[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.
A.
The following acts are hereby declared to be examples
of loud, disturbing and unnecessary noise in violation of this chapter:
(1)
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.
(2)
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.
(3)
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.
(4)
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)
A homeowner, convicted of a first offense under this section, shall
be subject to a maximum penalty of up to $1,000.
(b)
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.
(c)
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.
(5)
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.
(6)
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.
(7)
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.
(8)
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]
(9)
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.
(10)
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.
(12)
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.
(13)
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.
(14)
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.
(15)
Property
maintenance.
[Added 6-15-2010 by Ord. No. 1485; amended 8-17-2010 by Ord. No.
1491]
(a)
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.
(b)
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.
(c)
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:
[1]
Chain saws, woodchippers and similar wood-cutting equipment shall
only be used to cut wood originating on the user’s property;
and
[2]
If the wood to be cut does not originate on the owner’s or occupant’s property but is to be used by the owner or occupant on the premises and is not to be sold or distributed for off-premises use, the equipment set forth in Subsection A(15)(c)[1] is permitted to cut it.
B.
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:
A.
The use of bells, chimes or sound amplifiers by churches
in church activities.
B.
Activities of the Borough departments in the performance
of their duties, drills or public demonstrations.
C.
Activities in the public parks, playgrounds or public
buildings under the permission or authority of Borough officials.
D.
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:
