[HISTORY: Adopted by the City Council of
the City of East Orange 2-22-1982 by Ord. No. 3-1982[1]. Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 184,
Noise, adopted 3-25-1968 by Ord. No. 20-1968, as amended.
It shall be unlawful for any person to make,
continue, suffer, permit, allow or cause to be made or continued,
upon any premises or in any vehicle owned, occupied or controlled
by him or upon any public street, thoroughfare or parking lot or in
any public park, playground, gathering place or means of public transportation,
any excessive, unnecessary or unusually loud noise which either annoys,
injures, disturbs or endangers the comfort, health, repose, peace
or safety of others within the City or which are so harsh, prolonged
or unusual in their use, time and place as to annoy, disturb or endanger
the comfort, health, repose, peace or safety of others in the City.
Loud, disturbing, injurious, unnecessary and unlawful noises in violation
of this section include, but are not limited to, the following enumerated
acts:
A.
Noise-producing devices.
[Amended 5-12-1986 by Ord. No. 6-1986; 11-14-1988 by Ord. No. 34-1988]
(1)
The playing or permitting the playing of any radio,
tape player, compact disc player, phonograph, amplified musical instrument,
motor vehicle sound system or similar device:
(a)
In such a manner as to create a noise disturbance
across real property boundaries or within a noise-sensitive zone.
(b)
When played in any motor vehicle in such a manner
as to create a noise disturbance outside the vehicle as to be plainly
audible at a distance of 50 feet.
(c)
When played in any motor vehicle in such a manner
as to create a sound level of 65 decibels on the A-scale as read by
the slow response of a sound level meter when read at the curbline
of the adjoining street, at any time, or in such a manner as to produce
sound which is plainly audible to anyone other than occupants of the
motor vehicle.
[Amended 4-24-1989 by Ord. No. 6-1989]
(d)
When played on any street or sidewalk, playground,
school, park or common area of any building in such manner so as to
create a noise disturbance.
(e)
When played by any passenger on a common carrier
in such a manner as to be heard by any other passenger.
(f)
When played in any residential neighborhood
so as to produce 65 decibels on the A-scale as read by the slow response
of a sound level meter when measured at a distance of 25 feet or at
the next adjoining full property line between the hours of 9:00 a.m.
and 10:00 p.m., or when played between the hours of 10:00 p.m. and
9:00 a.m. on any street, playground, school, park or common area of
any building in such a manner as to be heard by anyone other than
the operator of the device.
(2)
For the purpose of this section, "noise disturbance"
means any sound which endangers or injures the safety or health of
humans or animals or disturbs a reasonable person of normal sensitivities.
(3)
The following acts are prohibited in the City of East
Orange:
(4)
"Boombox" means any radio, tape player, compact disc
player or loudspeakers; combination of radio, tape player, compact
disc player and loudspeakers; or similar devices which are operated
to produce 65 decibels on the A-scale, as read by the slow response
of a sound level meter when measured at 25 feet or at the next adjoining
full property line, and which:
(5)
This section shall not prohibit:
(a)
Any parade or concert or concert practice, provided
that the Police Chief receives notice at least two days in advance.
(b)
Any event sponsored or conducted by the City
of East Orange, the State of New Jersey or any of their governmental
agencies.
(c)
Any event conducted by any block association
or civic association, provided that the Police Chief receives notice
at least two days in advance.
(6)
For the purpose of this chapter, "decibel" is defined
as a unit for measuring the volume of a sound equal to 20 times the
logarithm to the base 10 of the ratio of the pressure of the sound
measured to the reference pressure, which is 20 micropascals (20 micronewtons
per square meter).
B.
The sounding of any horn or signal device on any automobile,
motorcycle, bus, train or other vehicle while not in motion, except
as a danger signal or to give warning of intent to get into motion
or, if in motion, only as a danger signal after or as brakes are being
applied and decelerating of the vehicle has begun; the creation by
means of such signal devices of any unreasonably loud or harsh sounds;
and the sounding of any signal device for any unreasonable or unnecessary
period of time.
C.
Advertising or attempting to attract the attention
of the passing public or persons inside any structure by means of
hawking, crying out or playing, using, operating or permitting to
be played, used or operated, any radio, television, musical instrument,
phonograph, loudspeaker, calliope, sound truck, sound amplifier or
other machine or device for the producing or reproducing of sound
on the streets, thoroughfares or public places of the City, or in
any place where the sound therefrom is cast directly upon the streets
or public places, or which is so placed or operated that the sound
therefrom can be heard to the annoyance or inconvenience of passersby
or of persons in neighboring premises.
D.
Machinery or equipment, or construction or industrial
activity, emitting sounds in proximity to residential buildings which
are unreasonably loud and disturbing to the residents thereof, shall
not be used or conducted other than between the hours of 7:00 a.m.
and 6:00 p.m., and then only if unavoidable and to the extent necessary
therefor. Where any such use other than during the hours aforesaid
is unavoidable, application for a temporary permit therefor shall
be made to the Construction Official, who may authorize such use if,
in his opinion, such use between the hours of 6:00 p.m. and 7:00 a.m.
is, in fact, unavoidable and essential for the accomplishment of some
lawful purpose.
E.
The creation of a loud and excessive noise in connection
with loading or unloading any vehicle or the opening and destruction
of bales, boxes, crates and containers.
F.
The hawking of goods, merchandise or newspapers in
a loud or boisterous manner.
G.
The keeping, harboring or possessing of any dog, bird
or other animal on premises or in any public place, which animal shall
habitually bark, snarl, growl or make any other disturbing noises
to other persons in the vicinity.
H.
Operation of any steam engine or internal combustion
engine, except with a muffler or other device which effectively prevents
loud or explosive noises therefrom.
I.
The blowing of any horns, whistles, sirens or similar
device, except to give notice of the time to begin or stop work or
as a warning of fire or danger.
Nothing contained in § 184-1 shall be construed to apply to church bells or chimes, emergency vehicles and bands or orchestras playing in a hall, building or in the open air in connection with or as a public or private school activity or with a parade permit issued by the Public Officer.
[Amended 5-12-1986 by Ord. No. 6-1986; 11-14-1988 by Ord. No. 34-1988; 12-26-2006 by Ord. No.
35-2006]
A.
Any person or persons violating § 184-1A et seq. of this chapter shall be subject to the issuance of a written warning from the East Orange Police Department upon said Police Department receiving a complaint and investigating same. Said warning shall notice the person or persons violating § 184-1A et seq. that, should the East Orange Police Department issue two written warnings for violation of § 184-1A et seq. to persons or persons at the same residence, the provisions of § 184-3B shall apply with full force.
