Borough of Park Ridge, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Park Ridge 8-13-1979 by Ord. No. 79-10. Amendments noted where applicable.]
Peace and good order — See Ch. 78.
Public health nuisances — See Ch. 112.
As used in this chapter, the following terms shall have the meanings indicated:
Any mechanism which is intended to produce or which actually produces noise when operated or handled.
A motor vehicle used in response to a public calamity or to protect persons or property from imminent danger.
Work made necessary to restore property to a safe condition following a public calamity, work to restore public utilities or work required to protect persons or property from an imminent exposure to danger.
Any vehicles which are propelled or drawn by mechanical equipment, such as, but not limited to, passenger cars, trucks, truck-trailers, semi-trailers, campers, motorcycles, minibikes, mopeds, go carts or racing vehicles.
Any apparatus consisting of baffles, chambers or acoustical absorbing materials whose primary purpose is to transmit liquids or gases while causing a reduction in sound emission at one end.
Any sound which is unwanted or which causes or tends to cause an adverse psychological effect on human beings.
Any sound which annoys, disturbs or perturbs reasonable persons with normal sensitivities; or any sound which injures or endangers the comfort, repose, health, hearing, peace or safety of other persons.
Any individual, association, partnership or corporation, and includes any officer, employee, department, agency or instrumentality of the United States, a state or any political subdivision of that state.
Any powered vehicles, either airborne, waterborne or landborne, which are designed not to carry persons or property, such as, but not limited to, model airplanes, boats, cars and rockets, and which can be propelled by mechanical means.
An imaginary line at the ground surface which separates the real property owned by one person from that owned by another person, and its vertical extension.
A temporal and spatial oscillation in pressure, or other physical quantity, in a medium with internal forces that causes compression and rarefaction of that medium and which propagates at finite speed to distant points.
Any Monday, Tuesday, Wednesday, Thursday or Friday which is not a legal holiday.
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 or to create any unreasonably loud, disturbing and unnecessary noise of such character, intensity or duration as is detrimental to the life or health of any individual or persons within the limits of the Borough of Park Ridge.
The following acts are declared to be loud, disturbing and unnecessary noises in violation of this chapter, but such enumeration shall not be construed to be a limitation or be deemed to be exclusive:
The use of a sound truck with sound amplification in operation.
The sounding of any horn or signaling device on any vehicle, except as a danger warning, or the sounding of any horn or signaling device for any unnecessary and unreasonable period of time in times of traffic holdups or the use of any horn, whistle or other device operated by engine exhaust.
The playing or operating of any radio, phonograph, television, musical instrument or other machine or device for the production or reproduction of sound in such a manner or volume as to cause a noise disturbance to others in the vicinity.
Playing or operating any of the aforementioned devices between the hours of 11:00 p.m. and 8:00 a.m. the following day in such a manner as to be plainly audible across real property boundaries or through partitions common to two parties within a building or plainly audible at 50 feet from such device when operated within a motor vehicle parked on a public right-of-way or on a public space.
The use, or permission to use, on the public streets of the Borough any loudspeaker, amplifier, radio, phonograph or other machine or device for the purpose of commercial advertising or attracting the attention of the public, nor shall a loudspeaker or mechanical device in a fixed or movable position, exterior to any building, or mounted upon any motor vehicle such that the sound therefrom is plainly audible at or beyond the property boundary of the source be permitted or used.
Yelling, shouting, hooting, whistling or singing in the public streets, particularly between the hours of 11:00 p.m. and 8:00 a.m. the following day, so as to annoy and disturb the quiet, comfort or repose of persons in any office, dwelling, hotel or other type of residence or of any persons in the vicinity.
The blowing of any locomotive whistle or whistle attached to any stationary boiler, except to give notice of the time to begin or to stop work or as a warning of distress, fire or danger or upon request of proper Borough authorities.
The discharge into open air of the exhaust of any steam engine, stationary internal combustion engine, motor vehicle engine, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
The use of any automobile, motorcycle or vehicle so out of repair, so loaded or in such a manner as to create loud and unnecessary grating, grinding, rattling or other noise.
The creation of a noise disturbance in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and containers.
The erection (including excavation), demolition, alteration or repair of any building, other than between the hours of 8:00 a.m. and 6:00 p.m. on weekdays, except in the case of urgent necessity in the interest of public health and safety; provided, however, that a permit therefor has been obtained from the Construction Code Official. Such permit may be granted while the emergency continues for a period not to exceed three days and may be renewed for periods of three days or less.
The creation of any excessive or disturbing noise on any street adjacent to any school, institution of learning, church or court, provided that conspicuous signs are displayed in such streets indicating the proximity of such institutions.
The shouting or crying of peddlers, hawkers and vendors which disturbs the peace and quiet of the neighborhood.
The operation between the hours of 6:00 p.m. and 8:00 a.m. the following day of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist or other appliances, the use of which is attended by loud or unusual noise.
The operation of any blower, fan or internal combustion engine resulting in noise from the exploding of operating gases or fluids, unless such blower, fan or engine is equipped with a sound-deadening muffler.
Operating or causing to be operated any equipment used in commercial construction, repair, alteration or demolition work on buildings, structures, streets, alleys or appurtenances thereto, in residential or commercial land use categories, between the hours of 6:00 p.m. and 8:00 a.m. the following day on weekdays, and between 6:00 p.m. Saturday night and 8:00 a.m. Monday morning and on legal holidays.
Repairing, rebuilding, modifying or testing any motor vehicle or off-road vehicle in or near a residential district in such a manner as to cause a noise disturbance.
Owning, keeping, possessing or harboring any animal or animals or bird or birds which, by frequent or habitual howling, barking, meowing, squawking or other noise-making, cause a noise disturbance.
Operating or permitting the operation of powered model vehicles between the hours of 8:00 p.m. and 8:00 a.m. the following morning.
Operating or permitting the operation of the motor of any motor vehicle whose manufacturer's gross weight is in excess of 10,000 pounds or any attached auxiliary equipment for a period longer than three minutes in any hour while such vehicle is stationary on a public right-of-way in a residential district or in any designated quiet zone, or is on private property in a residential or commercial zone and is not within a completely enclosed structure.
The sounding or permitting the sounding of any exterior burglar alarm on any building or motor vehicle unless such burglar alarm shall terminate its operation within 15 minutes of its being activated.
Operating, or permitting to be operated, any powered saw, sander, drill, grinder, garden equipment or tools of like nature, used primarily for domestic purposes, outdoors in residential districts between the hours of 8:00 p.m. and 8:00 a.m. the following day.
Noise caused in the performance of emergency work for the immediate safety, health or welfare of the community or to restore property to a safe condition following a public calamity shall not be subject to the provisions of this chapter. Nothing in this section shall be construed to permit law enforcement, ambulance, fire or other emergency personnel to make excessive noise in the performance of their duties when such noise is clearly unnecessary. The use of stationary emergency signaling devices shall be for emergency use only.
The prohibitions contained in this chapter shall not apply to persons who are engaged in:
Political activity by means of a sound truck or other amplifying device, within 14 days prior to a general, primary or special election.
Any activity specifically permitted or required by an ordinance, resolution, statute or governmental regulation.
Any recreational activity organized or recognized by the Borough of Park Ridge, in a location designated by the Borough of Park Ridge for such activity.
The sounding of church bells for religious purposes.
The Borough Council may cause the Borough Clerk to issue permits by resolution for the use of loudspeakers and amplifiers in connection with nonprofit, charitable, educational, civic, religious or recreational activities if the Council shall find that the activities will not unduly or unnecessarily annoy, disturb, injure or endanger the comfort, repose, health, peace or safety of others, that the activities will not violate any other ordinance or law to create a public nuisance and that the public health and safety will not be endangered thereby. Permits issued hereunder shall specify the dates and hours of the permitted activities, which shall not be allowed between the hours of 10:00 p.m. and 7:00 a.m. unless the issuing officer shall determine that it is in the best interest of the community that the activities take place wholly or partially during such hours. The permits shall not be issued for a period in excess of three days.
The Borough Clerk is authorized to adopt and use such forms of applications and permits as may be required. Each application for a permit shall be accompanied by a fee of $10 which shall be in cash or check made payable to the Borough of Park Ridge.
It shall be the duty and responsibility of the Police Department of the Borough of Park Ridge to enforce the provisions of this chapter.
Violation of this chapter shall be cause for summons and complaint to be issued forthwith; provided, however, that if the noise source is not a motor vehicle moving on a public right-of-way, in lieu of a summons and complaint, enforcement personnel may issue a twenty-four-hour notice, in writing, which may be served personally or by certified mail to the last known address of the person or persons in charge of or in control of the device, building or premises to abate said violation of this chapter. Failure to comply with the order so issued and served shall constitute a violation of this chapter.
Proof of a violation of any provision or provisions of §§ 75A-2 or 75A-3 hereof shall not require proof of the decibel level of the noise which is alleged to constitute such violation.
In order to implement the purposes of this section, the Mayor and Council and/or Police Department of the Borough of Park Ridge shall have the power to:
Conduct, or cause to be conducted, studies, research and monitoring related to noise.
Conduct programs of public education regarding the causes and effects of noise and to encourage the participation of public interest groups in related public information efforts.
For reasonable cause and upon presentation of proper credentials, enter any building, property, premises or place and inspect any noise source for the purpose of ascertaining the compliance or noncompliance with any provision of this section or have access to, and require the production of, books and papers pertinent to any matter under investigation.
Require the owner or operator of any noise source to establish and maintain records and make such reports as the Police Department may reasonably prescribe.
Require the owner or operator of any noise source to measure the noise emissions thereof in accordance with such methods and procedures and at such locations and times as the Police Department may reasonably prescribe.
Any person, as defined in this chapter, who shall be found guilty of violating any provision of this chapter shall, for each offense, be fined a sum of not more than $500 or be imprisoned for a period not exceeding 90 days, or both, in the discretion of the court hearing the complaint. Each day of such violation's continuance shall be considered a separate offense and shall be separately punishable.
The operation or maintenance of any noise source in violation of any provision of this chapter shall be deemed and is declared to be a public nuisance and may be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction or in any other manner available for the abatement of public nuisances.
Nothing in this chapter shall be construed to impair any cause of action, or legal remedy therefor, of any person for injury or damage arising from any violation of this chapter.