[HISTORY: Adopted by the Mayor and Council of the Borough of Cresskill 1-1-1981 by Ord. No. 80-23-780 as Ch. 110 of the 1981 Code. Amendments noted where applicable.]
It is found and declared that:
The making and creation of loud, unnecessary or unusual noises within the Borough is a condition which has existed for some time, and the extent and volume of such noises is increasing.
The making, creation or maintenance of such loud, unnecessary, unnatural or unusual noises which are prolonged, unusual and unnatural in their time, place and use affect and are a detriment to public health, comfort, morals, convenience, safety, welfare and prosperity of the residents of the Borough.
The necessity in the public interest for the provisions and prohibitions hereinafter contained and enacted is declared as a matter of legislative determination and public policy, and it is further declared that the provisions and prohibitions hereinafter contained and enacted are in pursuance of and for the purpose of securing and promoting the public health, comfort, morals, convenience, safety, welfare and prosperity and the peace and quiet of the Borough and its inhabitants.
As used in this chapter, the following terms shall have the meanings indicated:
- Any sounds of such level and duration as to be or tend to be injurious to human health or welfare or which would unreasonably interfere with the enjoyment of life or property throughout the state or in any portions thereof, but excludes all aspects of the employer-employee relationship concerning health and safety hazards within the confines of a place of employment.
- Any mobile unit which travels by water, land or air, having attached to it a public-address or other type of amplification system by which the human voice or recorded music or words may be broadcast for the purpose of advertising, entertainment or otherwise.
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, morals, 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 this chapter, but such enumeration shall not be deemed to be exclusive:
Horns, signaling devices, etc. The sounding of any horn or signaling device on any automobile, motorcycle, bus, truck or other vehicle on any street or public place of the Borough, except as a danger warning or for the normal celebrations for weddings, football games and similar events; 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.
Radios, phonographs, etc. The using, operating or permitting to be played, used or operated any radio, television 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, chamber or yard 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 10:00 p.m. Sunday through 8:00 a.m. Monday and the same thereafter on Monday, Tuesday, Wednesday and Thursday and between 11:00 p.m. Friday and 8:00 a.m. Saturday and between 11:00 p.m. Saturday and 8:00 a.m. Sunday in such a manner as to be plainly audible at a distance of 50 feet from the building, structure, vehicle or yard in which it is located shall be prima facie evidence of the violation of this subsection.
Loudspeakers, amplifiers, etc., for advertising. The using, operating or permitting to be played, used or operated of any radio set, television 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 and the using, operating or permitting to be played or operated any amplifier, whether for a musical instrument or otherwise, or other machine or device for the producing or reproducing of sound in such a manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or pedestrians or at any time with louder volume then is necessary for convenient hearing by the persons who are in the room of the dwelling and who are voluntary listeners thereto.
Yelling, shouting, etc. 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.
Indecent, profane, etc., language. The uttering of any loud, offensive, violent, indecent or profane language.
Animals, birds, etc. 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.
Whistles. The blowing of any whistle, except to give notice of the time to begin or stop work or as a warning of fire or danger or upon request of proper Borough authority or as may be required by general law or ordinance.
Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor boat or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
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.
Construction or repairing of buildings. The erection, including excavating, demolition, alteration or repair of any building is prohibited other than between the hours of 7:30 a.m. and 7:00 p.m. on weekdays and the hours of 8:00 a.m. and 7:00 p.m. on Saturdays, and is not allowed at all on Sundays, 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 while the emergency continues, and which permit may be renewed for 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 between the hours of 7:00 p.m. and 7:00 a.m. and if he shall further determine that loss of inconvenience would not result to any party in interest, he may grant permission for such work to be done between the hours of 7:00 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.
[Amended 6-21-1988 by Ord. No. 88-6-983; 9-2-1998 by Ord. No. 98-12-1189]
Schools, courts, churches and hospitals. The creation of any excessive noise on any street adjacent to any school, institution of learning or church while the same are in use or adjacent to any hospital or nursing home which unreasonably interferes with the workings of such institution or which disturbs or unduly annoys patients in the hospital or nursing home, provided that conspicuous signs are displayed in such streets indicating that the same is a school or hospital street.
Other noises. Any unnecessary, unusual or disturbing acts, not enumerated herein, as shall be determined by the Municipal Court.
Property maintenance. The use of property maintenance machinery, such as but not limited to leaf blowers, snowblowers, lawn mowers, chain saws (electric- or gasoline-driven), jack hammers or wood chippers shall be prohibited on Saturdays, Sundays and legal holidays, except between the hours of 8:00 a.m. and 7:00 p.m., and on weekdays such use shall be prohibited except between the hours of 7:30 a.m. and 7:00 p.m., except in case of an emergency in the interest of public health and safety.
[Amended 9-2-1998 by Ord. No. 98-11-1189]
Nothing in this chapter shall be deemed to prohibit:
The owner or occupant of a dwelling a reasonable hour from mowing the lawn around such dwelling with a power mower or removing snow with a power blower or from making minor repairs necessary for normal maintenance of such dwelling at any time with any equipment, other than bulldozers, tractors, jack hammers or gasoline powered saws, provided that the making of such minor repairs is not accompanied by any loud, unnecessary or unusual noise.
Bells, chimes or music between the hours of 6:00 a.m. and 9:30 p.m. from any church or music in keeping with the Christmas season during the Christmas season from any private or public source.
Playing by a band or orchestra in a hall, nonresidential building or in the public parks for regular concerts or dances or other events consistent with Chapter 275 or by virtue of special permission of the Mayor and Council.
Parades approved by the Mayor and Council according to law.
The use of sound trucks by civic, charitable, religious, political and other nonprofit corporations when approved according to law or by special permission of the Mayor and Council, provided that no commercial or advertising material shall be programmed, and provided further that the use of the sound truck shall be limited to the hours and routes prescribed, which in no case shall be before 9:00 a.m. nor after 5:00 p.m. on Monday through Saturday and not at all on Sunday.
Police, fire, ambulance, air raid or other sirens, which may be operated by the Borough or civil defense or other governmental authorities.