public entertainment. Operating, or permitting to be operated, any loudspeaker or other source of sound in any place of public entertainment which produces maximum levels of 90 dB(A) at any point that is normally occupied by a human being as read with the slow response on a sound level meter, without a conspicuous and legible sign located outside such place, near the entrance, stating: 'Warning. Sound Environment Within May Cause Temporary Hearing Impairment Which May Become Permanent With Continued Exposure.'
9. Powered model vehicles. Operating or permitting the operation of powered model vehicles between the hours of 8 p.m. and 8 a.m. the following morning.[.]
10. 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 p.m. and 6 a.m. the following day in residential use districts.
11. Standing motor vehicles. Operating or permitting 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.
12. Bells and alarms. The sounding or permitting 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. Any motor vehicle upon which a burglar alarm has been installed shall prominently display the telephone number at which communication may be made with the owner of such motor vehicle.
13. Stationary emergency signaling devices. Testing of only the electromechanical functioning of a stationary emergency signaling device shall occur at the same time each day that a test is performed, but not before 7 a.m. or after 8 p.m. Any such testing shall only use the minimum cycle test time.
14. Operating, or permitting to be operated any powered saw, sander, drill, grinder, garden equipment or tools of like nature, used primarily for domestic purposes, outdoors in residential zones between the hours of 8 p.m. and 8 a.m. the following day.
15. Boardwalk amusements. Operating or permitting the operation of any ride or amusement attraction on the boardwalk which creates such noise that passes the limits of reasonable adjustment to the conditions of the locality and of the needs of the maker to the needs of the listener between the hours of 10:00 p.m. and 8:00 a.m. the following day. Specifically it shall be a violation of this subsection for any boardwalk attraction to constitute a noise disturbance to any person in a residential area between the aforementioned hours.
16. Yelling, shouting, etc. Yelling, shouting, hooting, whistling or singing on any public street, thoroughfare or boardwalk, particularly between the hours of 11:00 p.m. and 8:00 a.m. or at any time or place so as to annoy or disturb the quiet, comfort or repose of persons in any residence, office, hotel or any other type of dwelling, or of any persons in the vicinity.
17. 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 within the borough where there are crossing gates.

3-2.7 Exceptions.
a. Emergency exception. Noise caused in the performance of emergency work for the immediate safety, health or welfare of the community or individuals of the community, or to restore property to a safe condition following a public calamity shall not be subject to the provisions of this section. Nothing in this section 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.

3-2.8 Noise Levels by Land Use.
a. 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 noise disturbance.

3-2.9 Motor Vehicle Noise Levels.
a. No person shall operate a motor vehicle on a public right-of-way at any time in such manner so to create a noise disturbance.
3-2.10 Zoning Changes.
`No zoning change, adjustment, variance or exception, which affects the land use categories, will be permitted unless the use to be allowed does not violate the provisions of this section.

3-2.11 Selling or Renting Real Property.
Truth in selling or renting. No person shall sell or rent, or cause to be sold or rented, any structure to be used for habitation, outside or which structure the sound pressure levels are in excess of those permitted under subsection 3-2.8 without making full disclosure to all potential buyers or renters of the existence of such noise disturbance.

3-2.12 Additional Provisions.
a. Penalties.
1. Any person, firm or corporation who shall be found guilty of violating any provision of this section shall, for each offense, be fined a sum of not more than five hundred ($500.00) dollars, or be imprisoned in the county jail for a period not exceeding 90 days, or both. Each day of such violations continuance shall be considered as a separate offense and shall be separately punishable.
2. Any person, firm or corporation who shall be found guilty of violating any provision of this section for a second time within a six month period, shall, for each offense, be fined a sum of not less than two hundred ($200.00) dollars, and not more than five hundred ($500.00) dollars or be imprisoned in the county jail for a period not exceeding 90 days, or both.
b. Additional remedy-injunction. The operation or maintenance of any noise source in violation of any provision of this section 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.
c. Other remedies.
1. Any remedy available pursuant to this section shall be considered separate and not exclusive of any other remedy available hereunder.
2. Nothing in this section shall be construed to impair any cause of action, or legal remedy therefor, or any person for injury or damage arising from any violation of this section.”


SECTION II. Chapter III entitled “Police Regulations,” Section 3-2 entitled “Noise Ordinance of the Borough of Point Pleasant Beach” of the Code of the Borough of Point Pleasant Beach is hereby amended by creating Section 3-2.12(c)(3) as follows:

3-2.12(c)(3). Violations in Zero Tolerance Zones
A violation of Chapter III entitled “Police Regulations,” Section 3-2 entitled “Noise Ordinance of the Borough of Point Pleasant Beach” committed in a Zero Tolerance Zone as defined in Chapter XXVII, Section 3-49 shall be subject to the penalties imposed by Chapter XXVII, Section 3-49.
SECTION III. Chapter III entitled “Police Regulations,” Section 3-.2.12 entitled “Noise Ordinance of the Borough of Point Pleasant Beach” of the Code of the Borough of Point Pleasant Beach is hereby amended by creating Section 3-2.12(c)(4) as follows:
“3-2.12(c)(4). Reporting of Violations
The Municipal Court Clerk of the Borough of Point Pleasant Beach shall report all guilty findings for violations of this Chapter to the Chief of Police and Construction Official of the Borough of Point Pleasant Beach matters within twenty (20) days of the date of said guilty disposition by written notification.”
SECTION IV. In the event any section, part or provision of this Ordinance shall be held unconstitutional or invalid by any Court, such holding shall not affect the validity of this Ordinance or any remaining part of this Ordinance other than the part held unconstitutional or invalid.
SECTION V. All ordinances or parts thereof, which are inconsistent with the provisions of this Ordinance, are hereby repealed to the extent of their inconsistencies.
SECTION VI. This Ordinance shall take effect immediately upon its final passage and publication as required by law.



NOTICE

NOTICE IS HEREBY GIVEN that the foregoing Ordinance was introduced and passed on first reading at the regular meeting of the Borough Council of the Borough of Point Pleasant Beach, in the County of Ocean, held on the 12th day of June 2012 and will be considered for second reading and final passage at the regular meeting of said governing body to be held on the 26th day of June 2012 at 7:00 P.M. in the Council Chambers, Borough Hall, 416 New Jersey Avenue, Point Pleasant Beach, New Jersey at which time and place a person desiring to be heard will be given opportunity to be heard.

__________________
Maryann Ellsworth, R.M.C.
Municipal Clerk


Published June13, 2012 | New Ordinances | 1396


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