[HISTORY: Adopted by the Borough Council of the Borough of Upper Saddle River as Section 4-2 of Ch. IV of the Revised General Ordinances, 1971. 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 neighboring inhabitants or with louder volume than is necessary for convenient hearing for the 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 8:00 a.m. in such manner as to be plainly audible at a distance of 100 feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this chapter.
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, hotel, motel or other type of residence or of any persons in the vicinity.
Animals; birds. The keeping of any animals or birds which, by causing frequent or long-continued noise, disturbs the comfort or repose of any person in the vicinity, but nothing herein contained is intended to apply to a dog pound or kennel licensed in accordance with Chapter 46 of this Code.
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 emits 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 effectively prevents 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.
New construction, additions, alterations, renovations, reconstruction and demolition. As used herein, the foregoing terms shall have the meanings set forth in N.J.A.C. 5:23-6.3 or any successor provision. Any and all excavation, commercial landscaping, septic work, new construction, construction relating to additions, renovations, reconstruction and demolition shall be prohibited on any Sunday and legal holiday and may occur only between the hours of 8:00 a.m. and 6:00 p.m. Monday through Friday and 8:00 a.m. and 3:00 p.m. on Saturday. Notwithstanding the foregoing, maintenance, repairs and landscaping work may be performed by a homeowner on his or her own occupied dwelling or property between the hours of 8:00 a.m. and 6:00 p.m. Monday through Friday and 8:00 a.m. and 6:00 p.m. Saturday, Sunday, and legal holidays. In case of urgent necessity or in the interest of public health or safety, the Construction Official, Director of Public Works or their designee may grant permission outside the above hours for excavation, demolition, construction, repair or alteration work for a period not to exceed three calendar days. The provisions herein shall not be deemed to apply to government agencies, utilities and weather-related issues, nor to any work performed by the Borough Department of Public Works nor any contractor retained by the Borough in connection with the maintenance of public parks, lands and facilities.
[Amended 3-2-2017 by Ord. No. 2-17; 9-7-2017 by Ord. No. 11-17]
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.
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:
The use of bells, chimes or sound amplifiers by churches engaged in church activities.
Activities of municipal departments in the performance of their duties, drills or public demonstrations.
Activities in public parks, playgrounds or public buildings under permission or authority of municipal officials.
The playing by a band or orchestra in a hall or building or in the open air.
Sound trucks may not be operated at any time or place in the Borough.
[Added 5-8-1986 by Ord. No. 8-86]
Maximum penalty. For violation of any provision of this chapter, the maximum fine shall be in accordance with § 1-15 of this Code.
[Amended 9-8-1988 by Ord. No. 16-88]
Separate violations. Except as otherwise provided, each and every day in which a violation of any provision of this chapter exists shall constitute a separate violation.
Application. The maximum penalty stated in this section is not intended to state an appropriate penalty for each and every violation. Any lesser penalty, including a nominal penalty or no penalty at all, may be appropriate for a particular case or violation.