[HISTORY: Adopted by the Borough of Rutherford Council 8-7-1984 by
Ord. No. 2376-84. Amendments noted where applicable.]
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:
(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:
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.
A.
Unless exempted under the provisions of this chapter,
no person shall cause to be made, directly or indirectly, any loud noise which
disturbs, injures or endangers the health, comfort, safety or welfare of others
within the Borough of Rutherford.
B.
The following specific acts are declared to be loud,
disturbing and unnecessary noises in violation of this chapter, but said enumeration
shall not be deemed to be exclusive:
(1)
The sounding of any horn or signaling device on any automobile,
motorcycle, bus, truck or other vehicle on any street, road or public place
(except as a warning pursuant to the provisions of N.J.S.A. 39:3-69), or whistle
or other device operated by engine exhaust; and the use of any such signaling
device when traffic is for any reason held up.
(2)
The use of radio or television receiving sets, musical
instruments, phonographs or any other machine or device for the producing
or reproducing of sound in such manner as to disturb the peace, quiet and
comfort of the neighboring inhabitants or, at any time, with volume louder
than is necessary for convenient hearing of the person or persons who are
in the room or vehicle in which such machine or device is operated and who
are voluntary listeners thereto. The operation of any such device between
the hours of 10:00 p.m. and 7:00 a.m. in such manner as to be plainly audible
at a distance of 50 feet from the building, structure or vehicle in which
it is located or, in the case of such instruments operated in the open, at
a distance of 50 feet from the instrument, shall be prima facie evidence of
a violation of this section.
(3)
The use of any radio, receiving set, musical instrument,
phonograph, loudspeaker, sound amplifier or other machine or device for the
producing or reproducing of sound which is cast upon the public streets for
the purposes of commercial advertising.
(4)
The keeping of any animal or bird which, by causing frequent
or long-continued noise, shall disturb the comfort or repose of persons residing
in the vicinity.
(5)
The discharge into the open air of the exhaust of any
internal-combustion engine, except through an adequate muffler or other device
which will effectively prevent loud or explosive noises therefrom. (See N.J.S.A.
39:3-70 for state law regarding muffler requirements on motor vehicles.) This
includes, by way of example and not by way of limitation, internal combustion
engines powering motor vehicles.
(6)
The creation of a loud and excessive noise in connection
with loading and unloading any vehicle or the opening or destruction of bales,
boxes, crates and containers.
(7)
The erection (including excavating), demolition, alteration
or repair of any building other than between the hours of 7:00 a.m. and 9:00
p.m., except in case of urgent necessity in the interest of public health
and safety, and then only with a permit from the Building Inspector, which
permit may be granted for a period not to exceed three days while the emergency
continues and which permit may be renewed for a period of three days or less
while the emergency continues.
(8)
The use of any blower, fan or pump engine or motor in
connection therewith, including, by way of example and not by way of limitation,
air-conditioning systems, compression devices and pool filter systems, if
such use creates loud, penetrating or continuous noises that disturb the comfort
or repose of persons residing in the vicinity.
(9)
The creation of any excessive noise adjacent to any school,
institution of learning, house of worship or judicial court, while the same
are in use, or adjacent to any hospital which unreasonably interferes with
the workings of such institution or which disturbs or unduly annoys patients
in the hospital, provided that conspicuous signs are displayed on the adjacent
streets indicating that the same is a school, hospital, church or court street.
(10)
The shouting and crying of peddlers, hawkers and vendors
in and among the public streets.
(11)
The use of any drum, bell, horn, loudspeaker or other
instrument or device for the purpose of attracting attention to any performance,
show or sale, or display of merchandise by any creation of noise or sound.
(12)
The use of mechanical loudspeakers or amplifiers on vehicles
or aircraft.
(13)
Lawn mowers and chain saws, powered by internal-combustion
engines, between the hours of 9:00 p.m. and 7:00 a.m.
(14)
The erection (including excavating), demolition, alteration
or repair of any building by commercial contractors on Sunday, except in the
case of urgent necessity in the interest of public health and safety, and
then only with a permit from the Building Inspector.
[Added 2-5-1985 by Ord. No.
2397-85]
C.
If any person who is not exempted under the provisions of this chapter shall cause to be made any of the noises prohibited under this section and if said noises shall be proved to be in violation of the sound levels prescribed under Subsection A above, said proof shall be sufficient to prove a violation under this section.
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.
