This chapter shall be known and may be cited as the "Noise Control Ordinance
of the Borough of Rutherford."
It is hereby found and declared that it is the public policy of the
Borough of Rutherford to significantly reduce the ambient noise level in Rutherford,
so as to foster and protect the public health, comfort, safety and welfare
of its citizenry. As a matter of legislative determination and public policy,
the provisions, regulations and prohibitions of this chapter are in pursuance
of and for the purpose of securing and promoting the comfort, peace and quiet
to which the residents of Rutherford are entitled.
As used in this chapter, all acoustical words and terms shall have the
meanings set forth in the publication of the American National Standards Institute,
New York, New York, entitled "Acoustical Terminology," USASI SI.I-1960; all
equipment used in making acoustical measurements shall meet or exceed the
requirements set forth in the publication of said Institute entitled "Specification
for General Purpose Sound Level Meters," USASI SI.4-1961; and all such measurements
so made shall be made in full accordance with the methods and procedures set
forth in USASI SI.2-1962 entitled "Methods for the Physical Measurement of
Sound."
No person or persons, association, firm or corporation shall make, continue
or cause to permit to be made or continued any unreasonably loud, disturbing
and unnecessary noise.
Any act in violation of the provisions of this section of this chapter is deemed to be in violation of §
63-4 of this chapter, without in any way limiting the generality of the provisions of said §
63-4.
A. No person shall cause to be made, directly or indirectly,
by any means whatsoever, except vehicles, whether mechanical or not, any sound
that either:
(1) Exceeds the following measurements on the A-weighting
scale of sound level meter, when measured at any point on the property of
any other person:
(a) Sixty-five decibels [dB(A)'s] between the hours of 7:00
a.m. and 10:00 p.m.
(b) Fifty-five decibels [dB(A)'s] between the hours of 10:00
p.m. and 7:00 a.m.
(2) Exceeds the following measurements on the A-weighting
scale of the sound level meter, when measured from the center of a room belonging
to or leased to any person other than the person responsible for the making
of the noise:
(a) Fifty decibels [dB(A)'s] between the hours of 7:00 a.m.
and 10:00 p.m.
(b) Forty decibels [dB(A)'s] between the hours of 10:00 p.m.
and 7:00 a.m.
B. A noise measured or registered from a vehicle within
borough limits at a distance of at least 25 feet from the noise source shall
not exceed 88 decibels [dB(A)'s] on the A-weighting scale. Interstate carriers
shall be excepted from this subsection until such time that the federal government
establishes controlling noise levels for these vehicles.
The prohibitions contained in this chapter shall not apply to:
A. Persons who are engaged in the performance of any public
or governmental function such as the sounding of a church or school bell or
a police, fire, ambulance, air raid or like disaster warning, alert or alarm,
whether such alarm is for an actual emergency purpose or for practice or drilling
purposes.
B. Military or civic parades, celebrations or other public
gatherings for which a permit has been issued by the Mayor and Council.
C. Persons who are engaged in any activity specifically
permitted or required by any ordinance, resolution, statute or governmental
regulations.
D. Persons employed by public utility companies engaged
in emergency repair services between the hours of 6:00 p.m. and 8:00 a.m.;
provided, however, that such noise shall not exceed levels reasonably necessary
to accomplish such work.
The provisions of this chapter shall be severable, and if any of the
provisions hereof shall be held to be unconstitutional, the decision of the
court respecting such provision or provisions shall not affect the validity
of any other provisions which can be given effect without such invalid provision
or provisions.
[Amended 12-1-1992 by Ord.
No. 2665-92]
Any person or persons, association, firm or corporation violating any
of the terms or provisions of this chapter shall, upon conviction, be liable
to pay a fine not exceeding $1,000 or be imprisoned in the county jail for
a term not exceeding 30 days, or both.
This chapter shall take effect immediately upon publication according
to law.