[HISTORY: Adopted by the Mayor and Council
of the Borough of Franklin 7-26-2022 by Ord. No. 11-2022.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 184,
Noise, derived from Sec. 3-13 of the 1975 Code (Ord. No. 24-85), as
amended.
It shall be unlawful for any person in any public
or private place to make, or allow to be made, continued unnecessary,
loud, or unusual noise which annoys, disturbs, or injures the quiet,
comfort, repose, health, peace, or safety of others within the limits
of the Borough of Franklin.
The following acts are declared to be in violation
of this chapter, but such enumerations shall not be deemed to be exclusive:
A.Â
The operation of any instrument, speaker, machine, or device between the hours of 10:00 p.m. and 7:00 a.m. in such a manner exceeding the standard set forth in § 184-2E.
B.Â
Yelling, shouting, whistling or singing between the hours of 10:00 p.m. and 7:00 a.m. or exceeding the standard set forth in § 184-2E
C.Â
The sounding of any horn or signaling device on any
automobile, motorcycle, or other vehicle on any street or public place
of the Borough except as a danger warning, the sounding of any such
device for any unnecessary and unreasonable period of time, the use
of any horn, whistle, or other device operated by engine exhaust.
D.Â
The causing of any noise on any street adjacent to
a school, institution of learning, church or public office building
while the same are in use, or adjacent to a hospital, medical office
or clinic, which interferes with the workings of such institutions
or which disturbs the occupants in such buildings.
E.Â
The sound level standards for this chapter shall be
as set forth and applied in N.J.S.A. 13:1G-1 et seq. and N.J.A.C.
7:29.
The provisions of this chapter shall not apply
to:
A.Â
The emission
of sound for the purpose of alerting persons to the existence of an
emergency.
B.Â
The emission of sound at any regularly operated outdoor commercial recreational facility for the conduct of its usual business, as long as such activity takes place during the hours of 7:00 a.m. and 10:00 p.m., so long as it does not exceed the standard set forth in § 184-2E.
C.Â
Noise from
celebrations or events sponsored by the Borough of Franklin, public
or parochial schools, or houses of worship.
D.Â
Noise from
athletic events, celebrations, concerts or dances held at a Borough
park, if approved and/or sanctioned or authorized by the Borough Council
or Recreation Committee.
Any person violating any provision of this chapter shall be subject to the penalties set forth in § 1-15.