[HISTORY: Adopted by the Mayor and Council of the Borough of Totowa 12-4-1979 by Ord. No. 19-79 (Ch. 93, Art. IV, of the 1974 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 115.
Graffiti — See Ch. 208.
It shall be unlawful for any person to make, continue or cause to be made or continued any loud, unnecessary or unusual noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others within the limits of the Borough of Totowa.
A. 
The following acts are hereby declared to be examples of loud, disturbing and unnecessary noise in violation of this chapter:
(1) 
Radios; televisions; phonographs. The using, operation 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 disturb the peace, quiet and comfort of the neighboring inhabitants or with louder volume than is necessary for the convenient hearing of 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., in such manner as to be plainly audible at a distance of 100 feet or more from the building, structure or vehicle in which it is located, shall be prima facie evidence of a violation of this chapter.
(2) 
Loudspeakers; sound amplifiers. The playing, using or permitting the playing, using or operating of any radio-receiving set, musical instrument, phonograph, loudspeakers, sound amplifier or other medium or device for the producing or reproducing of sound or loud noise on the streets or in public places, or which is so placed and operated that the sound therefrom can be heard to the annoyance or inconvenience of any person in such public place, street or on neighboring premises; provided, however, that a sound truck may be operated under regulation of and pursuant to permission for temporary use upon application to and approval by the Council or officer to whom such duty is delegated.
(3) 
Yelling; shouting. Yelling, shouting, hooting, whistling or singing 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 annoy or disturb the quiet, comfort or repose of persons in any office, dwelling or other type of residence or of any persons in the vicinity.
(4) 
Animals; birds. The keeping of any animals, fowl or birds which, by causing frequent or long-continued noise, shall disturb the comfort or repose of any person in the vicinity.
(5) 
Horns. The sounding of 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.
(6) 
Exhaust. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
(7) 
Defect in vehicle or load. The use of any automobile, motorcycle or vehicle so out of repair, so loaded or in such manner as to create loud and unnecessary grating, grinding, rattling or other noise. Operating or use of any motor vehicle, motorcycle, snowmobile, minibike and other like engines which shall make any loud noise on the streets, public places or on private property causing annoyance or inconvenience of any person or persons in such public place, street or on neighboring premises for any unnecessary or unreasonable period of time.
(8) 
Construction or repair. Operating or use of any pile drivers, steam shovels, pneumatic hammers, derricks, steam or electric hoists, or any tools or equipment which shall make any loud or disturbing noise, on any weekday between the hours of 7:00 a.m. and 6:00 p.m. or on any Saturday between the hours of 9:00 a.m. and 6:00 p.m., in conducting any excavation, demolition, erection, alteration, repair, or other building operations withing 1,000 feet of any dwelling or business property, except in the case of urgent necessity in the interest of public safety, and then only upon obtaining a permit from the Constriction Code Officer, which permit may be renewed for a period of three days or less while the emergency continues. No work is permitted on Sundays or legal holidays.
[Amended 1-24-2023 by Ord. No. 02-2023]
(9) 
Schools; courts; churches; hospitals. The creation of any excessive noise on any street adjacent to any school, institution of learning, church or court while the same is in use, or adjacent to any hospital which unreasonably interferes with the working of such institution or which disturbs or unduly annoys patients in the hospital, provided that conspicuous signs are displayed in such street indicating that the same is a school, hospital or court street.
(10) 
Whistles. The sounding of any or the blowing of any whistle attached to any building or locomotive except as a warning to prevent injury to life or property.
(11) 
Peddlers; hawkers and vendors. The shouting or crying out his wares of any peddler, hawker or vendor upon any street or public place.
(12) 
Loading and unloading operations. The creation of any loud or excessive noises in connection with the loading or unloading of any vehicle or the opening or destruction of bales, boxes, crates or containers, more especially between the hours of 10:00 p.m. and 7:00 a.m.
(13) 
Drums, etc. The using or playing of any drum, loudspeaker or other instrument or devise or the creating of any noise for the purpose of attracting attention to any performance, show or sale or display of merchandise.
(14) 
Cooling apparatus. The operation of any air conditioners, refrigerator unit, cooling tower, evaporative condenser, air-cooled condenser, mechanical fan, compressor unit or other such apparatus which causes frequent, irregular or continued noise which causes discomfort or annoyance to or which reasonably invades the privacy of the public.
B. 
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:
A. 
The use of bells, chimes or sound amplifiers by churches in church activities.
B. 
Activities of the Borough departments in the performance of their duties, drills or public demonstrations.
C. 
Activities in the public parks, playgrounds or public buildings under the permissions or authority of Borough officials.
D. 
Any public utility as defined in Title 48 of the Revised Statutes of New Jersey, or to any employee of such public utility when such public utility or its employees shall be engaged in performing work to prevent the threatened interruption of its services or to terminate the interruption of its service rendered to its customers.
Sound trucks may be operated in accordance with the following regulations upon the issuance of a permit by the Police Chief for each occasion and each location:
A. 
Sound trucks shall not be operated in the Borough before 9:00 a.m. and after 7:00 p.m.
B. 
Sound trucks shall keep to the extreme right-hand side of the road and shall proceed at a speed of not less than 10 miles per hour.
C. 
Stationary sound trucks are prohibited in the Borough.
[Amended 8-27-2002 by Ord. No. 20-2002; 3-28-2006 by Ord. No. 07-2006]
Any person who violates any of the provisions of this chapter, shall upon conviction, be punished by a fine not exceed $2,000 for each offense or by imprisonment for a term not to exceed 90 days or a requirement of community service not to exceed 90 days. A separate offense shall be deemed committed on the day on which a violation occurs and each day the violation continues to occur.