[HISTORY: Adopted by the Board of Commissioners
of the Township of Nutley 2-17-1931 by Ord. No. 610 (Ch. 161 of the 1978 Code).
Amendments noted where applicable.]
It shall be unlawful for any person to make,
continue or cause to be made or permitted any unnecessary or disturbing
noises which either annoy, injure or endanger the comfort, repose,
health or safety of others.
It shall be unlawful for any person to ring
any bell, to beat or strike any pan, pail or other like article or
to sound any gong or blow any whistle or horn or other than musical
instruments when used as part of a band of music, except to give necessary
signals upon a streetcar, motor vehicle, motorcycle, bicycle or similar
vehicle, or to hawk, cry or call out the sale of goods at auction
or otherwise or so as to gain passengers for any cab, hack, taxi or
other vehicle, or to make, aid, continue, encourage or assist in making
any other or unusual noise or other unnecessary or disturbing noises
upon any street or other public place or in close proximity thereto
so as to be distinctly and loudly audible upon any such street or
place in the Township of Nutley.
It shall be unlawful for any person, by himself
or through the operation of any instrument, agency or vehicle, to
make any unnecessary or unseemly noises within 150 feet of any portion
of the grounds and premises on which is located a hospital or other
institution reserved for the sick or any school during school hours.
The Township of Nutley shall place as many signs as it may deem proper
within or near the zones hereby created, calling attention to the
prohibition against unnecessary noises within such zones.
It shall be unlawful for any person, without
a written permit from the Mayor, to use, play or perform on any bugle,
hand organ, barrel organ, barrel accordion, barrel piano, hurdy-gurdy
or other musical or wind instrument upon any street or other public
place in the Township of Nutley. It shall be unlawful for any person
using or performing on such musical instruments to solicit, ask or
request any money for such use or performance in any way, shape or
manner, directly or indirectly. No person shall use or perform on
such instruments in any street or public place before the hour of
9:00 a.m. or after the hour of 6:00 p.m. of any days, nor during any
part of the first day of the week, commonly called Sunday; nor within
a distance of 500 feet of any schoolhouse or house of public worship
during school hours or hours of public worship, respectively; nor
within a distance of 250 feet of any tenement or apartment house or
dwelling when directed or requested by any occupant thereof to refrain
or discontinue using or performing on such instrument.
It shall be unlawful for any person to maintain
and operate in any building or on any premises in the Township of
Nutley any radio device or mechanical musical instrument or device
of any kind whereby the sound therefrom is cast directly upon the
public streets and places and where such device is maintained and
operated for advertising purpose or for the purpose of attracting
the attention of the passing public, or which is so placed and operated
that the sounds coming therefrom can be heard to the annoyance or
inconvenience of travelers upon any street or public place or of persons
in neighboring premises.
All rails, pillars or columns of iron, steel
or other material which are being transported over and along streets
or other public places upon carts, drays, cars, trucks or in any other
manner shall be so loaded as to avoid causing any loud noises or disturbing
the peace and quiet of such streets or other public places.[1]
[1]
Editor's Note: Original § 61-7, Operation of street
railway cars, which immediately followed this section, was repealed
8-4-1981 by Ord. No. 2052.
[Added 8-4-1981 by Ord. No. 2052]
Except in emergency, it shall be unlawful for
any person to sound or cause to be sounded any horn or signal device
other than a bell on any railroad locomotive or similar vehicle between
the hours of 7:00 p.m. and 7:00 a.m. within the Township of Nutley.
It shall be unlawful to drive or propel any
motor vehicle in any street or public place with chains fastened to
the wheel of such motor vehicle in such a manner that they or any
part of them will strike any other part or parts of the vehicle on
the revolution of the wheels, or with any other part or parts of such
vehicle so loose or out of repair as to create any loud or unnecessary
noise.
[Amended 1-7-2003 by Ord. No. 2765]
A.
It shall be unlawful for any person in conducting
any building operations between the hours of 10:00 p.m. and 7:00 a.m.
to operate or use any pile driver, steam shovel, pneumatic hammer,
derrick, steam or electric hoist or other apparatus, the use of which
is attended by loud or unusual noise, except by written permission
of the Mayor and then only in case of emergency.
B.
Notwithstanding any other section of the chapter,
it shall not be unlawful for any person to operate to remove snow
and ice upon roadways, parking areas or sidewalks on a private business
or industrial establishment or upon the public highways of the Township
of Nutley.
It shall be unlawful to permit or cause the
emission of steam or other gases if such emission cannot be done without
the production of other unnecessary and disturbing noises.
It shall be unlawful to operate or cause to
be operated any noise-creating blower or power fan or any internal-combustion
engine, the operation of which causes noises due to the explosion
of operating gases or fluids, unless the noise from such blower or
fan is muffled and such engine is equipped with a muffler device sufficient
to deaden such noises so that the same shall not cause annoyance to
the public or disturb the rest and quiet of persons residing or occupying
property near enough thereto to be annoyed by the unmuffled blower,
fan or exhaust of any such engine.
It shall be unlawful for the owner of any dog
or other animal to cause or permit the barking, howling or crying
of any dog or other animal so as to cause annoyance to the public
or disturb the rest and quiet or endanger the comfort, repose, health
or safety of others.
As used in this chapter, the following terms
shall have the meanings indicated:
Includes one or more persons of either sex, natural persons,
corporations, partnerships, associations, joint-stock companies, societies
and all other entities capable of being sued.
[Amended 5-15-1979 by Ord. No. 1973]
Any person who shall violate any of the provisions
of this chapter shall, upon conviction thereof, be punished by a fine
of not more than $500 or imprisonment for a term not exceeding 90
days, or both.
