[HISTORY: Adopted by the Mayor and Council of the Borough of Franklin Lakes 2-14-1990 by Ord. No. 893 as Sec. 3-2 of the 1988 Code. Amendments noted where applicable.]
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, peace or safety of others within the limits of the Borough.
The following acts are hereby declared to be examples of loud, disturbing and unnecessary noise in violation of this chapter:
Radios, televisions, phonographs. The using, operating or permitting to be played, used or operated of any radio-receiving set, television, 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 with louder volume than is necessary for the convenient hearing of the person or persons who are in the room, vehicle or chamber 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 11:00 p.m. and 7:00 a.m., in such manner as to be plainly audible at a distance of 100 feet or more from the building, structure or vehicle in which it is located, shall be prima facie evidence of a violation of this chapter.
Loudspeakers; sound amplifiers. The playing, using or permitting the playing, using or operating of any radio-receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other medium or device for the producing or reproducing of sound or loud noise on the streets or in public places, or which is so placed and operated that the sound therefrom can be heard to the annoyance or inconvenience of any person in such public place, street or on neighboring premises; provided, however, that a sound truck may be operated under regulation of and pursuant to permission for temporary use upon application to and approval by the Council or officer to whom such duty is delegated.
Yelling; shouting. 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, dwelling or other type of residence or of any persons in the vicinity.
Animals. The keeping of any animal which causes or creates a noise of such a character, intensity or duration as to be detrimental to the life, health or welfare of any individual or which either constantly or intermittently annoys, disturbs, injures or endangers the comfort, repose, peace or safety of any individual to an unreasonable extent. Convictions for violations of this section shall cause the following penalties to be imposed:
[Amended 9-15-2009 by Ord. No. 1461]
A homeowner, convicted of a first offense under this section, shall be subject to a maximum penalty of up to $1,000.
A homeowner, convicted of a second offense under this section, shall be subject to a minimum penalty of $500 and a maximum penalty of not more than $1,000 and, at the discretion of the court, be ordered to remove the offending animal, within a reasonable period of time, from the homeowner’s premises.
A homeowner, convicted of a third offense, shall be subject to a minimum penalty of $750 and a maximum penalty of not more than $1,000 and the court shall order the removal of the offending animal, within a reasonable period of time, from the homeowner’s premises.
Horns. The sounding of 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.
Exhaust. The discharge into the open air of the exhaust of any steam engine, stationary internal-combustion engine 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. Operating or use of any motor vehicle, motorcycle, snowmobile, minibike and other like engines which shall make any loud noise on the streets, public places or on private property, causing annoyance or inconvenience to any person or persons in such public place, street or on neighboring premises for any unnecessary or unreasonable period of time.
Construction. Operating any tools, equipment or devices customarily used in construction, drilling, earth moving, excavating or demolition work on any Sunday or legal holiday, or on weekdays and Saturdays between the hours of 6:00 p.m. and 7:00 a.m. Such use of construction equipment is also permitted at hours prohibited herein in case of an emergency in the interest of public health and safety.
[Amended 6-15-2010 by Ord. No. 1485; 3-15-2016 by Ord. No. 1666]
Schools, courts, churches, hospitals. The creation of any excessive noise on any street adjacent to any school, institution of learning, church or court while the same is in use, or adjacent to any hospital, which unreasonably interferes with the working of such institution or which disturbs or unduly annoys patients in the hospital, provided that conspicuous signs are displayed in such street indicating that the same is a school, hospital or court street.
Whistles. The sounding or the blowing of any whistle attached to any building or locomotive except as a warning to prevent injury to life or property.
Loading and unloading operations. The creation of any loud or excessive noises in connection with the loading or unloading of any vehicle or the opening or destruction of bales, boxes, crates or containers, more especially between the hours of 10:00 p.m. and 7:00 a.m.
Drums, etc. The using or playing of any drum, loudspeaker or other instrument or device or the creation of any noise for the purpose of attracting attention to any performance, show or sale or display of merchandise.
Cooling apparatus. The operation of any air conditioner, refrigerator unit, cooling tower, evaporative condenser, air-cooled condenser, mechanical fan, compressor unit or other such apparatus which causes frequent, irregular or continued noise which causes discomfort or annoyance to or which unreasonably invades the privacy of the public.
[Added 6-15-2010 by Ord. No. 1485; amended 8-17-2010 by Ord. No. 1491]
Use of property maintenance machinery, including, but not limited to, lawn mowers, leaf blowers, chain saws, or woodchippers, except on weekdays between the hours of 7:00 a.m. and 6:00 p.m., and Saturdays between the hours of 8:00 a.m. and 6:00 p.m.. Use of property maintenance machinery shall not be permitted on legal holidays or on Sundays, except by property owners who may operate such property maintenance machinery on their own property on legal holidays and Sundays between the hours of 10:00 a.m. and 4:00 p.m.. In addition to the foregoing, during the months of April through October, property owners may use lawn mowers, weed wackers or hedge trimmers on their own property on weekdays between the hours of 7:00 a.m. and 8:00 p.m., on Saturdays between the hours of 8:00 a.m. and 7:00 p.m., and on legal holidays and Sundays between the hours of 10:00 a.m. and 4:00 p.m.
Use of property maintenance equipment is also permitted at hours prohibited herein in case of an emergency in the interest of public health and safety. Property maintenance equipment shall always be operated with a functioning muffler.
Notwithstanding the foregoing, no property maintenance machinery shall be used in such a prolonged or unusual manner as to annoy, disturb, injure or endanger the comfort, repose, health, peace or safety of contiguous property owners and their lawful invitees. Additionally:
Chain saws, woodchippers and similar wood-cutting equipment shall only be used to cut wood originating on the user’s property; and
The above enumeration is only intended to give typical illustrations of prohibited noise and shall not be construed as exclusive.
Nothing herein contained shall be construed to apply to:
The use of bells, chimes or sound amplifiers by churches in church activities.
Activities of the Borough departments in the performance of their duties, drills or public demonstrations.
Activities in the public parks, playgrounds or public buildings under the permission or authority of Borough officials.
Any public utility as defined in Title 48 of the Revised Statutes of New Jersey, or any employees of such public utility, when such public utility or its employees shall be engaged in performing work to prevent the threatened interruption of its services or to terminate the interruption of its service rendered to its customers.
Sound trucks may be operated, in accordance with the following regulations, upon the issuance of a permit by the Police Chief for each occasion and each location: