[HISTORY: Adopted by the Mayor and Council
of the Borough of Totowa 12-4-1979 by Ord. No. 19-79 (Ch. 93, Art. IV, of
the 1974 Code). Amendments noted where applicable.]
It shall be unlawful for any person to make,
continue or cause to be made or continued any loud, unnecessary or
unusual noise or any noise which either annoys, disturbs, injures
or endangers the comfort, repose, health, peace or safety of others
within the limits of the Borough of Totowa.
A.
The following acts are hereby declared to be examples
of loud, disturbing and unnecessary noise in violation of this chapter:
(1)
Radios; televisions; phonographs. The using, operation
or permitting to be played, used or operated of any radio-receiving
set, television, musical instrument, phonograph or other machine or
device for the producing or reproducing of sound in such manner as
to disturb the peace, quiet and comfort of the neighboring inhabitants
or with louder volume than is necessary for the convenient hearing
of the person or persons who are in the room, vehicle or chamber in
which such machine or device is operated and who are voluntary listeners
thereto. The operation of any such set, instrument, phonograph, machine
or device between the hours of 11:00 p.m. and 7:00 a.m., in such manner
as to be plainly 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)
Loudspeakers; sound amplifiers. The playing, using
or permitting the playing, using or operating of any radio-receiving
set, musical instrument, phonograph, loudspeakers, sound amplifier
or other medium or device for the producing or reproducing of sound
or loud noise on the streets or in public places, or which is so placed
and operated that the sound therefrom can be heard to the annoyance
or inconvenience of any person in such public place, street or on
neighboring premises; provided, however, that a sound truck may be
operated under regulation of and pursuant to permission for temporary
use upon application to and approval by the Council or officer to
whom such duty is delegated.
(3)
Yelling; shouting. Yelling, shouting, hooting, whistling
or singing on the public streets, particularly between the hours of
11:00 p.m. and 7:00 a.m., or at any time or place so as to annoy or
disturb the quiet, comfort or repose of persons in any office, dwelling
or other type of residence or of any persons in the vicinity.
(4)
Animals; birds. The keeping of any animals, fowl or
birds which, by causing frequent or long-continued noise, shall disturb
the comfort or repose of any person in the vicinity.
(5)
Horns. The sounding of any 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
any horn or warning device on any automobile, motorcycle, bus or other
vehicle which shall emit an unreasonably loud or harsh sound, or for
any unnecessary or unreasonable period of time.
(6)
Exhaust. 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 will effectively
prevent loud or explosive noises therefrom.
(7)
Defect in vehicle or load. The use of any automobile,
motorcycle or vehicle so out of repair, so loaded or in such manner
as to create loud and unnecessary grating, grinding, rattling or other
noise. Operating or use of any motor vehicle, motorcycle, snowmobile,
minibike and other like engines which shall make any loud noise on
the streets, public places or on private property causing annoyance
or inconvenience of any person or persons in such public place, street
or on neighboring premises for any unnecessary or unreasonable period
of time.
(8)
Construction or repair. Operating or use of any pile
drivers, steam shovels, pneumatic hammers, derricks, steam or electric
hoists, or any tools or equipment which shall make any loud or disturbing
noise, on any weekday between the hours of 7:00 a.m. and 6:00 p.m.
or on any Saturday between the hours of 9:00 a.m. and 6:00 p.m., in
conducting any excavation, demolition, erection, alteration, repair,
or other building operations withing 1,000 feet of any dwelling or
business property, except in the case of urgent necessity in the interest
of public safety, and then only upon obtaining a permit from the Constriction
Code Officer, which permit may be renewed for a period of three days
or less while the emergency continues. No work is permitted on Sundays
or legal holidays.
[Amended 1-24-2023 by Ord. No. 02-2023]
(9)
Schools; courts; churches; hospitals. The creation
of any excessive noise on any street adjacent to any school, institution
of learning, church or court while the same is in use, or adjacent
to any hospital which unreasonably interferes with the working of
such institution or which disturbs or unduly annoys patients in the
hospital, provided that conspicuous signs are displayed in such street
indicating that the same is a school, hospital or court street.
(10)
Whistles. The sounding of any or the blowing
of any whistle attached to any building or locomotive except as a
warning to prevent injury to life or property.
(11)
Peddlers; hawkers and vendors. The shouting
or crying out his wares of any peddler, hawker or vendor upon any
street or public place.
(12)
Loading and unloading operations. The creation
of any loud or excessive noises in connection with the loading or
unloading of any vehicle or the opening or destruction of bales, boxes,
crates or containers, more especially between the hours of 10:00 p.m.
and 7:00 a.m.
(13)
Drums, etc. The using or playing of any drum,
loudspeaker or other instrument or devise or the creating of any noise
for the purpose of attracting attention to any performance, show or
sale or display of merchandise.
(14)
Cooling apparatus. The operation of any air
conditioners, refrigerator unit, cooling tower, evaporative condenser,
air-cooled condenser, mechanical fan, compressor unit or other such
apparatus which causes frequent, irregular or continued noise which
causes discomfort or annoyance to or which reasonably invades the
privacy of the public.
B.
The above enumeration is only 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
in church activities.
B.
Activities of the Borough departments in the performance
of their duties, drills or public demonstrations.
C.
Activities in the public parks, playgrounds or public
buildings under the permissions or authority of Borough officials.
D.
Any public utility as defined in Title 48 of the Revised
Statutes of New Jersey, or to any employee of such public utility
when such public utility or its employees shall be engaged in performing
work to prevent the threatened interruption of its services or to
terminate the interruption of its service rendered to its customers.
Sound trucks may be operated in accordance with
the following regulations upon the issuance of a permit by the Police
Chief for each occasion and each location:
[Amended 8-27-2002 by Ord. No. 20-2002; 3-28-2006 by Ord. No. 07-2006]
Any person who violates any of the provisions
of this chapter, shall upon conviction, be punished by a fine not
exceed $2,000 for each offense or by imprisonment for a term not to
exceed 90 days or a requirement of community service not to exceed
90 days. A separate offense shall be deemed committed on the day on
which a violation occurs and each day the violation continues to occur.
