[HISTORY: Adopted by the Mayor and Council
of the Borough of Closter 11-22-1967 by Ord. No. 1967:179 as Ch. 60 of the 1967 Code. Amendments
noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 71.
It is hereby declared a nuisance and it is unlawful
for any person, firm or corporation to:
A.
Make, continue, permit or cause to be made, continued
or permitted any noise or any loud, unnecessary or unusual noise which
either unreasonably annoys or disturbs or injures or endangers the
comfort, repose, health, peace, rest, safety or welfare of others.
B.
Make, cause, suffer or permit to be made upon any
premises owned, occupied or controlled by him or her or it or in any
public place or upon any public highway, street or thoroughfare in
the Borough of Closter any unnecessary noises or sounds, either by
the human voice or any other means or methods which are physically
annoying to persons or which are so harsh or so prolonged or so loud
or so unnatural or so unusual in their use, time or place as to cause
or occasion discomfort or which are injurious to the lives, health,
peace, comfort and welfare of the inhabitants of the borough.
[Amended 10-8-2014 by Ord. No. 2014:1175]
No person shall use or operate any facility,
machine or instrument or produce or cause to be produced any sound
in the Borough when the same produces noise, the sound pressure level
of which, measured at the point of annoyance complained of, exceeds
90 decibels. Nothing herein contained shall be construed to prohibit
playing by a band or orchestra in a hall, building or in the open
air. Pursuant to N.J.A.C. 7:29-1.5, certain exceptions to noise control
apply, including but not limited to:
A.
Emergency
release devices.
B.
When public
health and safety is involved, emergency road work to provide electricity,
water, or other public utilities and to conduct emergency roadwork
or demolition.
C.
National
Warning System (NAWAS).
D.
Noise of
aircraft flight operations.
E.
Public
celebrations that are government-sponsored or government-permitted
events.
G.
Emergency
generators at an industrial, commercial, or community service facility
during an electrical outage.
It shall be unlawful for any person, firm or
corporation for advertising purposes or for the purpose of attracting
the attention of the passing public to play, use, operate or permit
to be played, used or operated any radio receiving set, musical instrument,
phonograph, loudspeaker, sound amplifier or other machine or device
for the producing or reproducing of sound on the streets or public
places of the Borough of Closter or in any place where the sound therefrom
is cast directly upon the streets or public places or which is so
placed and operated that the sound therefrom can be heard to the annoyance
or inconvenience of travelers upon any street or public places or
of persons in neighboring premises.
It shall be unlawful for any person, firm or
corporation, either as principal, agent or employee, to play, use
or operate, for advertising purposes or for any other purpose whatsoever,
in public places or on or upon the public streets, alleys or thoroughfares
in the Borough of Closter any device known as a "sound truck," "loudspeaker"
or "sound amplifier" or a radio or phonograph with a loudspeaker or
sound amplifier or any other instrument known as a "calliope" or any
instrument of any kind or character which emits therefrom loud and
raucous noises and is attached to and upon any vehicle operating or
standing upon said streets or public places aforementioned without
a special permit therefor. Permits shall be issued by the Borough
Clerk upon application and shall be issued only to persons, firms
or corporations engaged in charitable activities or in a purpose not
for pecuniary profit. Such permits shall be issued for a maximum period
of two calendar days during the periods of 9:00 a.m. to 10:00 p.m.
and not thereafter.
It shall be unlawful for any person, firm or
corporation to sound any horn or warning device on any 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 upon the street. No person shall sound any horn or warning
device on any automobile, motorcycle, bus or other vehicle which shall
emit an unreasonably loud or harsh sound or for any unnecessary or
unreasonable period of time.
It shall be unlawful for any person, firm or
corporation to keep, harbor or maintain any animal or bird which shall
cause or make or emit any frequent or long-continued noise which shall
disturb the peace, comfort, rest or repose of any person in the vicinity.
[Amended 11-23-1987 by Ord. No. 1987:552; 5-11-2016 by Ord. No.
2016:1205; 11-22-2021 by Ord. No. 2021:1283]
A.
Time restrictions.
(1)
Except as permitted by Code § 134-2 or Subsection A(2) below, it shall be unlawful for any person, firm or corporation to perform construction, repair or alteration work as defined hereafter before 7:00 a.m. or after 7:00 p.m. Mondays through Fridays; before 9:00 a.m. or after 6:00 p.m. Saturdays; or at any time on Sundays and holidays.
(2)
Construction work can be performed before or after the specified times or on the days restricted in Subsection A(1) only in the following limited circumstances:
(a)
By contractors: on properties located in commercial, industrial and business zones, construction work can be performed on Sundays and/or holidays between the hours of 9:00 a.m. and 6:00 p.m., so long as: a) the noise levels do not exceed those outlined in § 134-2; and b) the properties are not immediately adjacent to a residential zone.
(b)
By homeowners/residents: on Sundays and holidays between the hours of 9:00 a.m. and 6:00 p.m. only, so long as the work is performed by the homeowners/residents or a family member themselves and the noise levels do not exceed those outlined in § 134-2.
(c)
For snow removal: During and within 24 hours following the end of any snow storm or snow accumulation, the use of snowblowers or similar motorized equipment or machinery, when operated with a muffler, may be used before or after the specified times or on the days restricted in Subsection A(1) for the purpose of snow removal.
(d)
At any time in the case of an emergency, as determined by the
Chief of Police, Fire Chief, DPW Superintendent, or other responsible
Borough official. Also, in the case of urgent necessity or in the
interest of public health or safety, the DPW Superintendent, Police
Chief, Fire Chief or Construction Code Official may grant a permit
for construction, repair or alteration work for a period not to exceed
three days, by the terms of which, such work may be carried on between
hours otherwise prohibited by this section.
B.
CONSTRUCTION
HOLIDAYS
REPAIR or ALTERATION
As used in this section, the following terms shall
have the meanings indicated:
Any activity at or on the property, building, excavation
or demolition site, including but not limited to excavation, demolition,
construction, landscaping, repair or alteration work, the delivery
of materials, movement of heavy equipment or the use of gas or electric
power equipment; and includes, without limitation, the operation or
use of any power lawnmower or other internal combustion landscaping
equipment such as leaf blowers, vacuums, and chainsaws.
New Year's Day, January 1; Martin Luther King, Jr. Day,
third Monday of January; Memorial Day, last Monday in May; Independence
Day, July 4; Labor Day, first Monday in September; Thanksgiving Day,
fourth Thursday in November; and Christmas Day, December 25.
Does not include activities, including but not limited to painting or wallpapering, which do not create a nuisance as set forth in § 134-1 of this chapter.
[Amended 11-23-1987 by Ord. No. 1987:552; 1-3-1994 by Ord. No.
1993:663]
[Added 11-23-1987 by Ord. No. 1987:552]
It shall be the duty of the Police Department
to enforce the provisions of this chapter.
