Borough of Leonia, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Leonia 11-8-1989 by Ord. No. 1091 (Ch. 141 of the 1982 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Noise associated with outdoor cafes — See Ch. 186.
Zoning — See Ch. 290.
As used in this chapter, the following terms shall have the meanings indicated:
PERSON
As used herein, shall include the singular and the plural, and shall also mean and include any individual person, firm, corporation, association, partnership, club, society or any other form of association or organization.
It is hereby declared to be a nuisance, and it shall be unlawful for any person to make, cause or suffer, or permit to be made or caused, upon any premises owned, occupied or controlled by him, or upon any public street, alley or thoroughfare in the Borough of Leonia, any unnecessary noises or sounds by means of the human voice, or by any other means or methods which are physically annoying to persons, or which are so harsh, or so prolonged or unnatural, or unusual in their use, time and place, as to occasion physical discomfort, or which are injurious to the lives, health, peace and comfort of the inhabitants of said Borough, or any number thereof.
It shall be unlawful for any person to play, use, operate or permit to be played, used or operated any radio receiving set, musical instrument, phonograph or other machine or device for the production or reproduction of sound, with louder volume than is necessary for convenient hearing of the person so playing, using or operating such instrument or device, and such persons who are voluntary listeners thereto, or in such manner as to disturb the peace, quiet and comfort of neighboring inhabitants. The use or operation of any such instrument, radio, phonograph, machine or device between the hours of 10:00 p.m. and 9:00 a.m. in such a manner as to be plainly audible at a distance of 100 feet from the building, structure, vehicle or place in which it is used or operated, shall be prima facie evidence of a violation of this chapter. Nothing herein contained shall be construed to prohibit playing by a band or orchestra in a ball, building or in the open air.
It shall be unlawful for any person for advertising purposes or for the purpose of attracting the attention of the passing public, to play, use, operate or permit to be played, used or operated any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound on the streets or public places of the Borough of Leonia, or any place where the sound therefrom is cast directly upon the streets or public places, or which is so placed and operated that the sound therefrom can be heard to the annoyance or inconvenience of travelers upon any street or public place, or of persons in neighboring premises.
It shall be unlawful for any person to play, use or operate for advertising purposes, or for any other purpose whatsoever, on or upon the public streets, alleys or thoroughfares in the Borough of Leonia, any device known as a "sound truck," "loudspeaker" or "sound amplifier," or radio or phonograph with a loudspeaker or sound amplifier, or any other instrument known as a "calliope," or any instrument of any kind or character which emits therefrom loud and raucous noises. A sound truck may be operated under regulation of, and pursuant to, license for said operation obtained from the Borough Council, as provided in an ordinance entitled "An Ordinance Regulating and Prohibiting Certain Uses of Sound Trucks."
It shall be unlawful for any person to sound 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.
[Amended 5-8-2000 by Ord. No. 00-04A; 7-9-2001 by Ord. No. 15-01]
A. 
On Sundays, there shall be no use or operation of any of the following types of tools and equipment: pile drivers, steam shovels, pneumatic or electric jack hammers, derricks, steam or electric hoists, tree clippers, gasoline-powered chain saws, gasoline-powered leaf blowers, excavation equipment, or any tools or commercial equipment which shall make any loud or disturbing noise. Notwithstanding the foregoing, the use or operation of lawn mowers is not prohibited.
B. 
On any day other than Sunday, it shall be unlawful to use or operate noise-emitting apparatus or equipment related to demolition or construction between the hours of 6:00 p.m. and 8:00 a.m. Apparatus or equipment subject to this restriction include, without limitation, pile drivers, steam shovels, pneumatic or electric jack hammers, derricks or hoists.
C. 
Commercial landscaping.
[Amended 12-1-2008 by Ord. No. 33-08]
(1) 
It shall be unlawful to use or operate noise-emitting apparatus or equipment related to commercial landscaping except on the following days, during the hours listed:
(a) 
Monday through Friday: 8:00 a.m. until 6:00 p.m.;
(b) 
Saturday: 9:00 a.m. until 6:00 p.m.; and
(c) 
Sunday: prohibited all day.
(2) 
Apparatus or equipment subject to this restriction include, without limitation, tree chippers, gasoline-powered chain saws, gasoline-powered leaf blowers and gasoline-powered lawn mowers.
D. 
There shall be no excavating, demolition, erection, alteration, repair or other building operations within 1,000 feet of any dwelling or business property during the above-stated hours, except in cases of urgent necessity in the interest of public safety, and then only upon notification to the duty officer of the Police Department as to the nature of the emergency.
E. 
Nothing herein shall prohibit the reasonable noncommercial use of lawn mowers, snow blowers, leaf collectors, power tools, gasoline-powered leaf blowers or other home paraphernalia between the hours of 8:00 a.m. and 8:00 p.m. On Sundays, the reasonable noncommercial use of commercial-type landscaping equipment is only permissible between the hours of 10:00 a.m. and 6:00 p.m.
F. 
The reasonable commercial use of snow removal equipment is not limited under this chapter.
G. 
Nothing herein shall prohibit the use by the Borough of necessary equipment in the public interest.
It shall be unlawful for any person to blow any steam whistle attached to any stationary boiler, except as a warning of danger, or as a signal or warning in connection with civil defense, fire or ambulance calls.
It shall be unlawful for any person to sound any bell or gong, or blow any whistle attached to any building or locomotive except as a warning to prevent injury to life or property.
It shall be unlawful for any hawker, peddler or vendor to shout or cry out his wares upon any street or public place between the hours of 8:30 p.m. and 9:00 a.m.
It shall be unlawful for any person to discharge the exhaust of any steam engine, stationary internal-combustion engine, motor vehicle or motorboat engine into the open air, except through a muffler or other device which will effectively prevent loud noises therefrom.
It shall be unlawful for any person to create any loud or excessive noise in connection with the loading or unloading of any vehicle, or the opening or destruction of bales, boxes, crates or containers. The loading and unloading of commercial vehicles between the hours of 11:00 p.m. and 6:00 a.m. as to represent a nuisance is a violation of this chapter.
[Amended 12-20-2006 by Ord. No. 19-06]
It shall be unlawful for any motor vehicle to be idle with the engine running for a period longer than five minutes for reasons other than traffic congestion. Vehicles performing utility or emergency work and oil trucks while delivering fuel oil are exempt from this prohibition.
It shall be unlawful for any person to use any drum, loudspeaker or other instrument or device, or create any noise for the purpose of attracting attention to any performance, show or sale or display of merchandise.
It shall be unlawful for any person to create any loud or excessive noise on any street or public place adjacent to any church, school, institution of learning or courthouse while the same are in actual use, or adjacent to any hospital, which shall unreasonably interfere with the workings of such institution, providing conspicuous signs are displayed in such streets indicating that the same is a church, school, court, or hospital street.
Nothing in this chapter shall apply to any public utility as defined in Title 48 of Revised Statutes of New Jersey, or to 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 service, or to terminate the interruption of its service rendered to its customers.
This chapter shall not be construed to apply to publicly or Borough-sanctioned events on either public or private property. This chapter shall not be construed to apply to the use of bells, chimes, or sound amplifiers by churches, in church activities as long as those bells, chimes or sound amplifiers are not used before 7:30 a.m. or after 8:00 p.m.
Any person who shall violate any of the provisions of this chapter shall, upon conviction thereof, be punished by a fine of not to exceed $250, and 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.