[HISTORY: Adopted by the Township Committee of the Township of Wyckoff 9-20-1966
as Ord. No. 513. Section 143-5 amended at time of adoption
of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where
applicable.]
GENERAL REFERENCES
Memorial Field — See Ch. 138.
A.
It is found and declared that:
(1)
The making and creation of loud, unnecessary or unusual
noises within the limits of the Township of Wyckoff is a condition which has
existed for some time and the extent and volume of such noises is increasing.
(2)
The making, creation or maintenance of such loud, unnecessary,
unnatural or unusual noises which are prolonged, unusual and unnatural in
their time, place and use affect and are a detriment to the public health,
comfort, convenience, safety, welfare and prosperity of the residents of the
Township of Wyckoff.
(3)
The necessity in the public interest for the provisions
and prohibitions hereinafter contained and enacted is declared as a matter
of legislative determination and public policy, and it is further declared
that the provisions and prohibitions hereinafter contained and enacted are
in pursuance of and for the purpose of securing and promoting the public health,
comfort, convenience, safety, welfare and prosperity and the peace and quiet
of the Township of Wyckoff and its inhabitants.
B.
In determining whether a noise violates this chapter,
it is intended that the effect of the noise on ordinary and reasonable persons
and not the effect upon overly sensitive persons be controlling.
It shall be unlawful for any person to make, continue or cause to be
made or continued or for any property owner to permit or allow to emanate
from his property 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 within the limits of the Township.
The following acts, among others, are declared to be loud, disturbing
and unnecessary noises in violation of this chapter, but said enumeration
shall be deemed to be exclusive, namely:
A.
Horns, signaling devices, etc. The sounding of any horn
or signaling device on any automobile, motorcycle, streetcar or other vehicle
on any street or public place of the Township, except as a danger warning;
the creation by means of any such signaling device of any unreasonably loud
or harsh sound; and the sounding of any such device for an unnecessary and
unreasonable period of time. The use of any signaling device except one operated
by hand or electricity; the use of any horn, whistle or other device operated
by engine exhaust; and the use of any such signaling device when traffic is
for any reason held up.
B.
Radios, phonographs, etc. Playing, using, operating or
permitting to be played, used or operated any electronic receiving set, musical
instrument, phonograph or other machine or device for the production or reproduction
of sound with louder volume than is necessary for convenient hearing of the
person so playing, using or operating such instrument or device and such persons
who are voluntary listeners thereto or in such manner as to disturb the peace,
quiet and comfort of neighboring inhabitants. The use or operation of any
such instrument, electronic amplifier, phonograph, machine or device between
the hours of 11:00 p.m. and 7:00 a.m. in such manner as to be plainly audible
for a distance of 100 feet or greater from the building, structure, vehicle
or place in which it is used or operated shall be prima facie evidence of
a violation of this chapter.
C.
Loudspeakers, amplifiers for advertising. The using,
operating or permitting to be played, used or operated 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 purpose of commercial advertising or attracting
the attention of the public to any building or structure.
D.
Yelling, shouting, etc. Yelling, shouting, hooting, whistling
or singing particularly between the hours of 11:00 p.m. and 7:00 a.m. or at
any other time so as to annoy or disturb the quiet, comfort or repose of persons
in any office or in any dwelling or other type of residence, or of any persons
in the vicinity.
E.
Animals, birds, etc. The keeping of any animal or bird
which, by causing frequent or long-continued noise, shall disturb the comfort
or repose of any persons in the vicinity.
F.
Exhausts. The discharge into the open air of the exhaust
of any steam engine, stationary internal-combustion engine, motorboat or motor
vehicle except through a muffler or other device which will effectively prevent
loud or explosive noises therefrom.
G.
Defect in vehicle or load. The use of any automobile,
motorcycle or vehicle so out of repair, so loaded or in such manner as to
create loud and unnecessary grating, grinding rattling or other noise.
H.
Loading, unloading, opening boxes. The creation of unnecessary
noise in connection with loading or unloading any vehicle or the opening and
destruction of bales, boxes, crates and containers between the hours of 11:00
p.m. and 7:00 a.m., except in case of urgent necessity, is hereby prohibited.
I.
Construction or repairing of buildings. Creating any
audible noise by the erection (including excavating and landscaping), demolition,
alteration or repair of any building other than between the hours of 7:00
a.m. and 6:00 p.m. on days other than Sunday, 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 or less while the emergency continues and which permit may be renewed
for periods of three days or less while the emergency continues. If the Building
Inspector should determine that the public health and safety will not be impaired
by the erection, demolition, alteration or repair of any building or the excavation
of streets and highways between the hours of 6:00 p.m. and 7:00 a.m., and
if he shall further determine that loss or inconvenience would result to any
party in interest, he may grant permission for such work to be done between
the hours of 6:00 p.m. and 7:00 a.m. upon application's being made at
the time the permit for the work is awarded or during the progress of the
work. Incidental construction actually being performed by a property owner
on his premises shall be permitted, provided the noise is not unnecessary.
J.
Schools, courts, churches, hospitals. The creation of
any excessive noise on any street adjacent to any school, institution of learning,
church or 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 conspicuous signs are
displayed in such streets indicating that the same is a school, hospital or
court street.
K.
Hawkers, peddlers. The shouting and crying of peddlers,
hawkers and vendors which disturbs the peace and quiet of the neighborhood.
L.
Metal rails, pillars and columns, transportation thereof.
The transportation of rails, pillars or columns of iron, steel or other material
over and along streets and other public places upon carts, drays, cars, trucks
or in any other manner, so loaded as to cause loud noises or as to disturb
the peace and quiet of such streets or other public places.
M.
Pile drivers, hammers, etc. The operation between the
hours of 6:00 p.m. and 7:00 a.m. or on Sunday of any pile driver, steam shovel,
pneumatic hammer, derrick, steam or electric hoist or other appliance, the
use of which is attended by loud or unusual noise.
N.
Blowers. The operation of any noise-creating blower or
power fan or any internal-combustion engine, the operation of which causes
noise due to the explosion of operating gases or fluids, unless the noise
from such blower or fan is muffled and such engine is equipped with a muffler
device sufficient to deaden such noise.
O.
Air conditioning. The operating and use of any air-conditioning
unit or apparatus or any mechanical device particularly during the hours between
11:00 p.m. and 7:00 a.m. creating an audible noise which annoys or disturbs
the quiet, comfort or repose of persons in any dwelling or other type of residence.
"Audible noise" shall mean a sound level in excess of 45 decibels on the Aweighted
sound level, measured in the center of a room or place wherein the annoyance
exists by a sound-level meter conforming to the standards of the American
Standard Association, Inc., of New York.
P.
Garbage and trash collection. Creating an audible noise
as a result of the collecting of garbage, trash or construction debris on
Sundays or between the hours of 6:00 p.m. and 6:00 a.m. Monday through Saturday.
[Amended 4-2-2002 by Ord. No. 1407]
Q.
Solid waste containers and dumpsters. Creating an audible
noise as a result of the placing, setting, removal, filling or emptying of
solid waste containers and/or dumpsters on Sundays or between the hours of
6:00 p.m. and 6:00 a.m. Monday through Saturday.
[Added 4-2-2002 by Ord. No. 1407]
This chapter shall not be construed to apply to activities in the public
parks, school grounds, playgrounds or public buildings under the permission
or authority of the municipal or school officials or to activities of the
municipal departments in the performance of their duties. The Township Committee
may, upon application made to it, issue permits to civic organizations, churches
or similar organizations in connection with the customary activities of such
organizations.
[Amended 6-19-1984 by Ord. No. 927]
Any person violating any of the provisions of this chapter shall, upon
conviction thereof, be punishable by a fine of not more than $500 or by imprisonment
for not more than 90 days, or both.
