[HISTORY: Adopted by the Mayor and Council
of the Borough of Hasbrouck Heights 12-4-1967 by Ord. No. 939. Amendments
noted where applicable.]
It is found and declared that:
A.
The making and creation of loud, unnecessary or unusual
noises within the limits of the Borough of Hasbrouck Heights is a
condition which has existed for some time, and the extent and volume
of such noises is increasing.
B.
The making, creation or maintenance of such loud,
unnecessary, unnatural or unusual noises, which are prolonged, unusual
and unnatural in their time, place and use, affect and are a detriment
to public health, comfort, morals, convenience, safety, welfare and
prosperity of the residents of the Borough of Hasbrouck Heights.
C.
The necessity in the public interest for the provisions
and prohibitions hereinafter contained and enacted is a matter of
legislative determination and public policy, and it is further declared
that the provisions and prohibitions hereinafter contained and enacted
are in pursuance of and for the purpose of securing and promoting
the public health, comfort, morals, convenience, safety, welfare and
prosperity and the peace and quiet of the Borough of Hasbrouck Heights
and its inhabitants.
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 either annoys, disturbs, injures
or endangers the comfort, repose, health, morals, peace or safety
of others, within the limits of the Borough.
[Amended 6-22-1971 by Ord. No. 1000; 9-28-1976 by Ord. No.
1072]
The following acts, among others, are declared
to be loud, disturbing and unnecessary noises in violation of this
chapter, but said enumeration shall not be deemed to be exclusive:
A.
Horns, signaling devices, etc. The sounding of any
horn or signaling device on any automobile, motorcycle, bus, truck
or other vehicle on any street or public place of the Borough, except
as a danger warning or for the normal celebrations for weddings, football
games and similar events; the creation by means of any such signaling
device of any unreasonably loud or harsh sound; and the sounding of
any such device for an unnecessary and unreasonable period of time.
B.
Radio, phonographs, etc. Using, operating or permitting
to be played, used or operated any radio, television set, musical
instrument, phonograph 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 yard in
which such machine or device is operated and who are voluntary listeners
thereto. The operation of any such set, instrument, phonograph, machine
or device between the hours of 10:00 p.m. Sunday through 8:00 a.m.
Monday morning and the same thereafter on Monday, Tuesday, Wednesday
and Thursday and between 11:00 p.m. Friday and 8:00 a.m. Saturday
and 11:00 p.m. Saturday and 8:00 a.m. Sunday in such a manner as to
be plainly audible at a distance of 50 feet from the building, structure,
vehicle or yard in which it is located shall be prima facie evidence
of a violation of this section.
C.
Loudspeakers and amplifiers for advertising. Using,
operating or permitting to be played, used or operated any radio set,
television set, musical instrument, phonograph, loudspeaker, sound
amplifier 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 attracting the attention of the public to
any building or structure.
D.
Yelling, shouting, etc. Yelling, shouting, hooting,
whistling or singing on the public streets, particularly between the
hours of 11:00 p.m. and 7:00 a.m. or at any time or place so as to
annoy or disturb the quiet, comfort or repose of persons in any office
or in any dwelling, hotel or other type of residence or of any persons
in the vicinity.
E.
Profane language. The uttering of any loud, offensive,
violent, indecent or profane language.
F.
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.
G.
Whistles. The blowing of any whistle, 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 Borough authority or as may be required
by general law or ordinance.
H.
Exhausts. The discharge into the open air of the exhaust
of any steam engine, stationery internal-combustion engine, motorboat,
or motor vehicle except through a muffler or other device which will
effectively prevent loud or explosive noises therefrom.
I.
Defects in vehicle or load. The use of any automobile,
motorcycle or vehicle so out of repair, so loaded or in such manner
as to create loud and unnecessary grating, grinding, rattling or other
noise.
J.
Construction or repairing of buildings. The excavation
of land or the erection, demolition, alteration or repair of any building
except between the hours of 7:30 a.m. and 5:00 p.m. on weekdays and
8:00 a.m. and 1:00 p.m. on Saturdays; further, no such construction
or repair shall be permitted at any time on any Sunday or any of the
following holidays: New Year's Day, January 1; Memorial Day, the last
Monday in May; Independence Day, July 4; Labor Day, the first Monday
in September; Thanksgiving Day, the fourth Thursday in November; and
Christmas Day, December 25. Excepted from this prohibition are the
following:
[Amended 7-8-2003 by Ord. No. 2010]
(1)
Any of the activities prohibited herein when undertaken
within a fully enclosed permanent structure.
(2)
Any of the activities prohibited herein when undertaken
by the current lawful resident of the subject premises or other persons
on behalf of the current lawful resident who are not providing those
services in the course of their regular business (such as neighbors,
friends or members of the family of such resident) in which event
those activities may be conducted on weekdays between 7:30 a.m. and
sunset, Saturdays between 8:00 a.m. and sunset and Sundays between
10:00 a.m. and sunset, but nevertheless not including any of the aforesaid
prescribed holidays.
[Amended 10-28-2003 by Ord. No. 2018; 11-11-2003 by Ord. No.
2027]
(3)
Any of the activities prohibited herein if the Construction
Code Official finds, determines and certifies that there exists a
condition upon or circumstances surrounding any particular premises
or the structures thereon that, if not immediately repaired or remediated,
would pose a risk to the safety or health of persons lawfully upon
the premises or to the public or would cause substantial damage to
the premises or the improvements thereon. In this event, the Construction
Code Official shall issue a written exemption in respect to any or
all of the conditions that would otherwise apply to the repair or
remediation as he or she deems absolutely necessary in order to abate
the emergency and which exemption shall extend for such a limited
period of time as he or she deems necessary to abate that emergency.
K.
Schools, courts, churches and hospitals. The creation
of any excessive noise on any street adjacent to any school, institution
of learning or church, while the same is in use, or adjacent to any
hospital or nursing home, which unreasonably interferes with the workings
of such institution or which disturbs or unduly annoys patients in
the hospital or nursing home, provided that conspicuous signs are
displayed in such streets indicating that the same is a school or
hospital street.
L.
Hawkers and peddlers. Shouting and crying of peddlers,
hawkers and vendors which disturbs the peace and quiet of the neighborhood,
even though licensed according to law.
M.
Idling motor engines. The idling of any automotive
truck engine while the same is standing on any public street or other
premises in the Borough of Hasbrouck Heights, other than at a garage
or other place of business regularly engaged in the testing or repair
of said engine or the sale of said motor vehicle or the owner of an
automobile operating the same on his own property for the purpose
of the repair thereof, provided further that this restriction shall
not apply to the operation of the refrigerating equipment on any standing
motor truck.
N.
Other. Any and all loud, unnecessary disturbing acts
not particularly enumerated herein.
O.
The operation of certain lawn and garden equipment.
The operation of any lawn mower, mulcher, chipper, blower, vacuum,
hedge trimmer, chain or other type of saw, tractor, snow blower, cultivator,
edger, or any other such lawn, gardening or yard equipment which is
powered by an internal combustion engine that is not equipped with
a muffler system in good working condition and having at least the
same effectiveness in noise abatement as the manufacturer's original
equipment.
[Added 11-12-1996 by Ord. No. 1770]
Nothing in this chapter shall be deemed to prohibit:
A.
The owner or occupant of a dwelling, at a reasonable
hour, from mowing the lawn around such dwelling with a power mower
or from removing snow with a power blower or from making minor repairs
necessary for normal maintenance of such dwelling at any time with
any equipment other than bulldozers, tractors or jackhammers or gasoline-powered
saws, provided that the making of such minor repairs is not accompanied
by any loud, unnecessary or unusual noise. Nothing in this exception
shall be construed to permit the operation of any equipment powered
by an internal, combustion engine that is not equipped with a muffler
system having an effectiveness in the abatement of noise at least
equal to that of its manufacturer's original equipment and in good
working condition.
[Amended 11-12-1996 by Ord. No. 1770]
B.
Bells, chimes or music, between the hours of 6:00
a.m. to 9:30 p.m., from any church or music in keeping with the Christmas
season, during the Christmas season, from any private or public source.
C.
Playing by a band or orchestra in a hall, nonresidential
building or in the public parks for regular concerts or dances or
other events consistent with the Zoning Ordinance[1] or by virtue of special permission of the Mayor and Council
of the Borough of Hasbrouck Heights.
D.
Parades approved by the Mayor and Council according
to law.
E.
The use of sound trucks by civic, charitable, religious,
political and other nonprofit corporations when approved according
to law or by special permission of the Mayor and Council, provided
that no commercial or advertising material is programmed, and provided
further that the use of the sound truck is limited to the hours and
routes prescribed, which in no case shall be before 9:00 a.m. nor
after 5:00 p.m. on Monday through Saturday and not at all on Sunday.
