[Amended 8-11-1987 by Ord. No. 87-20; 8-13-1988 by Ord. No. 88-25; 11-10-1992 by Ord. No. 92-16; 4-10-2007 by Ord. No. 07-11; 10-27-2009 by Ord. No. 09-19; 10-9-2025 by Ord. No. 25-25]
A.
(Reserved)
(1) DISTURBANCE OF PEACE (a) (b) (c) (d) (e) (f) PERSON PROPERTY LINE RESIDENTIAL PROPERTY
Definitions. The following definitions shall apply to this section:
Any conduct or behavior that causes or is likely to cause public inconvenience, alarm, or discomfort to the residents of a residential area, including but not limited to:
EXCESSIVE NOISE
Engaging in loud, disruptive noise between the hours of 10:00 p.m. and 7:00 a.m. that disturbs the peace and quiet of residential properties. This includes but is not limited to, loud music, shouting, vehicle noise, or the operation of machinery.
LOUD GATHERINGS OR PARTIES
Hosting or participating in gatherings or parties in residential areas that produce excessive noise or disrupt the quiet enjoyment of neighbors.
VERBAL ALTERCATIONS
Engaging in shouting, yelling, or the use of loud or offensive language in a manner that disturbs the peace and quiet of residents.
DISORDERLY CONDUCT
Any physical altercation, violent behavior, or disruptive conduct in residential areas, including any behavior that may result in the creation of a public disturbance.
ANIMAL-RELATED DISTURBANCES
The continuous or excessive barking, howling, or other noise from domestic animals that causes a disturbance to neighbors, especially during nighttime hours.
DISRUPTIVE VEHICLE ACTIVITY
Operating vehicles, motorcycles, or other motorized transportation in a manner that causes excessive noise, such as revving engines, loud music, or racing in residential areas.
Any individual, corporation, company, association, society, firm, partnership or other legal entity.
Either:
Property used for human habitation.
(2)
Prohibited conduct in residential areas.
(a)
Excessive noise. Playing loud music, using loudspeakers, or making any other form of noise that disrupts the peace and tranquility of residential neighborhoods.
(b)
Loud gatherings or parties. Hosting parties or gatherings that create excessive noise or disturbance beyond reasonable levels, particularly during the nighttime hours.
(c)
Verbal disturbances. Engaging in shouting, arguing, or using profane or offensive language that disrupts the quiet enjoyment of the neighborhood.
(d)
Physical altercations. Participating in fights or other physical disturbances that threaten public peace.
(e)
Animal disturbances. Failing to control animals that produce continuous noise, including excessive barking or howling, which disturbs the peace of nearby residents.
(f)
Vehicle noise. Operating motor vehicles, motorcycles, or any other transport in a manner that produces loud, disruptive noise in residential areas.
(3)
Prohibited conduct throughout the Borough of Garwood.
(a)
Loading and unloading. Loading, unloading, opening, closing or other handling of newspapers, boxes, crates, bundles, containers, building materials, liquids, or the pneumatic or pumped loading or unloading of bulk materials in liquid, gaseous, powder or pellet form, or the compacting of refuse by persons engaged in the scavenging business, between the hours of 10:00 p.m. and 7:00 a.m. weekdays, 8:00 a.m. Saturdays and 9:00 a.m. Sundays, when the sound therefrom creates a noise disturbance across a residential property line.
(b)
Standing motor vehicles. Operating or permitting the operation of any motor vehicle whose manufacturer's gross weight is in excess of 10,000 pounds, or any auxiliary equipment attached to such a vehicle, for a period of longer than five minutes in any hour while the vehicle is stationary within 150 feet of any residential property line between the hours of 10:00 p.m. and 7:00 a.m. weekdays, 8:00 a.m. Saturdays and 9:00 a.m. Sundays.
(c)
Construction and demolition. Operating or permitting the operation of any tools or equipment used in construction, drilling, earthmoving, excavating or demolition work between the hours of 10:00 p.m. and 7:00 a.m. weekdays, 8:00 a.m. Saturdays and 9:00 a.m. Sundays.
(d)
Exhausts. Permitting or causing the discharge into the open air of the exhaust of any steam engine, stationary internal-combustion engine or motor vehicle except through a muffler or other device which effectively prevents a noise disturbance.
(e)
Yelling, shouting. Yelling, shouting, hooting, whistling or singing on the public streets, or within 150 feet of any residential property line, between the hours of 10:00 p.m. and 7:00 a.m. weekdays, 8:00 a.m. Saturdays and 9:00 a.m. Sundays.
(f)
Horns. The sounding of a horn or warning device on any 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 a warning of impending danger to persons driving other vehicles, or to persons upon the street. No person shall sound a horn or warning device on any automobile, motorcycle, bus or other vehicle which emits an unreasonable loud or harsh sound or for any unnecessary or unreasonable period of time.
(g)
Equipment. The utilizing of any equipment, machine or other mechanical device between the hours of 10:00 p.m. and 7:00 a.m. weekdays, 8:00 a.m. Saturdays and 9:00 a.m. Sundays, when the sound therefrom creates a noise disturbance across a residential property line.
(4)
Exceptions. The provisions of this article shall not apply to:
(a)
Noncommercial public speaking and public assembly activity lawfully conducted on any public space or public right-of-way at any time other than between the hours of 10:00 p.m. and 7:00 a.m. weekdays, 8:00 a.m. Saturdays and 9:00 a.m. Sundays.
(b)
Noise from municipally hosted celebrations or events.
(c)
The emission of sound by any public entity or public utility in the performance of any emergency work to deliver essential services, including, but not limited to, water, gas, electricity, telephone, sewer facilities or public transportation facilities, or to remove fallen trees on public rights-of-way, or to abate life-threatening conditions.
(d)
Emergency situations. Conduct that occurs as part of an emergency response by law enforcement, fire, medical, or other emergency personnel.
(e)
Government-sanctioned events. Public events, festivals, or other activities that are permitted or licensed by the Borough or other governmental authorities and are subject to prior approval.
(f)
Construction and maintenance. Noise resulting from necessary construction, repairs, or maintenance work, provided such activities occur during reasonable hours as defined by local code or ordinance. In the event of emergency circumstances, such as urgent repairs to essential infrastructure or public utilities, construction and maintenance work may take place outside of established hours to address immediate safety concerns or environmental hazards.
(g)
Generators. The use of portable or standby generators is generally subject to restrictions to ensure the safety, noise control, and overall harmony of the community. However, the use of generators is permitted during officially declared states of emergency or other natural events when such equipment is necessary to provide adequate power to a structure. During these times, residents may operate generators to maintain essential services such as refrigeration, heating, cooling, or medical equipment. Once the emergency or event has passed and normal power is restored, generator use must cease in accordance with standard policy.
(5)
Penalties for violation.
(a)
First offense. Any person found in violation of this section shall be issued a citation and shall be subject to a fine not exceeding $250, and/or a written warning.
(b)
Second offense. Any person found in violation of this section after having received a written warning or citation for a prior offense within six months shall be subject to a fine not exceeding $500 or imprisonment for up to 15 days, or both.
(c)
Subsequent offenses. For any person found in violation of this section on three or more occasions within 12 months, the individual shall be subject to a fine not exceeding $1,000, imprisonment for up to 15 days, and may be subject to further legal action under applicable state or local laws.
(d)
Court action. Any person charged with violating this section shall be entitled to a hearing before the Borough of Garwood Municipal Court or appropriate judicial authority.
(6)
Enforcement.
(a)
The Garwood Police Department shall have the authority to enforce the provisions of this section, including the issuance of citations, fines, and, when necessary, the arrest of individuals violating this section.
(b)
Law enforcement officers are authorized to respond to complaints from residents, investigate incidents of disturbance, and take immediate action to restore peace when necessary.
(7)
Severability. If any part of this section is determined by a court of competent jurisdiction to be invalid, the remainder of the section shall remain in full force and effect.