[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:
A.
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.
B.
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.
C.
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:
A.
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.
B.
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.
C.
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.
D.
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.
E.
Indecent, profane, etc., language. The uttering of any
loud, offensive, violent, indecent or profane language.
F.
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.
G.
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.
H.
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.
I.
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.
J.
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]
K.
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.
M.
Other noises. Any unnecessary, unusual or disturbing
acts, not enumerated herein, as shall be determined by the Municipal Court.
N.
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:
A.
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.
B.
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.
C.
D.
Parades approved by the Mayor and Council according to
law.
E.
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.
F.
Police, fire, ambulance, air raid or other sirens, which
may be operated by the Borough or civil defense or other governmental authorities.
