[HISTORY: Adopted by the Mayor and Council of the Borough of Netcong 10-11-2012 by Ord. No. 2012-17. Amendments noted where applicable.]
It shall be unlawful for a person to make, continue or cause to be made or continued any loud, unnecessary or unusual noise or any noise which does or is likely to annoy, disturb, injure or endanger the comfort, repose, health, peace or safety of others.
Without intending to limit the generality of § 214-1, the following acts are hereby declared to be examples of loud, disturbing and unnecessary noise in violation of this chapter:
Radios; televisions; phonographs: the playing, use or operation of any radio receiving set, television, musical instrument, 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 persons who are in the room, vehicle or chamber in which the machine or device is operated and who are voluntary listeners. The operation of such a set, instrument, machine or device between the hours of 10:00 p.m. and 8:00 a.m. so that it is clearly 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.
Horns: the sounding of a horn or warning device on an 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 on the street. No person shall sound a horn or warning device on an automobile, motorcycle, bus or other vehicle which emits an unreasonably loud or harsh sound or for an unnecessary or unreasonable period of time.
Construction or repair. The carrying on of excavation, demolition, construction, repair or alteration work other than between the hours of 7:00 a.m. and 6:00 p.m., and the carrying on of construction, repair or alteration work by a homeowner on his own dwelling or property other than between the hours of 7:00 a.m. and 9:00 p.m. In case of urgent necessity or in the interest of public health or safety, the Director of Public Works may grant a permit for excavation, demolition, construction, repair or alteration work, for a period not to exceed three days, by the terms of which permit such work may be carried on between 6:00 p.m. and 7:00 a.m.
The above enumeration is intended to give typical illustrations of prohibited noise and shall not be construed as exclusive.
Excessive noise caused by dogs or other animals.
No person shall permit or cause any dog or other animal in his custody, control or ownership to engage in periods of sustained barking, howling, crying or other loud noises for any period of 30 consecutive minutes or two or more intervals of 15 consecutive minutes or more within a one-hour period, between the hours of 10:00 p.m. and 7:00 a.m., which cause an objectively unreasonable disturbance to the quiet of any person or persons residing in the vicinity of the dog or other animal.
No person shall permit or cause any dog or other animal in his custody, control or ownership to be left outdoors if the dog or other animal engages in periods of sustained barking, howling, crying or other loud noises for any period of 15 consecutive minutes or more which would cause an objectively unreasonable disturbance to the quiet of any person or persons residing in the vicinity of the dog or other animal.
Any person observing a violation as defined in Subsection C(1) or (2) herein shall first file a certification with the Board of Health of the Borough of Netcong which shall specifically state a) the date and time or times of the alleged violation; b) the specific place and nature of the violation alleged; c) the name and address of the owner or custodian of the dog or other animal, if known; and d) the description of the dog or other animal, if known. Upon receipt of the certification which sets forth the alleged violation, the Board of Health will then send a notice of alleged violation to the owner or custodian of the dog or other animal which shall inform the party of the offense alleged and advise that if a subsequent offense should occur, a complaint may be filed in the Netcong Municipal Court.
Any police officer, health official or other person authorized to act on behalf of the Borough of Netcong who personally observes the commission of an offense as defined in Subsection C(1) or (2) herein shall be permitted to institute a complaint in the Municipal Court with or without prior notice to the alleged offender.
Any dog pound or similar facility owned or operated by the Borough of Netcong shall be exempt from application of this subsection.
Any person that is legally blind or disabled and requires a Seeing Eye dog or other dog for assistance shall be exempt from application of this subsection.
Any licensed pet store, kennel or animal boarding facility shall be exempt from application of this subsection.
Nothing herein contained shall be construed to apply to:
The use of bells, chimes or sound amplifiers by houses of worship engaged in house of worship activities.
Activities of municipal departments in the performance of their duties, drills or public demonstrations.
Activities in public parks, playgrounds or public buildings under permission or authority of municipal officials.
The playing by a band or orchestra in a hall or building or in the open air, where duly authorized by the Borough.
Any person or persons, firms, corporations or other organizations found to be in violation of this chapter shall, upon conviction thereof in Municipal Court, be punished by a fine not exceeding $1,250 or by imprisonment in the county jail for a term not exceeding 90 days or by a period of community service not exceeding 90 days, or any combination thereof. Each violation of the requirements of this chapter and each and every day the same is violated shall be deemed to be a separate and distinct offense.
Any person who is convicted of violating this chapter within one year of the date of a previous violation of this chapter and who was fined for the previous violation shall be sentenced by the court to an additional fine as a repeat offender. The additional fine imposed by the court upon a person for repeated offense shall be calculated separately from the fine imposed for the violation of the chapter.