[HISTORY: Adopted by the Mayor and Borough Council of the
Borough of Woodbury Heights 3-11-63 as Ord. No. 63-2, Ch. 11. Section 76-2C amended and § 76-3 added
at time of adoption of Code; see Ch. 1, General Provisions, Article
I. Other amendments noted where applicable.]
It shall be unlawful for any person to make, continue or cause
to be made or continued any loud, unnecessary or unusual noise or
any noise which either annoys, disturbs, injures or endangers the
comfort, repose, health, peace or safety of others within the borough.
The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of § 76-1, but such enumeration shall not be deemed to be exclusive.
A.
Horns, signaling devices. The sounding of any horn or signaling device
on any automobile, motorcycle or other vehicle on any street or public
place of the borough except as a danger warning; the creation by means
of any such signaling device of any unreasonably loud or harsh sound,
and 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. The using, operating or permitting to be played,
used or operated of any radio receiving set, musical instrument, phonograph
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 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 50 feet from
the building, structure or vehicle in which it is located shall be
prima facie evidence of a violation of this section.
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.
This shall not apply to charitable or nonprofit organizations if a
permit for such is obtained from the borough.
D.
Yelling, shouting. 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. 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 the request of proper borough 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 noises 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 or 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.
Construction or repairing of buildings. The erection (including excavating),
demolition, alteration or repair of any building other than between
the hours of 7:00 a.m. and 6:00 p.m. on weekdays, 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 not to exceed three days or less while
the emergency continues, and which permit may be renewed for periods
of three days or less while the emergency continues. If the Building
Inspector should determine that the public health and safety will
not be impaired by the erection, demolition, alteration or repair
of any building or the excavation of streets and highways within the
hours of 6:00 p.m. and 7:00 a.m., and if he shall further determine
that loss or inconvenience would result to any party in interest,
he may grant permission for such work to be done within the hours
of 6:00 p.m. and 7:00 a.m., upon application being made at the time
the permit for the work is awarded or during the progress of the work.
K.
Schools, courts, churches or 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. The transportation of rails, pillars
or 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 other public places.
O.
Pile drivers, hammers. 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.
P.
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.
Any person violating or failing to comply with any of the provisions
of this chapter shall, upon conviction thereof, be subject to a fine
of not more than $500 or imprisonment for a term not to exceed 90
days, or both. Each day such violation is committed or permitted to
continue shall constitute a separate offense and shall be punishable
as such.
