[HISTORY: Adopted by the Borough Council of the Borough of Mountain
Lakes 6-23-1980 as Sec. 3-3 of the 1980 Code. Amendments noted where applicable.]
No person shall make, continue or cause to be made or continued any
loud, unnecessary or unusual noise or any noise which does or is likely to
annoy, disturb, injure or endanger the comfort, repose, health, peace or safety
of others.
[Amended by Ord. No. 17-96]
A.
Without intending to limit the generality of § 160-1, the following acts are hereby declared to be examples of loud, disturbing and unnecessary noise in violation of this chapter:
(1)
Radios, televisions and phonographs. The playing, use
or operation of any radio receiving set, television, musical instrument, phonograph
or other machine or device for the producing of sound in such a manner as
to disturb the peace, quiet and comfort of neighboring inhabitants, or with
louder volume than is necessary for convenient hearing for persons who are
in the room, vehicle or chamber in which the machine or device is operated
and who are voluntary listeners. The operation of such a set, instrument,
phonograph, machine or device between the hours of 10:00 p.m. and 9:00 a.m.,
Sunday through Thursday, and between the hours of 11:00 p.m. and 9:00 a.m.,
Friday and Saturday, so that it is clearly audible at a distance of 100 feet
or more from the building, structure or vehicle in which it is located shall
be prima facie evidence of a violation of this chapter.
(2)
Yelling and shouting. Yelling, shouting, hooting, whistling
or singing on the public streets, particularly between the hours of 10:00
p.m. and 7:00 a.m., or at any time or place, which annoys or disturbs the
quiet, comfort or repose of persons in any office, dwelling, hotel, motel
or other type of residence or of any persons in the vicinity.
(3)
Animals and birds. The keeping of animals or birds which,
by causing frequent or long-continued noise, disturb the comfort or repose
of any person in the vicinity.
(4)
Horns. The sounding of a horn or warning device on an
automobile, motorcycle, bus or other vehicle, except when required by law
or when necessary to give timely warning of the approach of the vehicle, or
as warning of impending danger to persons driving other vehicles or to persons
on the street. No person shall sound a horn or warning device on an automobile,
motorcycle, bus or other vehicle which emits an unreasonably loud or harsh
sound or for an unnecessary or unreasonable period of time.
(5)
Exhaust. The discharge into the open air of the exhaust
of a steam engine, internal combustion engine or motor vehicle, except through
a muffler or other device which will effectively prevent loud or explosive
noises.
(6)
Defect in vehicle or load. The use of an automobile,
motorcycle or vehicle so out of repair or so loaded that it creates loud and
unnecessary grating, grinding, rattling or other noise.
(7)
Construction or repair. The carrying on of excavation,
demolition, construction, repair or alteration work, other than between the
hours of 8:00 a.m. and 8:00 p.m., or the carrying on of construction, repair
or alteration work by a homeowner on his own dwelling or property, other than
between the hours of 8:00 a.m. and 8:00 p.m. In the case of urgent necessity
or in the interest of public health or safety, the Director of Public Works
may grant a permit for excavation, demolition, construction, repair or alteration
work for a period not to exceed three days, by the terms of which permit such
work may be carried on between 8:00 p.m. and 8:00 a.m.[1]
[1]
Editor's Note: See also § 245-15J(5).
(8)
Schools, courts, churches and hospitals. The creation
of excessive noise on a street adjacent to a school, institution of learning,
church or court while in use, or adjacent to a hospital, which unreasonably
interferes with the working of the institution or which disturbs or unduly
annoys patients in the hospital, provided that conspicuous signs are displayed
in such a street indicating that it is a school, hospital or court street.
(9)
Public sales; taxicabs. Public outcries shall be prohibited
at or for any public sale or auction, or to advertise any goods, wares or
merchandise for sale, or to attract any attention, or to gain passengers for
any cab, taxicab, hack or omnibus.
(10)
Landscape/lawn care. The operation of motorized landscape/lawn
care equipment between the hours of 8:00 p.m. and 8:00 a.m.
B.
The above enumeration is intended to give typical illustrations
of prohibited noise and shall not be construed as exclusive.
Nothing herein contained shall be construed to apply to:
A.
The use of bells, chimes or sound amplifiers by churches
engaged in church activities.
B.
Activities of Borough departments in the performance
of their duties, drills or public demonstrations.
C.
Activities in public parks, playgrounds or public buildings
under permission or authority of the Borough Council or its agents.
Sound trucks may be operated in accordance with the following regulations
upon the issuance of a permit by the Borough Council for each occasion and
each location:
A.
Sound trucks shall not be operated in residential zones
in the Borough before 9:00 a.m. or after 7:00 p.m.
B.
Moving sound trucks shall keep to the extreme right-hand
side of the road and shall proceed at a speed of not less than 10 miles per
hour.
C.
Stationary sound trucks are prohibited in all residential
zones in the Borough but may be operated in commercial zones during the hours
referred to above.
