[HISTORY: Adopted by the Mayor and Council of the Borough of Kinnelon 5-18-2023 by Ord. No. 06-23. Amendments noted where applicable.]
A. 
It shall be unlawful for any person, firm, corporation, association or other entity to make, cause or permit to be made, any unnecessary noises or sounds, by means of, including but not limited to, the human voice, self-contained and/or portable music or sound production devices, musical instruments, which are plainly audible to any adjacent property or which disturbs or interferes with the peace, comfort or repose of any other person. This shall include any other noise or sounds that are plainly audible and excessively loud, harsh, or unusual in time and occurrence. Sound production devices, as defined in Chapter 146, shall not be operated in a manner that disturbs the lives, comfort, and peace of the residents or the community.
B. 
No person, firm, corporation, association, or other entity shall make or assist in making or causing any improper noise, riot, disturbance or breach of the peace in the streets or elsewhere within the Borough, and no person shall collect in bodies or crowds for idle or unlawful purposes to the annoyance or disturbance of any individual or the community.
It shall be unlawful for any person to maintain or operate in any building or upon any premises in the Borough of Kinnelon any sound producing device or mechanical musical instrument or device of any kind, whereby the sound therefrom is cast directly upon the public streets, or which is so placed and operated that sounds coming therefrom can be heard to the annoyance or inconvenience of any person upon any street, public place or neighboring premises.
A. 
In particular, the following acts, which enumeration shall not be deemed to be exclusive, shall be considered violative of the provisions of this chapter:
(1) 
Operation of bulldozers, shovels and other types of construction equipment, including the loading or unloading of trucks carrying sand, clay, gravel, stone or other construction material, other than between the hours of 8:00 a.m. and 6:00 p.m. on weekdays, or between the hours of 9:00 a.m. and 6:00 p.m. on weekends and federal holidays, prevailing time.
(2) 
Operation of power landscaping equipment, including but not limited to lawn mowers, leaf blowers, trimmers, etc., other than between the hours of 8:00 a.m. and 8:00 p.m. prevailing time.
(3) 
The collection of trash or recyclables from a commercial location by a privately contracted hauler may take place only between the hours of 8:00 a.m. and 6:00 p.m. prevailing time, Monday through Saturday. Trash or recyclables may not be collected by a commercial or privately contracted hauler on Sunday. This provision does not apply to the Borough's municipal trash/recyclables collection.
(4) 
Riding of motorcycles and/or ATVs on private property which emit repetitive or continuous noise for a prolonged period of time is prohibited.
B. 
The provisions of this chapter do not apply to certain utilities under contract with the Borough, or who are responding to an emergency condition; Borough employees in the performance of their duties; emergency service providers and first responders; activities, events and/or services which are authorized, sponsored or licensed by the Borough so long as the activity, event and/or service is conducted pursuant to the conditions of the license, permit or contract authorizing the activity, event and/or service; or musical, recreational and athletic events conducted by and on the site of a school or educational institution.
A. 
This chapter shall be enforced by any officer of the Police Department of Kinnelon, the Code Enforcement Officer, and the Zoning Officer.
B. 
Any person, firm, corporation, association or other entity violating this chapter shall be subject, upon conviction, to one or more of the following at the discretion of the court: a fine not to exceed $1,000 or imprisonment in the county jail for a term not to exceed 90 days or community service not to exceed 90 days, and each day that a violation is permitted to exist shall constitute an additional, separate, and distinct offense.