[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.
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 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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
(7)
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]
(8)
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.
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 municipal departments in the performance
of their duties, drills or public demonstrations.
C.
Activities in public parks, playgrounds or public
buildings under permission or authority of municipal officials.
D.
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]
A.
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]
B.
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.
C.
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.
