[HISTORY: Adopted by the Mayor and Council
of the Borough of Saddle River 4-15-1991 by Ord. No. 564-C.
Amendments noted where applicable.]
For the purposes of this chapter, the following
definitions shall apply:
Any unenclosed motor vehicle having a saddle for the use
of the operator and two, three or four wheels in contact with the
ground, including but not limited to motor scooters, mopeds, minibikes,
dirt bikes and racing bikes.
Any sound or sounds at such level and duration as to be or
tend to be injurious to human health or welfare or which unreasonably
or unnecessarily interfere with the enjoyment of life or property
of a person of normal sensitivities.
Any sound that endangers the safety or health of a person
or disturbs a reasonable person of normal sensitivities or endangers
personal or real property.
Any property located within an R-1 Residential, R-2 Residential, R-3 Residential or Planned Unit Development District, as defined in Chapter 210, Zoning.
A.
The making, creation or permitting of any unreasonably
loud, disturbing or unnecessary noise in the Borough of Saddle River
is hereby prohibited, especially between the hours of 11:00 p.m. and
7:30 a.m. Consequently, no person shall, between the hours of 11:00
p.m. and 7:30 a.m., permit any noise to eminate from any source or
instrument, whether natural or artificial, or use equipment outside
a fully enclosed principal dwelling on a residential property in the
Borough of Saddle River such that the noise created thereby is plainly
audible at the boundary line of such property. The following activities,
among others, are declared to be unreasonably loud, disturbing and
unnecessary noise in violation of this chapter, but said enumeration
shall not be deemed to exclude those not included herein:
(1)
The sounding of a horn or signaling device on any
automobile, motorcycle or other motorized vehicle, except as a warning
of danger, and then only for such period of time as is reasonably
necessary for the giving of such warning.
[Amended 2-22-1994 by Ord. No. 600-C]
(2)
The playing, using, operating or permitting to be
played, used or operated of any electronic receiving set, musical
instrument, phonograph or machine or device for the production or
reproduction of sound with louder volume than is necessary for the
normal sensitive hearing of the person so playing, using or operating
such instrument or device and such persons who are voluntary listeners
thereto or in such manner as to disturb the peace, quiet and comfort
of neighboring inhabitants.
(3)
The use, operation or playing of any loudspeakers,
amplifiers or other machines or devices for the producing of sound
which is cast upon the public streets for the purpose of commercial
advertising or attracting the attention of the public.
(4)
The keeping of any animal or bird which, by causing
frequent or long-continued noise, shall disturb the peace, quiet and
comfort of neighboring inhabitants.
(5)
Creating any audible noise by landscaping and/or the
erection, excavation, demolition, alteration or repair of any building
other than between the hours of 7:30 a.m. and 6:00 p.m. Monday through
Friday, and 9:00 a.m. and 4:00 p.m. on Saturday, excepting in the
case of urgent matters in the interest of public safety and health.
[Amended 12-17-2001 by Ord. No. 01-721-C]
B.
No motorcycle shall be operated on residential property
within 50 feet of a property line, except when entering or exiting
the property. In addition, motorcycles may only be operated on residential
property between the hours of 9:00 a.m. and 6:00 p.m., Monday through
Saturday. The operation of motorcycles on residential property shall
be prohibited on Sundays and legal holidays. ("Legal holidays" shall
be deemed to be those days when regular mail service is suspended.)
Upon written application to the Chief of Police
or his designated representative, together with the written consent
of all property owners within 500 feet of the property in question,
a special permit may be granted to extend the 11:00 p.m. deadline,
but not beyond the hour of 2:00 a.m. A fee of $25 shall be charged
to the applicant to cover expenses resulting from the processing of
the special permit, which is to be paid upon receipt of the special
permit. The Mayor and Council may, at its discretion, limit the duration
of the special permit, which shall never be longer than one year.
Any person holding a special permit and/or requesting an extension
of time shall apply for a new permit under the provisions of this
section. The special permit may be revoked by the Borough Administrator
or the Police Department if the terms of the special permit are violated.
There is expressly exempted from the prohibitions
contained in this chapter police, fire, ambulance or other emergency
vehicles in the discharge of their official duties, garbage trucks
or such other vehicles used by or on behalf of the Borough of Saddle
River for the removal of residential or commercial garbage, together
with the removal of snow and ice from Borough and county roadways
and from residential, commercial and office properties located within
the Borough of Saddle River, and the sounding of fire or burglar alarms.
A.
Violation of any provision of this chapter shall be
cause for a Municipal Court summons to be issued by the Police Department
or any member of the general public who is affected by excessive noise.
