[HISTORY: Adopted by the Board of Commissioners (now Municipal
Council) of the Borough of Hawthorne 5-4-1983 by Ord. No. 1382 (Ch.
139 of the 1989 Code). Amendments noted where applicable.]
It shall be unlawful for any person to make, continue or cause
to be made or continued any loud, offensive, 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.
A.
The following acts are hereby declared to be examples of loud, offensive,
disturbing and unnecessary noise in violation of this chapter:
(1)
Radios; televisions; phonographs: 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 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, loudspeaker, sound amplifier or other medium
or device for the producing or reproducing or 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.
(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, hotel,
motel or other type of residence or of any persons in the vicinity.
(4)
Animals: the keeping of any animals 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 otherwise.
(8)
The operation or use of any pile driver, steam shovels, pneumatic
hammers, derricks, steam or electric hoists or similar tools or equipment
which shall make a loud or disturbing noise on any Sunday, legal holiday
or on weekdays between the hours of 6:00 p.m. and 7:00 a.m., and between
the hours of 6:00 p.m. and 8:00 a.m. on Saturdays, in conducting any
excavation, demolition, erection, alteration, repair or other building
operations within 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 Code Official, which
permit may be renewed for a period of three days or less while the
emergency continues.
[Amended 6-18-2008 by Ord. No. 1943-08]
(9)
Schools, courts or churches: 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, which unreasonably interferes with
the working of such institution, provided that conspicuous signs are
displayed in such street indicating that the same is a school street.
(10)
Whistles: the sounding of any or the blowing of any whistle
attached to any building except as a warning to prevent injury to
life or property.
[Amended 6-18-2008 by Ord. No. 1943-08]
(11)
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.
(12)
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
of merchandise.
(13)
Cooling apparatus and generators: the operation of any air conditioner,
refrigerator unit, cooling tower, evaporative condenser, air-cooled
condenser, mechanical fan, compressor unit, and generators or other
such apparatus which causes frequent, irregular or continued noise
which causes discomfort or annoyance to or which unreasonably invades
the privacy of the public.
[Amended 6-18-2008 by Ord. No. 1943-08]
(14)
Yard work. The use of lawnmowers, leaf blowers, hedge trimmers,
edgers, chain saws and similar power equipment used for lawn maintenance,
the maintenance of trees, shrubs and plantings or leaf removal between
the hours of 8:00 p.m. or dusk, whichever sooner occurring, and 7:00
a.m. on weekdays and Saturdays and between the hours of 8:00 p.m.
or dusk, whichever sooner occurring and 8:00 a.m. on Sundays, except
in the case of urgent public necessity.
[Amended 6-18-2008 by Ord. No. 1943-08]
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 permission 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 customer.
[Amended 12-20-1989 by Ord. No. 1510; 6-18-2008 by Ord. No. 1943-08]
Any person found guilty of a violation of this chapter shall,
upon conviction thereof, be subject to a fine not to exceed $2,000
or imprisonment for a term not to exceed 90 days or a requirement
to perform community service for a period not to exceed 90 days.
Nothing herein contained shall be deemed a repeal of the provisions of Chapter 540, Zoning, of the Code of the Borough of Hawthorne which establish performance standards for industrial noise, nor shall this chapter be deemed to conflict with or supersede any regulations or standards for the control or prohibition of noise adopted or promulgated by the New Jersey Department of Environmental Protection under the Noise Control Act (N.J.S.A. 13:1G-1 et seq.).
