Borough of Closter, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Closter 11-22-1967 by Ord. No. 1967:179 as Ch. 60 of the 1967 Code. Amendments noted where applicable.]
Animals — See Ch. 71.
It is hereby declared a nuisance and it is unlawful for any person, firm or corporation to:
Make, continue, permit or cause to be made, continued or permitted any noise or any loud, unnecessary or unusual noise which either unreasonably annoys or disturbs or injures or endangers the comfort, repose, health, peace, rest, safety or welfare of others.
Make, cause, suffer or permit to be made upon any premises owned, occupied or controlled by him or her or it or in any public place or upon any public highway, street or thoroughfare in the Borough of Closter any unnecessary noises or sounds, either by the human voice or any other means or methods which are physically annoying to persons or which are so harsh or so prolonged or so loud or so unnatural or so unusual in their use, time or place as to cause or occasion discomfort or which are injurious to the lives, health, peace, comfort and welfare of the inhabitants of the borough.
[Amended 10-8-2014 by Ord. No. 2014:1175]
No person shall use or operate any facility, machine or instrument or produce or cause to be produced any sound in the Borough when the same produces noise, the sound pressure level of which, measured at the point of annoyance complained of, exceeds 90 decibels. Nothing herein contained shall be construed to prohibit playing by a band or orchestra in a hall, building or in the open air. Pursuant to N.J.A.C. 7:29-1.5, certain exceptions to noise control apply, including but not limited to:
Emergency release devices.
When public health and safety is involved, emergency road work to provide electricity, water, or other public utilities and to conduct emergency roadwork or demolition.
National Warning System (NAWAS).
Noise of aircraft flight operations.
Public celebrations that are government-sponsored or government-permitted events.
Use of explosive devices regulated by the 1960 Explosives Act (N.J.S.A. 21:1A-1 to 21:1A-21).[1]
Editor's Note: See N.J.S.A. 21:1A-128 et seq.
Emergency generators at an industrial, commercial, or community service facility during an electrical outage.
It shall be unlawful for any person, firm or corporation for advertising purposes or for the purpose of attracting the attention of the passing public to play, use, operate or permit to be played, used or operated any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound on the streets or public places of the Borough of Closter or in any place where the sound therefrom is cast directly upon the streets or public places or which is so placed and operated that the sound therefrom can be heard to the annoyance or inconvenience of travelers upon any street or public places or of persons in neighboring premises.
It shall be unlawful for any person, firm or corporation, either as principal, agent or employee, to play, use or operate, for advertising purposes or for any other purpose whatsoever, in public places or on or upon the public streets, alleys or thoroughfares in the Borough of Closter any device known as a "sound truck," "loudspeaker" or "sound amplifier" or a radio or phonograph with a loudspeaker or sound amplifier or any other instrument known as a "calliope" or any instrument of any kind or character which emits therefrom loud and raucous noises and is attached to and upon any vehicle operating or standing upon said streets or public places aforementioned without a special permit therefor. Permits shall be issued by the Borough Clerk upon application and shall be issued only to persons, firms or corporations engaged in charitable activities or in a purpose not for pecuniary profit. Such permits shall be issued for a maximum period of two calendar days during the periods of 9:00 a.m. to 10:00 p.m. and not thereafter.
It shall be unlawful for any person, firm or corporation to sound any horn or warning device on any automobile, motorcycle, bus or other vehicle except when required by law or when necessary to give timely warning of the approach of the vehicle or as a warning of impending danger to persons driving other vehicles or to persons upon the street. No person shall sound any horn or warning device on any automobile, motorcycle, bus or other vehicle which shall emit an unreasonably loud or harsh sound or for any unnecessary or unreasonable period of time.
It shall be unlawful for any person, firm or corporation to keep, harbor or maintain any animal or bird which shall cause or make or emit any frequent or long-continued noise which shall disturb the peace, comfort, rest or repose of any person in the vicinity.
[Amended 11-23-1987 by Ord. No. 1987:552]
It shall be unlawful for any person, firm or corporation to perform excavation, demolition, construction, repair or alteration work before 7:00 a.m. or after 7:00 p.m. Mondays through Fridays; before 9:00 a.m. or after 7:00 p.m. Saturdays, Sundays and holidays. Construction work can be performed before or after these specified times so long as the noise levels do not exceed those outlined in § 134-32. Also, in the case of urgent necessity or in the interest of public health or safety, the DPW Superintendent, Police Chief, Fire Chief or Construction Code Official may grant a permit for excavation, demolition, construction, repair or alteration work for a period not to exceed three days, by the terms of which, such work may be carried on between hours otherwise prohibited by this section.
[Amended 5-11-2016 by Ord. No. 2016:1205]
As used in this section, the following terms shall have the meanings indicated:
Any activity at or on the building, excavation or demolition site, including but not limited to the delivery of materials, movement of heavy equipment or use of gas or electric power equipment.
New Year's Day, January 1; Memorial Day, last Monday in May; Independence Day, July 4; Labor Day, first Monday in September; Thanksgiving Day, fourth Thursday in November; and Christmas Day, December 25.
Does not include activities, including but not limited to painting or wallpapering, which do not create a nuisance as set forth in § 134-1 of this chapter.
[Amended 11-23-1987 by Ord. No. 1987:552; 1-3-1994 by Ord. No. 1993:663]
Any person, firm or corporation who or which shall violate any of the provisions of this chapter shall, upon conviction thereof, be punished as set forth in Chapter 1, General Provisions, Article II, Violations and Penalties, of this Code.
[Added 11-23-1987 by Ord. No. 1987:552]
It shall be the duty of the Police Department to enforce the provisions of this chapter.