It shall be unlawful to make, create, cause,
suffer, encourage or permit to be made any unnecessary, loud, prolonged
or disturbing noise within the limits of the Borough of Montvale.
No person shall cause, suffer, allow, or permit
the operation of any sound production device in such a manner that
the sound crosses a property line in an unnecessarily loud manner
and which unreasonably disturbs or interferes with the peace, comfort,
and repose of any resident, nor shall any person refuse or intentionally
fail to cease the unreasonable noise when ordered to do so by a police
officer or other authorized enforcement officer. The following noises,
which enumeration shall not be exclusive, are declared to be a nuisance
and a violation of this chapter to the extent that such noises are
determined to be “unreasonably and unnecessarily loud:”
A. The sounding of
any horn or signal device on any premises, within any building or
on any automobile, motorcycle, bus or other vehicle, except as a necessary
warning or danger signal.
B. The shouting and
crying of peddlers, hawkers and vendors which disturbs the peace and
quiet of the neighborhood.
C. The discharge
into the open air or the exhaust of any motor vehicle or engine, except
through a muffler which effectively prevents loud, explosive noises
therefrom, or discharging any pistol, gun, firearm, weapon or explosive.
D. The use, operation
or running of any automobile, motorcycle, mechanical equipment or
vehicle so out of repair or in such a manner as to create loud or
unnecessary grating, grinding, rattling or other noise, whether upon
the streets or highways or adjacent thereto.
E. The creation of
any excessive or unnecessary noise on any street or grounds adjacent
thereto within 500 feet of any school, place of worship, public meeting
or court while the same is in session, or any hospital, short-term
care facility or nursing home at any time which interferes with the
orderly, quiet and effective conduct and operation of the same.
F. The use of any drum, band, loudspeaker or other instrument or device for the purpose of attracting attention by creation of noise to any rally, performance, show, carnival, fair or the sale of either real or personal property, except when permission has been granted by the Borough or some authorized person or committee acting under its authority. This shall not be construed to prevent or limit religious, political or patriotic activities, if conducted within the limits set forth in Chapter
275 hereof.
G. Nothing contained
herein shall be construed to limit the use of a horn, buzzer, whistle
or similar signaling device for control of a sporting event at any
school, athletic field or similar venue, as long as any such signaling
device is used solely for the reasonable control of the athletic event.
Notwithstanding the foregoing, no such signaling devices shall be
permitted for use other than between the following hours:
(1) Monday
through Thursday: 8:00 a.m. through 9:00 p.m.
(2) Friday
and Saturday: 8:00 a.m. through 10:00 p.m.
(3) Sunday:
9:00 a.m. through 5:00 p.m.
H. Vibration. Operating
or permitting the operation of any device that creates vibration which
is above the vibration perception threshold of an individual at or
beyond the property boundary of the source if on private property,
or at 50 feet from the source if on a public space or public right-of-way.
For purposes of this section, "vibration perception threshold" means
the minimum ground or structure-borne vibrational motion necessary
to cause a normal person to be aware of the vibration by such direct
means as, but not limited to, sensation by touch or visual observation
of moving objects.
I. Radios, television
sets, sound amplifiers and similar devices:
(1) Operating or permitting the use or operation of any radio receiving set, television set, musical instrument, stereo, sound system, drum, phonograph or other device for the production or reproduction of sound, except as provided for in Subsection
F of this section hereafter set forth.
(2) Operating
any such device on weekdays between the hours of 10:00 p.m. and 7:00
a.m. the following day and, in the event the following day is a Sunday
or legal holiday, between the hours of 10:00 p.m. and 9:00 a.m. the
following day, in such a manner as to be plainly audible or to create
a noise disturbance across a real property boundary or through partitions
common to two parties within the same building.
(3) Operating
any such device in such a manner as to be plainly audible or to create
a noise disturbance at 50 feet from such device when operated in a
public space or public right-of-way, when operated in or on a motor
vehicle on a public space or public right-of-way or in such a manner
as to be audible to any person other than the operator when operated
on a common carrier by any passenger.
Violations of this chapter shall be subject to the penalties set forth in Chapter
1, General Provisions, Article
I, General Penalty.
It shall be the duty of any Police Officer of
the Borough of Montvale to enforce the provisions of this chapter
against any person found to be violating the same.