Kenneth Vercammen is a Middlesex County trial attorney who has published 130 articles in national and New Jersey publications on Criminal Law and litigation topics. Appointments can be scheduled at 732-572-0500. He is author of the ABA's book "Criminal Law Forms".
2053 Woodbridge Avenue - Edison, NJ 08817

Saturday, June 17, 2017

Long Branch Noise ordinance

Long Branch Noise ordinance
[Amended 5-22-1979 by Ord. No. 944]
It shall be unlawful for any person to make, continue or cause to be made or continued any loud, unnecessary or unusual noise or any noise which endangers the health, safety or welfare of the community or which annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others nearby or near to or upon a public highway, road, street, lane, alley, park residence, square or common whereby the public peace is broken or disturbed or exceeds the sound pressure levels enumerated in § 235-4.
[Amended 5-22-1979 by Ord. No. 944]
The following acts, among others, are declared to be loud, unnecessary, disturbing and a danger to the health, safety and welfare of the community and its people, in violation of § 235-1, but the enumeration shall not be deemed to be exclusive, namely:
Horns, signaling devices, etc. The sounding of any horn or signaling device on any automobile, motorcycle, street car, bus or other vehicle in the city except as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound; the sounding of any such device for an unnecessary and unreasonable period of time; the use of any horn, whistle or other device operated by engine, exhaust or by compressed air or gas or by vacuum; and the use of any such signaling device when traffic is for any reason held up.
Radios, televisions, phonographs, tape recorders, etc.
The using, operation or permitting to be played, used or operated, either indoors or outdoors, of any radio receiving set, television receiver, musical instrument, phonograph, tape recorder 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 the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle, chamber or premises in which such machine or device is operated and who are voluntary listeners thereto. The operation of such a set, instrument, phonograph, machine or device shall conform to the values in Table I[1] as measured in an attached or neighboring apartment, townhouse, condominium, living quarters, etc., or at the property line, whichever is less.
[Amended 5-22-1979 by Ord. No. 944]
Editor's Note: Table I is located at the end of this chapter.
Notwithstanding anything to the contrary in this subsection, chapter, Code or any other ordinance of the City of Long Branch, no person other than a duly licensed business legally operating on the property shall operate, play or permit the operation or playing of any radio, television, phonograph or similar device that produces or amplifies sound on any public road, highway, right-of-way, street, sidewalk, boardwalk, park or beach unless the person operating or playing said device is using earphones which restrict the sound emanating from said device to hearing of the operator only. This prohibition shall not apply to the playing of a motor vehicle radio or cassette that is part of the equipment that is installed in such vehicle.
[Added 6-22-1986 by Ord. No. 1283]
Loudspeakers, amplifiers. The using, operating or permitting to be played, used or operated any receiving set, musical instrument, phonograph, loudspeaker, sound amplifier, tape recorder or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or for any other purpose, except as authorized by governmental authorities in connection with law enforcement or public emergencies, provided that such devices may be employed in connection with nonprofit charitable, educational, civic, religious or recreational activities in accordance with permits first obtained therefor from the Director of Public Safety pursuant to § 235-5 hereof.
People noise. Yelling, shouting, whistling, singing or conducting unnecessarily loud or annoying vocal utterances at any time or place so as unreasonably to annoy or disturb the quiet, comfort or repose of any person in any residence, office, hospital, school, place of business, street or public place or of any persons in the vicinity.
Animals, birds, etc. The keeping of any animal or bird which by causing frequent or long-continued noise shall disturb the comfort or repose of any persons in the vicinity, but nothing herein contained is intended to apply to a dog pound or kennel licensed in accordance with Chapter 109, Animals, Article I, Dogs.
Nonvehicular whistles, horns and other signaling devices. The sounding of any whistle, horn or other signaling device except to give notice of the time to begin or stop work or as a warning of fire or danger or upon request of proper city authorities or as may be required by general law or ordinance.
Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary jet or internal combustion engine or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
Vehicles and their loads. The use of any automobile, motorcycle, truck or vehicle so out of repair, so loaded or operated in such a manner as to create loud and unnecessary grating, grinding, rattling or other noise.
Construction work.
The excavation, grading, paving, erection, demolition, alteration or repair of any premises, street, building or structure at any time on Sundays, or other than between the hours of 8:00 a.m. and 6:00 p.m. on Saturdays or between the hours of 7:00 a.m. and 6:00 p.m. on all other days, except in case of urgent necessity in the interest of public health and safety and if the nature of the emergency will admit of the prior procurement of a permit, then only in accordance with a permit first obtained from the City Engineer as to public street work, or from the City Construction Code Official as to other work, pursuant to § 235-5 hereof. Such permit may be granted for a period not to exceed three days or less while the emergency continues.
Notwithstanding the foregoing, if the Engineer or Construction Code Official, as the case may be, shall determine that the public health and safety will not be impaired by such work within the prohibited hours, and if he shall further determine that loss or inconvenience would result to any party in interest, he may grant permission for such work to be done within the prohibited hours upon application being made at the time the permit for the work is issued or during the progress of the work. The provisions of this subsection shall not apply to interior or exterior repairs or to interior alterations, the work for which is actually performed by a homeowner or occupant, personally, between the hours of 8:00 a.m. and 10:00 p.m., upon residential premises that are owned by such homeowner or that are occupied by such occupant, provided that the work shall be done without undue noise or disturbance of the peace and quiet of the neighborhood.
Loading, unloading, opening boxes. The creation of loud and excessive noise in connection with the loading or unloading of any vehicle or the opening or destruction of bales, boxes, crates and containers.
Excessive noise.
The creation of excessive noise in any school grounds, church, synagogue, hospital, school building, institution of learning, court or public building or place of public assembly while the same are in use and which unreasonably interferes with the working of the institution or place or unduly annoys persons therein.
The creation of excessive noise on any street adjacent to such grounds, places or buildings, while the same are in use, which unduly interferes with the working of the institution or place or unduly annoys persons therein, provided that conspicuous signs are displayed in such street indicating that it is a zone of quiet for a specified reason.
Drums. The use of any drum or other instrument or device for the purpose of attracting attention to any performance show or sale, except in connection with any school or civic activity or where a parade permit has been issued.
Hawkers, peddlers. The shouting and crying of peddlers, hawkers and vendors which disturbs the peace and quiet of the neighborhood.
Commercial transport. The causing, permitting or continuing of any excessive, unnecessary and avoidable noise in the operation of railroad cars, locomotives, buses and trucks.
Blowers. The operation of any noise-creating blower or power fan or any internal combustion engine, the operation of which causes noise due to the explosion of operating gases or fluids, unless the noise from such blower or fan is adequately muffled and such engine is equipped with a muffler device sufficient to deaden such noises.
Lawn mowers, chain saws, etc. The operation or use of any power lawn mower, chain saw, fence post driller or the like, between the hours of 8:00 p.m. and 8:00 a.m.
Miscellaneous night noises. Any of the following activities, when occurring in close proximity to residences between 11:00 p.m. and 7:00 a.m.: the unnecessary warming up or idling of buses, trucks or tractors and the unnecessary and repeated idling, acceleration and deceleration or starting and stopping of automobiles and motorcycles.
Outdoor gatherings. Outdoor concerts except in accordance with permits first obtained therefor from the Director of Public Safety pursuant to § 235-5 hereof.
The above enumeration is intended to give typical illustrations of prohibited noise and shall not be construed as exclusive.
Sound trucks may be operated in accordance with the following regulations upon the issuance of a permit by the Director of Public Safety for each occasion and each location:
Sound trucks shall not be operated in residential zones in the city before 9:00 a.m. and after 7:00 p.m.
Sound trucks shall not be operated in commercial zones in the city before 9:00 a.m. and after 9:00 p.m.
Moving sound trucks shall keep to the extreme right-hand side of the road and shall proceed at a speed of not less than 10 miles per hour.
Stationary sound trucks are prohibited in all residential zones in the city, but may be operated in commercial zones during the hours referred to above.
For the purpose of this chapter, "residential zones" shall mean the zones so designated in Chapter 345, Zoning, of the city and "commercial zones" shall mean and include all parts of the city other than residential zones.
[Amended 5-22-1979 by Ord. No. 944]
No person shall use or operate any facility, machine or instrumentality or produce or cause to be produced any sound in the City of Long Branch when the same shall produce noise and a sound pressure level in excess of the level permitted by Tables I and II attached to this chapter; subject, however, to the exceptions attached to and made a part of Table I and together with the addendum attached to and made a part of Table II.
The officer charged with the responsibility of issuing permits for the activities requiring permits in accordance with § 235-2 hereof shall issue permits for such activities if such officer shall find that the activities will not unduly or unnecessarily annoy, disturb, injure or endanger the comfort, repose, health, peace or safety of others, that the activities will not violate any other ordinance or law or create a public nuisance and that the public health and safety will not be endangered thereby.
Permits shall specify the dates and hours of the permitted activities, which shall not be allowed between the hours of 10:00 p.m. and 7:00 a.m. unless the issuing officer shall determine that it is in the best interest of the community that the activity take place wholly or partially during such hours.
The issuing officers are authorized to adopt and use such forms of applications and permits as may be reasonably required in the performance of their duties. Each application for a permit shall be accompanied by a fee of $2, which shall be payable to the City of Long Branch.
An applicant for a permit hereunder shall have the right to appeal to the City Council from the denial of the permit by the issuing officer. Such appeal shall be taken by filing a written notice of appeal addressed to the City Council. Such notice shall be filed within three days after the issuing officer shall have notified the applicant of the denial of the permit. The City Council shall act upon the appeal as soon as practicable after receiving the notice thereof and shall give the applicant an opportunity to be heard before taking action. The City Council may affirm or reverse the issuing officer's denial of the permit or may grant the permit with modifications or conditions.
[Amended 5-22-1979 by Ord. No. 944]
Nothing in this chapter shall be construed to apply to church bells, or chimes; or to the playing of bands or orchestras in a hall or building owned or operated by an eleemosynary organization in a manner which will not annoy the peace, comfort and quiet of the neighboring inhabitants; or to municipal, county, state or federal government agencies in connection with any emergency; or to normal working activities of or sponsored by the City Council or to warning devices on vehicles used only for traffic safety purposes or as specifically permitted in § 235-2.
It shall be the duty of the Police Department of the city to enforce the provisions of this chapter. In addition to public law enforcement officers and others who by law are entitled to enforce or bring complaints under this chapter, the officers who are designated hereunder for the issuance of permits as well as the Construction Code Officials shall have the power to enforce and bring complaints under this chapter.
A violation of this chapter shall be cause for summons and complaint to be issued forthwith, and failure to desist upon being warned by an enforcement officer shall constitute an additional separate offense; provided, however, that if the noise source is not a readily identifiable individual or 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 producing the noise, to abate said violation of this chapter. Failure to comply with this order so issued and served shall constitute an additional violation of this chapter.
Any person, firm or corporation violating any of the provisions of this chapter shall, upon conviction thereof, be punishable as provided in Chapter 1, General Provisions, Article I.
Each day that a violation continues shall constitute a separate offense.
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The provisions of this chapter are not intended to be exclusive or to supersede any other remedies provided by law or ordinance. If any clause, sentence, paragraph, section or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered.

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