[HISTORY: Adopted by the Mayor and Council of the Borough of River
Edge 12-31-1975 as § 4-3 of the 1975 Code. 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.
ANIMALS, BIRDS
CONSTRUCTION or REPAIR
DEFECT IN VEHICLE OR LOAD
EXHAUST
HORNS
PUBLIC SALES, TAXICABS
RADIOS, TELEVISIONS, PHONOGRAPHS
SCHOOLS, COURTS, CHURCHES, HOSPITALS
YELLING, SHOUTING
Without intending to limit the generality of § 296-1, the following acts as defined herein are declared to be examples of loud, disturbing and unnecessary noise in violation of this section:
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 122 of this Code.
The carrying on of excavation, demolition, construction, repair or
alteration work other than between the hours of 8:00 a.m. and 8:00 p.m.; the
carrying on of construction, repair or alteration work by a homeowner on his
own dwelling or property, other than between the hours of 8:00 a.m. and 9:00
p.m. In the case of urgent necessity or in the interest of public health or
safety, the Public Works Manager may grant a permit for excavation, demolition,
construction, repair or alteration work for a period not to exceed three (3)
days, by the terms of which permit such work may be carried on between 8:00
p.m. and 8:00 a.m.
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.
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.
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.
Public outcries shall be prohibited at or for any public sale or
auction or to advertise any goods, wares or merchandise for sale or to attract
any attention, or to gain passengers for any cab, taxicab, hack or omnibus.
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 10:00 p.m. and 8:00 a.m. so that it is clearly audible at a distance
of one hundred (100) feet from the building, structure or vehicle in which
it is located shall be prima facie evidence of a violation of this chapter.
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.
Yelling, shouting, hooting, whistling or singing on the public streets,
particularly between the hours of 10:00 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.
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 the Mayor and Council or their agents.
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:
A.
Sound trucks shall not be operated in residential zones
in the borough before 9:00 a.m. and after 7:00 p.m.
B.
Moving sound trucks shall keep to the extreme right-hand
side of the road and shall proceed at a speed of not less than ten (10) miles
per hour.
C.
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.
[Amended 3-21-1988 by Ord. No.
955[1]]
For a violation of any provision of this chapter, the maximum penalty,
upon conviction thereof, shall be a fine not exceeding one thousand dollars
($1,000.), or imprisonment for up to ninety (90) days, or a period of community
service not exceeding ninety (90) days, or any combination thereof.
