Borough of Old Tappan, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Old Tappan 5-26-1975 as Sec. 3-3 of the 1975 Code, as amended through Ord. No. 549-95. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Barking dogs — See Ch. 91.
Offensive noise emanating from use of property — See Ch. 218, § 218-34.
Operation of off-road vehicles — See Ch. 245.
Keeping of noisy animals — See Ch. 265.
Public health nuisances — See Ch. 287.
It shall be unlawful for a person to 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.
A. 
Without intending to limit the generality of § 170-1, 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 playing, use or operation 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 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 11:00 p.m. and 7:00 a.m., so that it is clearly audible at a distance of 25 feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this section.
(2) 
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, 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, birds. The keeping of animals or birds which, by causing frequent or long-continued noise, disturbs the comfort or repose of any person in the vicinity, but nothing herein contained is intended to apply to a dog pound or kennel licensed in accordance with Chapter 91 of the Code of the Borough of Old Tappan.
(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 a 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, stationary 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) 
Racing of motors. The racing of any motor of any vehicle in a manner other than that needed for normal operation of the vehicle.
(8) 
Construction or repair. The carrying on of excavation, demolition, construction or alteration work shall be permitted between the hours of 7:00 a.m. and 8:00 p.m. Monday through Friday, except federal holidays, between the hours of 8:00 a.m. and 6:00 p.m. on Saturday, and shall be prohibited at all other times, including but not limited to the entire day on Sunday and federal holidays. The carrying on of construction repair or alteration work by a homeowner on his own dwelling or property shall be permitted between the hours of 7:00 a.m. and 9:00 p.m. Monday through Friday, between the hours of 8:00 a.m. and 7:00 p.m. on Saturday, between the hours of 9:00 a.m. and 5:00 p.m. on Sunday and federal holidays and shall be prohibited at all other times. In case of urgent necessity or in the interest of public health or safety, the Superintendent of Public Works or the Chief of Police 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 7:00 a.m. or on Sundays or federal holidays.
[Amended 7-24-2006 by Ord. No. 916-06]
(9) 
Schools, courts, churches, 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.
(10) 
Landscapers. The use of gas-powered equipment, including leaf blowers, lawn mowers, edgers and other gas-powered landscaping equipment shall only be permitted on weekdays from 8:00 a.m. to 6:00 p.m. and on Saturdays from 8:00 a.m. to 5:00 p.m., and shall be prohibited at all other times, including on Sundays and federal holidays.
[Added 4-2-2018 by Ord. No. 1126-18]
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 borough officials.
D. 
The playing by a band or orchestra in a hall or building or in the open air where duly authorized.
A. 
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:
(1) 
Sound trucks shall not be operated in residential zones in the borough before 9:00 a.m. and after 7:00 p.m.
(2) 
Sound trucks shall not be operated in commercial zones in the borough before 9:00 a.m. and after 9:00 p.m.
(3) 
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.
(4) 
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.
B. 
For the purposes of this section "residential zones" shall mean the zones so designated in Chapter 255, Zoning, and "commercial zones" shall mean and include all parts of the borough other than residential zones.