TOWNSHIP OF WALL
ORDINANCE NO. 22 -2014
CHAPTER 164: PEACE AND GOOD ORDER
NOW, THEREFORE BE IT ORDAINED by the Township Committee of the Township of
Wall, in the County of Monmouth, in the State of New Jersey, as follows:
Section 1.
Chapter 164, Peace and Good Order, of the Code of the Township of Wall shall
be amended to provide as follows:
164-2: NOISE CONTROL (new section)
2. 1 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
of 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 Township of Wall.
2.2 Enforcement and Authority
It shall be the duty and responsibility of the police department of the Township of Wall to
enforce all of the provisions of this section with the exception of those set forth under subsection
2.4 entitled ” Specific Acts Deemed to Be Violations”. Said subsection 2.4 may be enforced by
the police department and by the code enforcement department and its agents and employees.
a. 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 issued and served shall constitute a
violation of this section. Enforcement personnel are not required to serve warnings
prior to the issuance of any summons.
2.3
Loud Sounds and Noises Prohibited.
No person shall cause or cause to be made any loud, raucous, annoying sounds, noise or
disturbances so as to disturb the comfort, peace, quiet and tranquility of the residents of the
neighborhood or of the community.
2.4 Specific Acts Deemed to Be Violations.
The doing of any of the following acts as outlined in subsection 2.4, paragraphs ( a.) and ( b.)
below, so as to cause any particularly or unnecessarily loud or disturbing noise deemed to be a
detriment to the health and welfare of residents and shall be deemed to be a violation of this
ordinance. The enumeration of these acts shall not be deemed to be an exclusive list of
violations of this ordinance.
a.
Any unreasonably loud and disturbing sounds such as, but not limited to, the playing
of music or amplified sound of any type, crowd noise or loud conversations or
celebrations which transmit beyond the bounds of the property from which they
emanate shall be prohibited when carried on between the hours of 11: 00 p.m. Friday
night and 7:00 a.m. Saturday morning and, between the hours of 11: 00 p.m. Saturday
night and 7: 00 a.m. Sunday morning. On all other days those same acts shall be
prohibited from 10:00 p.m. at night until 7:00 a.m. For days
the following morning.
proceeding legal holidays and for legal holidays the hours applicable to Fridays and
Saturdays listed in this subsection shall apply ( 11: OOpm at night until 7:00am the next
morning).
b. The following acts shall be prohibited when carried on between the hours of 7: 00
p.m. in the evening and 7:00 a.m. the following day on any weekday and after 6:00
p.m. on Saturdays and at any time on Sundays and legal holidays, except as described
in subsection 2.5, paragraph (c.).
1. Operating or causing to be operated any equipment, hand-held or otherwise,
operated by commercial contractors or entities in commercial or residential
construction, repair, alteration, excavation, demolition, and other commercial
activities generating noise comparable to the activities listed herein, on buildings,
structures, streets, alleys or appurtenances thereto, in residential or commercial
land use categories, including, but not limited to, cranes, bulldozers, backhoes,
front-end loaders, trucks, dump trucks, commercial saws, jackhammers, nail guns
and other
similar construction equipment. Operating or causing to operate any
equipment used by commercial landscapers or commercial entities in the course
of lawn care and property maintenance including lawn mowers and leaf blowers.
The prohibitions enumerated in this section shall not be in effect when the
Township of Wall has determined that exceptional circumstances justify
suspension of these restrictions. Exceptional circumstances shall include but will
not be limited to: weather emergencies; and, emergencies impacting on individual
property owners (see subsection 2.5, paragraph (c.) for more details).
2.
The use of any sound truck, loudspeaker, sound amplifier or other such instrument
for any commercial use.
3.
The loading or unloading, or, the pickup or delivery of material of any nature to
any commercial or residential property including boxes, crates, containers and
dumpsters, lumber and similar materials, including garbage cans or other similar
objects, which may include the operation of a forklift, hydraulic lift or similar
device that causes unreasonably loud and disturbing noise, other than delivery of
consumer items to a commercial or residential property such as newspapers,
delivery food service, milk deliveries, UPS and Federal Express deliveries,
pharmaceutical deliveries and other such similar deliveries that do not involve
forklifts, hydraulic lifts and other similar devices that may cause excessive noise.
4.
The running, operating, or permitting the operation of, any motor vehicle which
creates a disturbing noise.
5.
The operating or permitting the operation of the motor or any attached auxiliary
equipment of any motor vehicle whose manufacturer’ s gross weight is in excess
of 10,000 pounds 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.
6.
Private and commercial garbage collection before 7: 00 a.m. on any day.
2.5 EXCEPTIONS.
a.
Nothing herein contained shall be construed to apply to church bells or chimes, or to
sounds typically generated by vehicles engaged in the residential sale of ice cream.
b.
The playing by a musician, band or orchestra in a hall, building, public place of
entertainment, or in the open air shall be permissible by special permit to be granted
by the Township Committee. Such permit shall be issued for a period of time, but not
to exceed one ( 1) year at no cost to the applicant.
c.
Residential property owners may themselves operate lawn maintenance equipment,
home repair equipment and home improvement equipment on their own property on
weekdays, Sundays and legal holidays between the hours of 7:00 a.m. and 7:00 p.m.
Residential property owners pursuant to subsection 2.4, paragraph ( b.)( 1.), are
restricted as to when they may hire commercial contractors to undertake these
activities.
d.
The operation of any sporting stadiums and/or venues and the events they host which
were in existence prior to the adoption of this ordinance shall be permissible. Such
sporting stadiums and/ or venues will be held to the preexisting Township noise
standard whereby it is not permissible to make or cause to be made, or permit or
suffer or allow to be made any loud or unseemly noises to the serious inconvenience
ordiscomforttotheresidentsbetweenthehoursof12:00midnight and7:00 a.m.
Emergencies. 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.
2.6 Penalties
a.
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 less than two hundred
200.00) dollars or more than an amount indexed to the maximum allowable fine
under New Jersey State statues and a jail term not to exceed ninety ( 90) days. Each
day of such violations continuance shall be considered as a separate offense and shall
be separately punishable.
b.
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,
befinedasumofnotlessthanfivehundred ($500.00) dollarsor morethan anamount
indexed to the maximum allowable fine under New Jersey State Statutes and a jail
term not to exceed ninety (90) days. Each day of such violations continuance shall be
considered as a separate offense and shall be separately punishable.
Section 2. All Ordinances, or parts thereof, inconsistent with the provisions of this
Ordinance be and the same are hereby repealed to the extent of such inconsistency.
Section 3.
Should any section, paragraph clause or any other portion of this Ordinance be
adjudged by a Court of competent jurisdiction to be invalid, such judgment shall not affect or
impair the remainder of this Ordinance.
Section 4.
This Ordinance shall take effect upon its passage and publication according to
law.
Introduced on:
Adopted:
Attest: Approve:
Roberta Lang Clinton C. Hoffman
Township Clerk Mayor
NOTICE AND SUMMARY OF
ORDINANCE NO. 22 -2014
AN ORDINANCE OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF
WALL, IN THE COUNTY OF MONMOUTH, STATE OF NEW JERSEY, AMENDING
AND SUPPLEMENTING CHAPTER 164 PEACE AND GOOD ORDER
The purpose of this Ordinance is to amend Chapter 164, Peace and Good Order, to reflect that
noise violations shall be enforced by penalties including monetary penalties and incarceration.
Notice is hereby given that the foregoing Ordinance was introduced and passed on first reading
by the Township Committee of the Township of Wall on September 24,2014, and further be
considered for final passage and adoption at the Wall Township Municipal Building, 2700
Allaire Road, Wall, New Jersey, on October 22,2014 at 7:30 p.m., or as soon thereafter as the
matter can be reached on the agenda, at which time and place all persons interested therein shall
be given an opportunity to be heard, and during the week prior to and up to and including the
date of such meeting, copies of said Ordinance will be made available at the Clerk’ s Office in the
Township of Wall, Town Hall, to members of the general public who shall request the same or
on our website www.wallnj.com under Legal Notices.
Roberta M. Lang, RMC
Township Clerk
