[HISTORY: Adopted by the Borough Council
of the Borough of Medford Lakes 6-27-2002 by Ord. No. 480. Amendments
noted where applicable.]
[Amended 10-23-2013 by Ord. No. 611]
A.
No person
shall make, continue or cause to be made or continued any loud, disturbing,
unnecessary or unusual noise or any noise which creates a public nuisance
or which materially disturbs or is reasonably likely to materially
disturb the comfort, repose, health, peace or safety of others, to
an unreasonable extent, or causes a public nuisance.
B.
This chapter
is adopted as a nuisance ordinance under the Borough’s general
welfare authority and is not adopted pursuant to New Jersey Department
of Environmental Protection ("DEP") Regulations at N.J.A.C. 7:29-1.1
et seq. As such, it does not rely upon decibel measurements or other
technical standards and is not intended to be subject to DEP oversight
or approval.
A.
Without intending to limit the generality of § 163-1, the following acts are hereby declared to be examples of loud, disturbing and unnecessary noise in violation of this chapter:
(1)
Horns and signaling devices. The sounding of a horn
or signaling device on an 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 warning of impending danger
to persons driving other vehicles or to persons on the street. No
person shall sound a horn or signaling device on an automobile, motorcycle,
bus or other vehicle, or allows an automobile alarm, which emits an
unreasonably loud or harsh sound, or for an unnecessary or unreasonable
period of time. No person shall use any signaling device except one
operated by hand or electricity. The use of any horn, whistle or other
device operated by engine exhausts is prohibited. The use of any signaling
device when traffic for any reason is delayed is prohibited.
(2)
Radios, televisions, musical instruments, stereos,
CD players, phonographs. The playing, use or operation of a radio
receiving set, television, musical instrument, or instruments (including
a live band), device used to play back recorded music, CD player,
stereo, phonograph or other machine or device for the producing or
reproducing of sound, in such a manner as to (a) disturb the peace,
quiet and comfort of others, or (b) with louder volume than is reasonably
necessary for the convenient hearing for persons who are in the room,
or (c) which distracts or is likely to distract the operator of a
motor vehicle or which creates an unsafe condition for the operation
of a motor vehicle, or chamber in which the machine or device is operated,
and who are voluntary listeners thereto. The operation of any such
set, television, musical instrument, or instruments (including a live
band), CD player, stereo, phonograph, or other machine or device between
the hours of 10:00 p.m. and 7:30 a.m., from Sunday through Thursday,
and between midnight and 7:30 a.m. on Friday and Saturday, so that
it is clearly audible at a distance of 50 feet from the building,
structure or vehicle in which it is located shall be prima facie evidence
of a violation of this section.
(3)
Loudspeaker; amplifiers for advertising. The using,
operating or permitting to be played, used or operated any radio receiving
set, musical instrument, stereo, CD player, phonograph, loudspeaker,
sound amplifier, or other machine or device for the producing or reproducing
of sound, which is cast upon the public streets for commercial purposes,
with the following exceptions: such sound as may attract attention
but which will not disturb the peace, quiet and comfort of the inhabitants,
to an unreasonable extent, considering the circumstances, provided
that such sound is produced or caused to be produced only between
the hours of 9:00 a.m. and 5:00 p.m. Such sound shall not be audible
in any location for a period of longer than five minutes in any hour,
except by special permit from the Borough Manager.
(4)
Yelling; shouting. Yelling, shouting, hooting, whistling,
or singing on the public streets between the hours of 10:00 p.m. and
7:30 a.m., or at any time or place, in a course or offensive manner,
which materially disturbs or is reasonably likely to materially disturb
the quiet, comfort or repose of persons in any office, store, dwelling,
or other type of residence or of any persons in the vicinity, to an
unreasonable extent, considering the circumstances.
(5)
Animals; birds. The keeping of animals or birds which,
by causing frequent or long-continued noise, which materially disturbs
or is reasonably likely to materially disturb the comfort or repose
of any person in the vicinity to an unreasonable extent considering
the circumstances.
(6)
Whistles. The blowing of any whistle, except as a
warning of fire or danger, or except in a refereed sporting event,
or upon request of proper Borough authorities, or as may be required
by general law or ordinance.
(7)
Exhaust. The discharge into the open air of the exhaust
of equipment, machinery, tools, engines, motors, or motor vehicle,
except through a muffler or other device which effectively prevents
loud or explosive noises.
(8)
Defect in vehicle or load. The use of an automobile,
motorcycle or vehicle so out of repair, so loaded or in such manner
that it creates loud and unnecessary grating, grinding, rattling or
other noise.
(9)
Loading and unloading; opening boxes. The creation
of a loud and excessive noise in connection with loading or unloading
any vehicle or the opening and destruction of bales, boxes, crates
and containers.
(10)
Construction or repair. The carrying out of excavation,
demolition, construction, repair or alteration work, by commercial
contractors, other than between the hours of 8:00 a.m. and 8:00 p.m.
weekdays and Saturdays; the carrying on of construction, repair or
alteration work by a homeowner on his/her own dwelling or property,
other than between the hours of 8:00 a.m. and 8:00 p.m., Monday through
Saturday, and other than between 10:00 a.m. and 6:00 p.m. on Sunday.
In the case of urgent necessity or in the interest of public health
or safety, the Borough Manager may grant a waiver for excavation,
demolition, construction, repair or alteration work for a period not
to exceed three days, which may be renewed for additional periods
of three days, while the emergency continues.
(11)
Courts, schools, and churches. The creation of excessive
noise on a street adjacent to a school, institution of learning, church
or court while in use which unreasonably interferes with the working
of the institution or which materially disturbs or is reasonably likely
to materially disturb or distract the students, teachers and administrators
or congregation.
(12)
Drums and similar instruments. The use of any drum
or other instrument or device for the purpose of attracting attention
by creation of noise to any performance, show or sale.
(13)
Hawkers, peddlers, and vendors. The shouting and crying
of peddlers, hawkers, and vendors, which materially disturbs the peace
and quiet of the neighborhood to an unreasonable extent, considering
the circumstances.
(14)
Blowers, chain saws, lawn equipment, and other portable
internal engines. The operation of any snow blower, leaf blower, or
any other type of blower or power fan or chain saw, or lawn equipment,
or any motor or engine, the operation of which causes noise due to
the explosion of operating gases or fluids, unless the noise from
such blower, fan, chain saw, or lawn equipment is muffled by a properly
functioning muffler device, and is operated other than between 8:00
a.m. and 8:00 p.m., Monday through Saturday, by commercial contractors,
and other than between 8:00 a.m. and 8:00 p.m., Monday through Saturday,
and other than between 10:00 a.m. and 6:00 p.m. on Sunday, by homeowners.
(15)
Outside alarms. The use of any alarm system emitting
an audible or visible response, whether from a dwelling or a motor
vehicle, shall, at the time such system is installed, cause to be
installed an automatic timing device which shall deactivate such alarm
so that it will be activated for no more than 15 minutes. All outside
alarms shall be registered with the Borough police with an emergency
phone number, as well as an alternate phone number, where someone
with responsibility in relation to the alarmed premises may be contacted
at any time by the Borough police.[1]
(16)
Public sales; taxicabs. Public outcries shall be prohibited
at or for any public sale or auction, or to advertise any goods, wares
or merchandise for sale, or to attract any attention, or to gain passengers
for any cab, taxicab, hack or omnibus.
B.
The above enumeration is intended to give typical
illustrations of prohibited noise and shall not be construed as exclusive.
This chapter shall not be construed to apply
to church bells or chimes, or to prohibit playing by a band or orchestra
incident to civic or community functions, either in a hall, building
or in the open air, or to prohibit the usual noise incident to civic
or community-sponsored functions, such as celebrations in observance
of Memorial Day, Independence Day, Canoe Carnival, etc., between the
hours of 8:00 a.m. and 12:00 midnight.
[Amended 10-23-2013 by Ord. No. 611; 4-23-2014 by Ord. No. 615]
Any person, firm, corporation, association or legal party whatsoever who or which shall violate, or authorize or procure a violation, or cause to be violated, any provision of this chapter shall, upon conviction thereof, be punishable as provided under the general penalty provisions found at § 1-15 of this Code. This, however, shall not apply against any municipal employee or officer that authorizes action by permit or otherwise in the ordinary course of their duties.
