[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:
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.
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.
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:
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.
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.
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.
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.
Profane language. The uttering of any loud, offensive, violent, indecent or profane language.
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.
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.
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.
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.
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]
Any of the activities prohibited herein when undertaken within a fully enclosed permanent structure.
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]
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.
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.
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.
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.
Other. Any and all loud, unnecessary disturbing acts not particularly enumerated herein.
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:
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]
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.
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 or by virtue of special permission of the Mayor and Council of the Borough of Hasbrouck Heights.
Parades approved by the Mayor and Council according to law.
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.
Police, fire, ambulance, air raid or other sirens which may be operated by the Borough or civil defense or other governmental authorities.