[HISTORY: Adopted by the Mayor and Borough Council of the Borough of Rocky Hill 9-20-2021 by Ord. No. 2021-13.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 74, Commercial Hours of Operation, adopted 4-9-2018 by Ord. No. 5-2018.
As used in this chapter, the following terms shall have the meanings indicated:
CONSTRUCTION ACTIVITIES
Site preparation, excavation, assembly, erection, repair, renovation, alteration, construction, paving, dismantling, destruction, removal or other similar activities with respect to any building, structure or premises.
LANDSCAPING MAINTENANCE EQUIPMENT
Any landscaping maintenance equipment, whether electric, powered by an internal combustion engine or attached to other equipment with a motor, such as a tractor, including, but not limited to, lawn mowers, leaf blowers, weed whackers, chain saws, woodchippers, stump grinders, belly mowers and brush hogs. Landscaping maintenance equipment does not include snowblowers.
PLAINLY AUDIBLE
Any sound that can be detected by a person using such person's unaided hearing faculties.
SOUND PRODUCTION DEVICE
Any device whose primary function is the production, reproduction or amplification of sound, including, but not limited to, any musical instrument, loudspeaker, radio, television, digital or analog music player, public address system or other sound-amplifying equipment.
WEEKDAY
Any day that is not a federal holiday, and beginning on Monday at 7:00 a.m. and ending on the following Friday at 6:00 p.m.
WEEKEND
Any federal holiday and the time beginning on Friday at 6:00 p.m. and ending on the following Monday at 7:00 a.m.
A. 
No person shall make, continue or cause to be made or continued any loud, unnecessary or excessive noise or any noise which does or is likely to annoy, disturb, injure or endanger the comfort, repose, health, peace or safety of others within the Borough.
B. 
Without intention to limit the generality of § 74-2A, the following acts are hereby declared to be examples of loud, disturbing and unnecessary noise in violation of this chapter:
(1) 
Landscaping maintenance equipment. Landscaping maintenance equipment shall not be operated on any property within the Borough of Rocky Hill between the hours of 8:00 p.m. and 7:00 a.m. on weekdays or between the hours of 8:00 p.m. and 8:00 a.m. on weekends. Snow removal and work utilizing landscaping equipment shall be undertaken in such a manner as required to minimize the transfer of material across property lines.
(2) 
Construction activities. No construction activities shall be conducted on any property within the Borough of Rocky Hill between the hours of 8:00 p.m. and 7:00 a.m. on weekdays or between the hours of 8:00 p.m. and 8:00 a.m. on weekends if the sound from such construction activities is plainly audible at any point beyond the real property line of the property upon which such construction activities are being conducted.
(3) 
Engine braking. The operator of any diesel engine vehicle shall not use or operate on any road within the Borough of Rocky Hill any compression release brake (also known as "engine braking") which results in excessive, loud, unusual or explosive noise from such vehicle to aid in the braking or deceleration of such vehicle, except where necessary for the protection of property or persons, which protection cannot be provided by the vehicle's alternative braking system.
(4) 
Sound production devices. No one shall play, use or operate any radio receiving set, television, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device of any type of technology for the production or reproducing of sound within the Borough of Rocky Hill between the hours of 9:00 p.m. and 7:00 a.m. on weekdays or between the hours of 10:00 p.m. and 8:00 a.m. on weekends if the sound from such sound production device is plainly audible at any point beyond the real property line of the property upon which such sound production devices are located or by others in the vicinity if done upon public land.
(5) 
Horns, nonvehicular whistles, and other signaling devices. The sounding of any whistle, horn and other signaling device except to give notice of the time to begin or stop work or as a warning of fire or other impending danger. No person shall sound a horn or warning device on an automobile, motorcycle, bus or other vehicle for nonemergency purposes which emits an unreasonably loud or harsh sound or for an unnecessary or unreasonable period of time.
(6) 
Exhaust. The discharge into the open air of the exhaust of an engine, stationary internal combustion engine or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises.
(7) 
Animals, birds, etc. The keeping of any animal, including, but not limited to, any dog or bird, which, by causing frequent or long-continued excessive, loud or considerable noise, shall disturb the comfort or repose of any persons in the reasonable use and enjoyment of their property. Animals used as part of a commercial agricultural operation, activity or structure as may be permitted or authorized pursuant to N.J.A.C. 4:1C-10, as may be amended, are exempt from this provision.
The provisions of § 74-2 shall not apply to the following:
A. 
Any work or activity conducted by a public utility or by or for a governmental entity.
B. 
The reasonable use of bells, chimes or sound amplifiers by churches engaged in church activities, subject to the permission of the Mayor and Borough Council.
C. 
Any work or activity occurring within 30 days (or such longer period as is approved by resolution of the Borough Council) following a major storm or other natural disaster, but only to the extent that such work or activity is undertaken to address the damage to buildings, other structures or property caused by such major storm or other natural disaster. Such work or activity may include repairing the damage done to a home or other structure by a falling tree or tree branch, repairing or replacing a damaged roof and removing fallen trees and branches.
D. 
The removal of snow, provided such work conforms with the provisions contained in § 74-2B(1) and (6), and any other work or activity necessary to eliminate or abate a life-threating condition, such as removing a tree that is about to fall on a public road, public walkway or home.
E. 
Any work or activity approved by the Borough Council or, in the case of an emergency, approved, in writing (including by email), by the Mayor, the Borough Council President or the Zoning Officer of the Borough of Rocky Hill.
F. 
Any agricultural work or activity performed in compliance with:
(1) 
The right to farm provisions of N.J.A.C. 2:76-2, including the agricultural management practices set forth in N.J.A.C. 2:76-2A, and any successor provisions thereto; or
(2) 
Any provision of federal, state, county or local law (including any ordinance of the Borough of Rocky Hill) that governs agricultural practices in the Borough of Rocky Hill.
G. 
The operation of a generator during a power failure.
This Chapter 74 may be enforced by:
A. 
Local constables and any police department, including the New Jersey State Police, having authority to act within the Borough of Rocky Hill, including pursuant to a shared services agreement with the Borough of Rocky Hill;
B. 
Any other officials, employees, individuals or departments designated by the Borough Council as having authority to enforce this Chapter 74.
A. 
Any individual, firm, corporation or other entity or organization violating any provision of this Chapter 74 shall be subject to the following penalties:
(1) 
First offense: a fine not to exceed $100.
(2) 
Second offense: a fine not less than $150 and not to exceed $250.
(3) 
Third offense: a fine not less than $200 and not to exceed $500.
(4) 
Fourth and additional offenses: a fine not less than $250 and not to exceed $1,000.
B. 
Each day of violation shall constitute an additional, separate and distinct offense. However, an offense occurring more than one year after the most recent previous offense shall be considered a first offense.