[HISTORY: Adopted by the Mayor and Council of the Borough
of Netcong 10-11-2012 by Ord. No. 2012-17. 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.
A.
Without intending to limit the generality of § 214-1, the following acts are hereby declared to be examples of loud, disturbing and unnecessary noise in violation of this chapter:
(1)
Radios; televisions; phonographs: the playing, use or operation of
any radio receiving set, television, musical instrument, 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, 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 100 feet from the building, structure or vehicle in which it is
located shall be prima facie evidence of a violation of this chapter.
(2)
Horns: 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.
(3)
Construction or repair. The carrying on of excavation, demolition,
construction, repair or alteration work other than between the hours
of 7:00 a.m. and 6:00 p.m., and the carrying on of construction, repair
or alteration work by a homeowner on his own dwelling or property
other than between the hours of 7:00 a.m. and 9:00 p.m. In case of
urgent necessity or in the interest of public health or safety, the
Director of Public Works may grant a permit for excavation, demolition,
construction, repair or alteration work, for a period not to exceed
three days, by the terms of which permit such work may be carried
on between 6:00 p.m. and 7:00 a.m.
B.
The above enumeration is intended to give typical illustrations of
prohibited noise and shall not be construed as exclusive.
C.
Excessive noise caused by dogs or other animals.
(1)
No person shall permit or cause any dog or other animal in his custody,
control or ownership to engage in periods of sustained barking, howling,
crying or other loud noises for any period of 30 consecutive minutes
or two or more intervals of 15 consecutive minutes or more within
a one-hour period, between the hours of 10:00 p.m. and 7:00 a.m.,
which cause an objectively unreasonable disturbance to the quiet of
any person or persons residing in the vicinity of the dog or other
animal.
(2)
No person shall permit or cause any dog or other animal in his custody,
control or ownership to be left outdoors if the dog or other animal
engages in periods of sustained barking, howling, crying or other
loud noises for any period of 15 consecutive minutes or more which
would cause an objectively unreasonable disturbance to the quiet of
any person or persons residing in the vicinity of the dog or other
animal.
(3)
Any person observing a violation as defined in Subsection C(1) or (2) herein shall first file a certification with the Board of Health of the Borough of Netcong which shall specifically state a) the date and time or times of the alleged violation; b) the specific place and nature of the violation alleged; c) the name and address of the owner or custodian of the dog or other animal, if known; and d) the description of the dog or other animal, if known. Upon receipt of the certification which sets forth the alleged violation, the Board of Health will then send a notice of alleged violation to the owner or custodian of the dog or other animal which shall inform the party of the offense alleged and advise that if a subsequent offense should occur, a complaint may be filed in the Netcong Municipal Court.
(4)
Any police officer, health official or other person authorized to act on behalf of the Borough of Netcong who personally observes the commission of an offense as defined in Subsection C(1) or (2) herein shall be permitted to institute a complaint in the Municipal Court with or without prior notice to the alleged offender.
(5)
Exceptions.
(a)
Any dog pound or similar facility owned or operated by the Borough
of Netcong shall be exempt from application of this subsection.
(b)
Any person that is legally blind or disabled and requires a
Seeing Eye dog or other dog for assistance shall be exempt from application
of this subsection.
(c)
Any licensed pet store, kennel or animal boarding facility shall
be exempt from application of this subsection.
Nothing herein contained shall be construed to apply to:
A.
The use of bells, chimes or sound amplifiers by houses of worship
engaged in house of worship activities.
B.
Activities of municipal departments in the performance of their duties,
drills or public demonstrations.
C.
Activities in public parks, playgrounds or public buildings under
permission or authority of municipal officials.
D.
The playing by a band or orchestra in a hall or building or in the
open air, where duly authorized by the Borough.
A.
Any person or persons, firms, corporations or other organizations
found to be in violation of this chapter shall, upon conviction thereof
in Municipal Court, be punished by a fine not exceeding $1,250 or
by imprisonment in the county jail for a term not exceeding 90 days
or by a period of community service not exceeding 90 days, or any
combination thereof. Each violation of the requirements of this chapter
and each and every day the same is violated shall be deemed to be
a separate and distinct offense.
B.
Any person who is convicted of violating this chapter within one
year of the date of a previous violation of this chapter and who was
fined for the previous violation shall be sentenced by the court to
an additional fine as a repeat offender. The additional fine imposed
by the court upon a person for repeated offense shall be calculated
separately from the fine imposed for the violation of the chapter.
