§ 308-2. Prohibited acts., Chapter 308. Noise, Part II. General Legislation, Code of Ordinances, North Wildwood

Radios, television sets, musical instruments and similar devices.

(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.

Street sales. Offering for sale or selling anything by shouting or outcry within any area of the City except between the hours of 9:00 a.m. and 6:00 p.m.

Editor's Note: See Ch. 330, Peddling and Soliciting.

Animals and birds. Owning, possessing or harboring any animal or bird which frequently or for continued duration howls, barks, meows, squawks or makes other sounds which create a noise disturbance across a residential real property boundary.

Editor's Note: See Ch. 126, Animals.

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.

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]

Editor's Note: This ordinance originally provided for the amendment of § 302-2E; Ord. No. 1502, adopted 8-15-2006, corrected this error to provide for the amendment of § 308-2E.

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.

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.

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.

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.

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.

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.

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.

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.

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)

Musical entertainment from 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.

(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]

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.