[Added 12-20-2023 by Ord. No. 2023-17]
This article shall cover any noise from any source location
which is plainly audible in violation of the provisions of this article.
[Added 12-20-2023 by Ord. No. 2023-17]
It shall be unlawful for any individual or entity to make, continue
or cause to be made or continued any loud, unnecessary or unusual
noise or any noise which does or is likely to annoy, disturb, injure
or endanger the quiet enjoyment, comfort, repose, health, peace or
safety of others.
[Added 12-20-2023 by Ord. No. 2023-17]
a. Without intending to limit the generality of §
19-14, the following acts are hereby declared to be examples of loud, disturbing and unnecessary noise in violation of this article.
1. Radios; Televisions; Sound Amplifiers. The playing, use or operation
of any radio receiving set, television, musical instrument, loudspeaker,
amplifier or other machine or device for the producing or reproducing
of sound in such manner as to disturb the peace, quiet and comfort
of neighboring inhabitants. The operation of such a set, instrument,
machine or device between the hours of 11:00 p.m. and 6:00 a.m. so
that it is clearly 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 article.
2. Yelling; Shouting. Yelling, shouting, hooting, whistling or singing
on the public streets, particularly between the hours of 10:00 p.m.
and 6:00 a.m., or at any time or place, which annoys or disturbs the
quiet, comfort or repose of persons in any office, dwelling, hotel,
motel or other type of residence or of any persons in the vicinity.
3. Animals; Birds. The keeping of animals or birds which, by causing
frequent or long-continued noise, disturb the comfort or repose of
any person in the vicinity, but nothing herein contained is intended
to apply to a licensed dog pound or kennel, or to farming, when practiced
according to customary farming practices.
4. Horns. The sounding of a horn or warning device on an automobile,
motorcycle, bus or other vehicle except when required by law, and
which emits an unreasonably loud or harsh sound or for an unnecessary
or unreasonable period of time.
5. Construction or Repair. The carrying on of excavation, demolition,
construction, repair or alteration work other than between the hours
of 7:00 a.m. and 7:00 p.m., and the carrying on of construction, repair
or alteration work by a homeowner on his own dwelling or property
other than between the hours of 7:00 a.m. and 10:00 p.m. All motorized
equipment used in construction and demolition activity shall be operated
with a muffler.
6. Schools; Courts; Houses of Worship; Hospitals. The creation of excessive
noise on a street adjacent to a school, institution of learning or
house of worship while in use or adjacent to a medical facility which
unreasonably interferes with the working of the institution or which
disturbs or unduly annoys patients or residents of a medical facility,
provided that conspicuous signs are displayed in such a street indicating
that it is a school or medical facility.
7. 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.
8. Pile Drivers, Hammers, etc. The operation, other than between the
hours of 7:00 a.m. and 6:00 p.m. on weekdays, of any pile driver,
steam shovel, bulldozer or other earthmoving machinery, pneumatic
hammer, derrick, steam or electric hoist or other appliance, the use
of which is attended by loud or unusual noise.
9. 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 noises.
10. Lawn Mowers, Snow Blowers/Throwers. The operation of any internal
combustion engine lawn mower, or electric power lawn mower or of any
snow blower or snow thrower before 6:00 a.m. or after 10:00 p.m.
11. Electric Generators. The residential use of any fuel-powered device
that produces electricity and produces sound that is clearly audible
from a distance of 50 feet from the device except at times when electric
power is interrupted for reasons beyond the control of the property
owner or occupant or for the maintenance or testing of the generator
unit for a period not to exceed 30 minutes. Such maintenance and testing
shall only be conducted between the hours of 7:00 a.m. and 10:00 p.m.
12. Any noise that violates the provisions of the Public Health Nuisance Code of New Jersey, as adopted pursuant to Chapter
19, Article
II of the Frelinghuysen Township Code.
b. The above are intended to give typical illustrations of prohibited
noise and shall not be construed as exclusive.
[Added 12-20-2023 by Ord. No. 2023-17]
Nothing herein contained shall be construed to apply to:
a. The use of bells, chimes or sound amplifiers by houses of worship
engaged in house of worship activities.
b. Activities of municipal departments in the performance of their duties,
drills or public demonstrations.
c. Police, fire, ambulance, air raid or other sirens which may be operated
by the Township or civil defense or other governmental authorities,
or any other emergency services responding to emergencies.
d. Activities in public parks, playgrounds or public buildings under
permission or authority of municipal officials.
e. The playing by a band or orchestra in a hall or building or in the
open air, where duly authorized.
f. Activities of municipal or public utilities or municipal public works
to respond to emergencies, public health or safety issues or to repair
critical infrastructure.
g. Construction activities carried out within reasonable daytime hours,
subject to any additional restrictions imposed by the Township.
h. Farming, when practiced according to customary farming practices.
[Added 12-20-2023 by Ord. No. 2023-17]
a. The provisions of this article shall be enforced by the State Police
or the Warren County Board of Health.
b. Any person or entity violating any provision of this article shall
upon conviction be subject to a fine not exceeding $500. If the violation
is of a continuing nature, each day during which it occurs shall constitute
an additional, separate and distinct offense.