[HISTORY: Adopted by the Mayor and Council
of the Borough of Prospect Park 12-9-1991 (Ch. 61 of the 1974 Code). Amendments
noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Any site preparation, assembly, erection, repair, alteration
or similar action, but excluding demolition of buildings or structures.
Any work or action necessary to deliver essential services
including, but not limited to, repairing water, gas, electricity,
telephone, sewer facilities, or public transportation facilities,
removing fallen trees on public rights-of-way, or abating life-threatening
conditions.
The following listed holidays: New Year's Day, Christmas
Day, Independence Day, and Thanksgiving Day.
Any sound that:
Either:
A group of residential properties and the abutting public
rights-of-way and public spaces.
A.
No person shall cause, suffer, allow, or permit to
be made verbally or mechanically any noise disturbance.
B.
No person shall cause, suffer, allow, or permit the
following acts:
(1)
Sound-reproduction systems. Operating, playing, or
permitting the operation or playing of any radio, television, phonograph,
or similar device that reproduces or amplifies sound in such a manner
as to create a noise disturbance for any person other than the operator
of the device.
(2)
Loudspeakers and public address systems. Using or
operating of any loudspeaker, public address system, or similar device
between the hours of 10:00 p.m. and 8:00 a.m. on the following day,
or on any time on Sunday, such that the sound therefrom creates a
noise disturbance across a residential real property line. Noncommercial
public speaking and public assembly activities conducted on any public
space or public right-of-way shall be exempt from the operation of
this section.
(3)
Animals and birds. Owning, possessing, or harboring
any pet animal or pet bird that frequently or for continued duration,
makes sounds that create a noise disturbance across a residential
real property line (for the purpose of this section, a "noise disturbance"
from a barking dog shall be defined as that created by a dog barking
continually for 10 minutes or intermittently for 30 minutes).
(4)
Loading and unloading. Creating a noise disturbance
across a residential real property line by loading, unloading, opening,
closing or other handling of boxes, crates, containers, building materials,
liquids, garbage cans, refuse or similar objects, or the pneumatic
or pumped loading or unloading of bulk materials in liquid, gaseous,
powder, or pellet form, or the compacting of refuse by persons engaged
in the business of scavenging or garbage collection, between the hours
of 8:00 p.m. and 7:00 a.m. the following day or at any time on a legal
holiday or a Sunday, except as permitted by contract with the municipality.
(5)
Standing motor vehicles. Operating or permitting the
operation of any motor vehicle whose manufacturers gross weight is
in excess of 10,000 pounds, or any auxiliary equipment attached to
such a vehicle, for a period of longer than five minutes in any hour
while the vehicle is stationary, for reasons other than traffic congestion
or emergency work, on a public right-of-way or public space within
150 feet (46 meters) of a residential area between the hours of 8:00
p.m. and 8:00 a.m. of the following day or at any time on a legal
holiday or Sunday.
(6)
Construction and demolition. Operating or permitting
the operation of any tools or equipment used in construction, drilling,
earthmoving, excavating, or demolition work such that the sound therefrom
creates a noise disturbance across a residential real property line
between the hours of 7:00 p.m. and 7:00 a.m. the following day on
weekdays or Saturday and at any time on legal holidays or Sunday,
except for emergency work.
(7)
Yelling, shouting, etc. Unusual yelling, shouting,
hooting, whistling or singing, between the hours of 10:00 p.m. and
7:00 a.m. or at any other time so as to create a noise disturbance
across a residential real property line.
(8)
Schools, courts, churches, hospitals. The creation
of any noise disturbance on any street adjacent to any school, institution
of learning, church or court while the same are in use, which unreasonably
interferes with the workings of such institution, or disturbs the
occupants thereof, provided conspicuous signs are displayed in such
street clearly identifying the noise-free zone.
(9)
Hawkers, peddlers. The shouting and crying of peddlers,
hawkers and vendors which creates a noise disturbance.
(10)
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 so as not to create a noise disturbance, except as specifically provided in § 264-2, Subsections B(12) and C.
(11)
Air conditioning. Creating a noise disturbance
by the operation and use of any air-conditioning unit or apparatus
or any mechanical device during the hours between 11:00 p.m. and 7:00
a.m.
(12)
Landscaping and ground maintenance. Operating
or permitting the operation of any tools or equipment used in landscaping
or ground maintenance such that the sound therefrom creates a noise
disturbance across a residential real property line between the hours
of 7:00 p.m. and 7:00 a.m. the following day on weekdays or Saturday,
and between the hours of 7:00 p.m. Saturday night and 12:00 noon on
Sunday, except for emergency work.
C.
Exceptions. The provisions of this chapter shall not
apply to:
(1)
The emission of sound for the purpose of alerting
persons to the existence of an emergency provided that this exception
shall not apply to noise from a burglar or fire alarm which does not
terminate its sound within 15 minutes of activation;
(2)
The emission of sound in the performance of emergency
work;
(4)
Noise from municipally sponsored or approved celebrations
or events.
A.
Enforcement officers. The provisions of this chapter
shall be enforced by the Police Department, Zoning Officer, and Construction
Official, who are collectively called "enforcement officers."
B.
Issuance of summons. Violation of any provision of
this chapter shall be cause for a summons to be issued by the enforcement
officer.
C.
Abatement orders. The enforcement officer may issue
an order requiring abatement of any source of sound alleged to be
in violation of this chapter within a reasonable time period and according
to guidelines which the enforcement officer may prescribe.
