[HISTORY: Adopted by the Township Committee of the Township of Boonton 1-23-1995
by Ord. No. 514. Amendments noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 112.
No person shall make, continue or cause to be made or continued any
loud, unnecessary or unusual noise or any noise which does or is likely to
unreasonably annoy, disturb, injure or endanger the quiet, comfort, repose,
health, peace or safety of others.
A.
Without intending to limit the generality of § 107-1, the following acts are hereby declared to be examples of loud, disturbing and unnecessary noise in violation of this chapter:
(1)
Radios, televisions and phonographs. The playing, use
or operation of any radio receiving set, television, musical instrument, phonograph,
tape recorder or other machine or device for the producing of sound in such
a manner as to unreasonably disturb the peace, quiet and comfort of neighboring
inhabitants or while inside any theater, retail store, bank, public building,
public modes of transportation, indoor or outdoor public sports area or other
outdoor public area, without the use of earphones, in such a manner or with
such volume as to unreasonably annoy or disturb the quiet, comfort or peace
of the public or with louder volume than is necessary for convenient hearing
for persons who are in the room, vehicle or chamber in which the machine or
device is operated and who are voluntary listeners. The operation of such
a set, instrument, phonograph, machine or device between the hours of 10:00
p.m. and 9:00 a.m. so that it is clearly 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)
Yelling and shouting. Yelling, shouting, hooting, whistling
or singing, particularly between the hours of 10:00 p.m. and 7:00 a.m., or
at any time or place, which unreasonably annoys or disturbs the quiet, comfort
or repose of persons in any office, dwelling, hotel, motel or other type of
residence or of any persons in the vicinity.
(3)
Animals and birds. The keeping of animals or birds which,
by causing frequent or long-continued noise, unreasonably disturbs the comfort
or repose of any person in the vicinity.
(4)
Horns. The soundings of a horn or warning 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 warning device on an automobile,
motorcycle, bus or other vehicle which emits an unreasonably loud or harsh
sound or for an unnecessary or unreasonable period of time.
(5)
Exhaust. The discharge into the open air of the exhaust
of a steam engine, internal combustion engine or motor vehicle, except through
a muffler or other device which will effectively prevent loud or explosive
noises.
(6)
Defect in vehicle or load. The use of an automobile,
motorcycle or vehicle so out of repair or so loaded that it creates unreasonably
loud and unnecessary grating, grinding, rattling or other noise.
(7)
Construction or repair. The carrying on of excavation,
demolition, construction, repair or alteration work other than between the
hours of 7:00 a.m. and sunset or 8:00 p.m., whichever occurs first, Monday
through Friday and 8:00 a.m. and sunset or 8:00 p.m., whichever occurs first,
on Saturdays, Sundays and state and federal holidays; the carrying on of construction,
repair or alteration work by a homeowner on his own dwelling or property,
other than between the hours of 7:00 a.m. and sunset or 8:00 p.m., whichever
occurs first, Monday through Friday and 8:00 a.m. and sunset or 8:00 p.m.
which ever occurs first, on Saturdays, Sundays and state and federal holidays.
In the case of urgent necessity or in the interest of public health or safety,
the Chairman of Public Works 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 permit such work may be carried on between sunset or
8:00 p.m., whichever occurs first, and 7:00 a.m. Monday through Friday and
sunset or 8:00 p.m., whichever occurs first, and 8:00 a.m. on Saturdays, Sundays
and state and federal holidays.
[Amended 5-24-2004 by Ord. No. 677]
(8)
Schools, courts, churches and hospitals. The creation
of excessive noise on a street adjacent to a school, institution of learning,
church or court while in use or adjacent to a hospital which unreasonably
interferes with the working of the institution or which disturbs or unduly
annoys patients in the hospital, provided that conspicuous signs are displayed
in such a street indicating that it is a school, hospital or court street.
(9)
Public sales and 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.
(10)
Landscaping equipment and mechanized construction vehicles.
The starting, driving or operating of any landscaping equipment or mechanized
construction vehicle or equipment other than between the hours of 7:00 a.m.
and sunset or 8:00 p.m. whichever occurs first, Monday through Friday and
8:00 a.m. and sunset or 8:00 p.m., whichever occurs first, on Saturdays, Sundays
and state and federal holidays; the starting, driving or operating of any
landscaping equipment or mechanized construction vehicle or equipment by a
homeowner on his own property other than between the hours of 7:00 a.m. and
sunset or 8:00 p.m. whichever occurs first, Monday through Friday and 8:00
a.m. and sunset or 8:00 p.m. whichever occurs first, on Saturdays, Sundays
and state and federal holidays.
[Amended 5-24-2004 by Ord. No. 677]
B.
The above enumeration is 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
engaged in church activities.
B.
Activities of Township departments and other governmental
entities in the performance of their duties, drills or public demonstrations.
[Amended 4-24-1995 by Ord. No. 520]
C.
Activities in public parks, playgrounds or public buildings
under permission or authority of the Township.
[Amended 4-9-2007 by Ord. No. 739]
Any person, firm, partnership, corporation, association or other legal entity violating any of the provisions of this chapter shall be subject, upon conviction, to the penalties provided in § 1-15 of this Code. Each violation of any of the provisions of this chapter and each day the same is violated shall be deemed and taken to be a separate and distinct offense.
