[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.
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:
- 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 122 of this Code.
- CONSTRUCTION or REPAIR
- 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.
- 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.
- 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 SALES, TAXICABS
- 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.
- 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 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.
- 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.
- YELLING, SHOUTING
- 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.
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:
The use of bells, chimes or sound amplifiers by churches engaged in church activities.
Activities of borough departments in the performance of their duties, drills or public demonstrations.
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:
Sound trucks shall not be operated in residential zones in the borough before 9:00 a.m. and after 7:00 p.m.
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.
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]
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.