[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.]
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.
