It is found and declared that:
A. The making and creation of loud, unnecessary or unusual noises within
the limits of the City of Perth Amboy is a condition which has existed
for some time and the extent and volume of such noises is increasing.
B. 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 public health, comfort,
convenience, safety, welfare and prosperity of the residents of the
City of Perth Amboy.
C. 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 City of Perth Amboy and its inhabitants.
[Amended 4-21-1992 by Ord. No. 606-92]
It shall be unlawful for any person to make or continue or cause to be made or continued any loud, unnecessary or unusual noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others within the limits of the city. Noise emission standards and compliance regulations for interstate rail carriers, however, shall be governed and enforced pursuant to Article
IV, unless specifically excluded therein.
The following acts, among others, are declared to be loud, disturbing
and unnecessary noises in violation of this Article, but said enumeration
shall not be deemed to be exclusive, namely:
A. Horns, signaling devices, etc. The sounding of any horn or signaling
device on any automobile, motorcycle, motor vehicles or other vehicle
on any street or public place of the city, except as a danger warning;
the creation by means of any such signaling device of any unreasonably
loud or harsh sound; 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. The using, operating or permitting to be
played, used or operated of any radio receiving set, musical instrument,
phonograph, electronic device, or 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 louder volume than is necessary for convenient hearing for
the person or persons who are in the room, vehicle or chamber in which
such machine or device is operated and who are voluntary listeners
thereto. The operation of any such set, instrument, phonograph, machine
or device between the hours of 11:00 p.m. and 7:00 a.m. in such a
manner as to be plainly audible at a distance of fifty (50) feet from
the building, structure or vehicle in which it is located shall be
prima facie evidence of a violation of this section.
[Amended 10-8-2014 by Ord. No. 1743-2014]
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 on the public streets, particularly between the hours of 11:00
p.m. and 7:00 a.m. or at any time or place so as to annoy or disturb
the quiet, comfort or repose of persons in any office or in any dwelling,
hotel 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. Steam whistles. The blowing of any locomotive steam whistle or steam
whistle attached to any stationary boiler, except to give notice of
the time to begin or stop work or as a warning of fire or danger or
upon request of proper city authorities.
G. 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 noised therefrom.
H. 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.
I. Loading, unloading, opening boxes. The creation of a loud and excessive
noise in connection with loading or unloading any vehicle or the opening
and destruction of bales, boxes, crates and containers.
J. (Reserved)
[Repealed 9-13-00 by Ord. No. 1060-2000]
K. 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 is 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.
L. Hawkers, peddlers. The shouting and crying of peddlers, hawkers and vendors
which disturbs the peace and quiet of the neighborhood.
M. Drums. The use of any drum or other instrument or device for the
purpose of attracting attention by creation of noise to any performance,
show or sale.
N. Metal rails, pillars and columns, transportation thereof. The transportation
of rails, pillars, 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 public places.
O. Motor bus, operation thereof. The causing, permitting or continuing
of any excessive, unnecessary and avoidable noise in the operation
of a motor bus.
P. Pile drivers, hammers, etc. The operation between the hours of 10:00
p.m. and 7:00 a.m. 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.
Q. 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.
[Amended 12-21-1976 by Ord. No. 121-76; 4-21-1992 by Ord. No. 606-92; 5-19-1992 by Ord. No. 612-92; 10-8-2014 by Ord. No. 1743-2014]
A. Any person who violates any provision of this Article shall upon
conviction thereof, be punished by a fine not less than one hundred
dollars ($100) and not more than one thousand dollars ($1,000) or
by imprisonment for not more than ninety (90) days, or by both said
fine and said imprisonment.
B. Any person who is convicted of violating this Article within one
(1) year of the date of a previous violation of this Article, [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 for a repeated offense shall not be less than
two hundred fifty dollars ($250) and not more than two thousand dollars
($2,000) and shall be calculated separately from the fine imposed
for the first violation of this Article.