[HISTORY: Adopted by the Mayor and Council of the Borough
of Waldwick 11-24-87 as Ord. No. 20-87. Amendments noted where applicable.]
A.
The making, creating or permitting of any unreasonably loud, disturbing
or unnecessary noise in the Borough of Waldwick is hereby prohibited.
B.
The making, creating or permitting of any noise of such character,
intensity or duration as to be detrimental to the life, health or
welfare of any individual or which either steadily or intermittently
annoys, disturbs, injures or endangers the comfort, repose, peace
or safety of any individual is hereby prohibited.
[Amended 8-22-00 by Ord. No. 15-00]
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 Waldwick.
B.
The following specific acts are declared to be loud, disturbing and
unnecessary noises in violation of this chapter, but said enumerations
are intended to be typical only and 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 warning pursuant to the provisions of N.J.S.A. 39:3-69); the sounding
of any whistle or other device operated by engine exhaust; 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 9:00 p.m. and 7:00 a.m. in such
manner as to be plainly audible at a distance of fifty (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 fifty
(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 between the hours of 9:00 p.m. and 7:00 a.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 of three (3) days or less while the emergency
continues.
[Amended 6-22-2021 by Ord. No. 2021-20]
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, chain saws, and other equipment powered by internal-combustion
engines, between the hours 9:00 p.m. and 7:00 a.m. Monday through
Friday, and between the hours of 9:00 p.m. and 8:30 a.m. weekends
and holidays.
14.
The prolonged and continual operation of a burglar alarm in a manner
that disturbs the peace, quiet and comfort of neighboring inhabitants.
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; 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.
See Chapter 1:14.1.
This chapter shall take effect immediately upon passage and
publication according to law.
