The Mayor and Council of the Borough find that
the maintenance of loud and annoying noises in the Borough adversely
affects the general welfare of the inhabitants thereof, and pollutes
and endangers the integrity of the environment, and is degrading to
the quality of life, and declares that the provisions of this chapter
are, as a matter of legislative determination and public policy, in
pursuance of and for the purpose of securing and promoting the public
health, comfort, convenience, safety, welfare and well-being of the
residents of the Borough, and for the purpose of maintaining the peace
and quiet within the Borough during the normal hours of rest.
Nothing herein contained shall be construed
to apply to church bells or chimes; or to prohibit playing by a band
or orchestra in a hall or building or in the open air where duly authorized;
or to municipal, county, state or federal government agencies; utility
companies or employees thereof in connection with any emergency; or
to normal working activities of or activities sponsored by the Borough;
or to warning devices on authorized emergency vehicles; or to horns
or other devices on other vehicles used only for traffic safety purposes;
or to any motor vehicle which compacts or collects refuse. The provisions
of this chapter shall not apply to:
A. The emission of sound for the purpose of alerting
persons to the existence of an emergency; or
B. The emission of sound in the performance of emergency
work or emergency repairs.
An applicant for a permit hereunder shall have
the right to appeal to the Mayor and Council from the denial of the
permit by the issuing officer. Such appeal shall be taken by filing
a written notice of appeal addressed to the Mayor and Council at the
Borough Hall. Such notice shall be filed within three days after the
issuing officer shall have notified the applicant of the denial of
the permit. The Mayor and Council shall act upon the appeal as soon
as practicable after receiving the notice thereof and shall give the
applicant an opportunity to be heard before taking action. The Mayor
and Council may affirm or reverse the issuing officer's denial of
the permit or may grant the permit with modifications or conditions.
In addition to public law enforcement officers and others who by law are entitled to enforce or bring complaints under this chapter, the officers who are designated hereunder for the issuance of permits shall have the power to enforce and bring complaints under this chapter. The Building Inspector is only authorized to bring complaints for violations of §
199-3B(10) and
(11) of this chapter. In addition, any person may bring a complaint in the East Rutherford Court on his own behalf against any person who is alleged to be in violation of any provision of this chapter.
The provisions of this chapter are not intended
to be exclusive or to supersede any other remedies provided by law
or ordinance. If any clause, sentence, paragraph, subsection or part
of this chapter shall be adjudged by any court of competent jurisdiction
to be invalid, such judgment shall not affect, impair or invalidate
the remainder thereof, but shall be confined in its operation to the
clause, sentence, paragraph, section or part thereof directly involved
in the controversy in which such judgment shall have been rendered.
Any person violating any provisions hereunder
shall be subject to a fine of no less than $100 and no more than $500
for a first offense. Any person violating this chapter for a second
or subsequent offense shall be fined no less than $250 and no more
than $750.