[HISTORY: Adopted by the Mayor and Council
of the Borough of East Rutherford 7-16-2002 by Ord. No. 2002-8.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 100.
Entertainment establishments — See Ch. 141.
Peace and good order — See Ch. 214.
Peddling and soliciting — See Ch. 217.
Vehicles and traffic — See Ch. 285.
Vending machines — See Ch. 389.
[1]
Editor's Note: This ordinance also repealed
former Ch. 199, Noise, adopted 3-19-1996 by Ord. No. 96-6, as amended.
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.
A.
NOISE DISTURBANCE
PERSON
REAL PROPERTY BOUNDARY
As used in this chapter, the following terms shall
have the meanings indicated:
Any sound:
Any individual, association, partnership or corporation.
Any imaginary line along the ground surface and its vertical
extension which separates the real property by one person from that
owned by another person, but not including intrabuilding real property
divisions.
B.
All terminology used in this chapter, not otherwise
defined herein, shall be in conformance with applicable publications
of the American National Standards Institute (ANSI) or its successor
body.
A.
No person shall unreasonably make, continue or cause
to be made or continued any noise disturbance. Noncommercial public
speaking and public assembly activities conducted on any public space
or public right-of-way shall be exempt from operation of this chapter.
B.
The following acts, among others, are declared to
be loud, disturbing and unnecessary noises in violation of this chapter,
but said enumeration shall not be deemed to be exclusive, namely:
(1)
Vehicular horns, signaling devices, car alarms, etc.
The sounding of any horn, signaling device and alarm on or in any
automobile, motorcycle, truck, bus or other vehicle in the Borough
except as a danger warning; the creation by means of use of any horn
or signaling device of any noise disturbance; the sounding of any
such device for any unnecessary and unreasonable period of time; and
the use of any such horn or signaling device when traffic is for any
reason held up.
(2)
Radios, televisions, phonographs, tape recorders,
etc. 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 create a noise disturbance or to disturb the
peace, quiet and comfort of the neighboring inhabitants or at any
time with louder volume than is necessary for convenient hearing for
the person or 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 7:00 a.m. the next day
in such manner as to create a noise disturbance across a real property
boundary.
(3)
Loudspeakers, amplifiers. The using, operating or permitting to be played, used or operated of any receiving set, musical instrument, phonograph, loudspeaker, sound amplifier, tape recorder or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or for any other purpose, except as authorized by governmental authorities in connection with law enforcement of public emergencies, provided that such devices may be employed in connection with nonprofit, charitable, educational, civic, religious or recreational activities in accordance with permits first obtained therefor from the Chief of Police pursuant to § 199-5 hereof. In no event shall any loudspeaker, public address system or similar device be used or operated for any noncommercial purpose between the hours of 10:00 p.m. and 9:00 a.m. the following day.
(4)
Yelling, shouting. Yelling and shouting 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 create a noise disturbance or annoy
or disturb the quiet, comfort or repose of persons in any office or
in any dwelling, hotel, motel or other type of residence or of any
persons in the vicinity.
(5)
Animals, birds. Owning, possessing or harboring any
animal or bird which, by causing frequent or long continued noise,
shall cause a noise disturbance to any persons in the vicinity or
in the same dwelling or building.
(6)
Nonvehicular whistles, horns and other signaling devices.
The sounding of any whistle, horn or other signaling device, except
to give notice of the time to begin or stop work or as a warning of
fire or danger, or upon a request by Borough authorities, or as may
be required by general law or ordinance.
(7)
Exhausts. The discharge into the open air of the exhaust
of any steam engine, stationary jet or internal combustion engine
or motor vehicle except through a muffler or other device which will
effectively prevent a noise disturbance or loud or explosive noise
therefrom.
(8)
Vehicles and their loads. The use of any automobile,
motorcycle, truck or vehicle so out of repair, so loud or operated
in such a manner as to create a noise disturbance due to loud and
unnecessary grating, grinding, rattling or other noise.
(9)
Loading or unloading.
(a)
The creation of a noise disturbance across a
real property boundary in connection with the loading or unloading
of any vehicle or the handling or opening and destruction of bales,
boxes, crates or containers.
(b)
Loading or unloading of any vehicle or the handling or opening
or destruction of bales, boxes, crates or containers between the hours
of 11:00 p.m. and 7:00 a.m. within any residential zone, or in any
other zones between the hours of 11:00 p.m. and 5:00 a.m. if located
within 100 feet from any residence located within the Borough.
[Amended 10-17-2017 by Ord. No.
2017-13]
(10)
The excavation, erection, grading, landscaping, demolition, alteration or repair of any building or property other than between the hours of 7:00 a.m. and 6:00 p.m., Monday through Friday, and 9:00 a.m. to 3:00 p.m. on Saturdays. If, pursuant to § 199-5 hereof, the Borough Inspector should determine that the public health and safety will not be impaired by the erection, demolition, alteration or repair of any building or the excavation of streets and highways between the hours of 6:00 p.m. and 7:00 a.m., and if he shall further determine that loss or inconvenience would result in any party in interest, he may grant permissions for such work to be done within the hours of 6:00 p.m. and 7:00 a.m. upon application being made at the time the permit for the work is awarded or during the progress of the work. No work involving the erection, demolition, alteration or repair of any building or the excavation or the movement of any dirt shall be done on Saturday or Sunday, except with permit which may be granted by the Borough Building Inspector in accordance with the conditions set forth above. As this subsection relates to projects by the Municipality, the Municipal Engineer may grant approvals to expand the times and days of work as required in order to complete projects for the benefit of the community.
[Amended 8-19-2003 by Ord. No. 2003-17]
(a)
The provisions of this subsection shall not
apply to interior or exterior repairs or to interior alterations,
the work for which is actually performed by a homeowner, occupant
or tenant between the hours of 8:00 a.m. and 10:00 p.m. upon residential
premises owned by the homeowner or occupied by such occupant or upon
apartments leased by the tenant.
(b)
In the event of an emergency, and a repair is required to correct a safety or health condition such as the lack of heat or otherwise, § 199-10 shall not be applicable.
(c)
Surface blasting shall be conducted only during
daylight hours but not before 8:00 a.m. or after 6:00 p.m., Monday
through Friday.
(11)
Pile driver, hammers or compressors. The operation,
other than between the hours of 7:00 a.m. and 6:00 p.m. on Monday
through Friday, of any pile driver, pneumatic hammer or drill or compressor,
the use of which creates a noise disturbance across a real property
boundary.
(12)
Schools, court, religious institutions, nursing homes.
The creation of a noise disturbance on any street adjacent to any
school, institution of learning, religious institution or court while
the same is in use, or adjacent to any nursing home which unreasonably
interferes with the working of such institution or which disturbs
or unduly annoys patients in the nursing home, provided conspicuous
signs are displayed in such streets indicating that the same is a
school, nursing home, religious institution or court street.
(13)
Drums, etc. The using or playing of any drum, loudspeaker
or other instrument or device or the creation of any noise for the
purpose of attracting attention to any performance, show or sale or
display or merchandise.
(14)
Hawkers, peddlers. The shouting of peddlers, hawkers
and vendors which disturbs the peace and quiet of the neighborhood
or creates a noise disturbance.
(15)
Commercial transport. The causing, permitting or continuing
of any excessive, unnecessary and avoidable noise in the operation
of trucks and buses.
(16)
Blowers. The creation of a noise disturbance from
the operation of any noise-creating blower or power fan or any internal
combustion engine, the operation of which causes noise due to the
explosion of operating gases or fluids, unless the noise from such
blower or fan is adequately muffled and such engine is equipped with
a muffler device sufficient to deaden such noises.
(17)
Cooling apparatus. The operation of any air conditioner,
refrigerator unit, cooling tower, evaporative condenser, air-cooled
condenser, mechanical fan, compressor unit or other such apparatus
which causes frequent, irregular or continued noise or noise disturbance
or which causes discomfort or annoyance to any person.
(18)
Miscellaneous night noises. Any of the following activities
when causing a noise disturbance across a residential real property
boundary line between 11:00 p.m. and 7:00 a.m.: the warming up or
idling of buses, trucks or tractors, and the unnecessary and repeated
idling, acceleration and deceleration or starting and stopping of
automobiles and motorcycles.
C.
The above enumeration is only intended to give typical
illustrations of prohibited noise and shall not be construed as exclusive.
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 officer charged with the responsibility of issuing
permits for the activities requiring permits in accordance with this
chapter shall issue permits for such activities if such officer shall
find that the activities will not unduly or unnecessarily annoy, disturb,
injure or endanger the comfort, repose, health, peace or safety of
others, that the activities will not violate any other ordinance or
law or create a public nuisance and that the public health and safety
will not be endangered thereby.
B.
All permits authorized to be issued by this chapter
shall specify the dates and hours of the permitted activities. No
such permit shall be issued for between the hours of 10:00 p.m. and
7:00 a.m. unless the issuing officer shall determine that it is in
the best interest of the community that the activities take place
wholly or partially during such hours.
C.
The issuing officer is authorized to adopt and use
such forms of applications and permits as may be reasonably required
in the performance of their duties. Each application for a permit
shall be accompanied by a fee of $5, which shall be payable to the
Borough.
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.
A.
No person shall make or cause to be made any sound,
whether directly or indirectly, by any means whatsoever, in such a
manner as to create a sound level which:
(1)
Exceeds the following measurements on the A-weighted
scale of the sound level meter when measured at any outdoor location
along the real property boundary of the premises where the complaint
originates:
(2)
Exceeds the following measurements on the A-weighted
scale of the sound level meter when measured at any indoor location
of the premises on which the complaint originates, if the sound complained
of also originates from the same building:
(3)
In the case of motor vehicles, including automobiles,
motorcycles, trucks and motor bikes, exceeds 86 decibels on the A-weighted
scale of the sound level meter at a distance of 50 feet from the source
of the sound.
B.
Subsection A is applicable when and where the character and nature of any sound or noise lends itself to measurement, but nothing in this chapter shall be construed in any way to limit any other portion or part of this chapter. Subsection A shall not be applicable to activities covered by § 199-3B(10) and (11), nor shall it be applicable to any of the activities designated in § 199-4.
A.
In lieu of issuing a notice of violation as provided for in Subsection B, the public law enforcement officers and others who by law are entitled to enforce or bring compliance under this chapter may, in their discretion, issue an order requiring abatement of any source of sound or vibration alleged to be in violation of this chapter within a reasonable time period.
B.
Except where a person is acting in good faith to comply with an abatement order issued pursuant to Subsection A above, violation of any provision of this chapter shall be cause for a notice of violation to be issued by the public law enforcement officer entitled to enforce or bring compliance under this chapter.
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.
