[HISTORY: Adopted by the Mayor and Council of the Borough
of Buena as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Dogs and other animals — See Ch. 99.
[Adopted 6-5-2000 by Ord. No. 469]
[Amended 1-19-2021 by Ord. No. 693]
The Council of the Borough of Buena, in consultation with the Franklin
Township Police Department, hereby finds that excessive noise or sounds
is a serious hazard to the public health, welfare, safety and quality
of life and that a number of citizens in the Borough of Buena have
complained about various types of sounds and noises which are disturbing,
recurring, and which intrude upon the peaceful use of property in
the Borough of Buena. The Council further finds that citizens of the
Borough of Buena have a right to and should be insured an environment
free from excessive sound or noise. In an effort to meet the needs
of its citizens, the Council of the Borough of Buena hereby determines
that it is the policy of the Borough of Buena to prevent excessive
sound, noise or other nuisances which may jeopardize the health, welfare
or safety of the citizens of the Borough, or degrade the quality of
life.
For purposes of this chapter, the following words and terms
shall have the following meanings:
Any dismantling, intentional destruction or removal of buildings
or structures.
Any vehicle that is propelled or drawn on land or water by
an engine or motor.
A sound dissipative device or system for abating the sound
of escaping gases of an internal combustion engine.
Any building wherein there are two or more dwelling units.
Any sounds of such level and duration as to be or tend to
be injurious to human health or welfare or which would unreasonably
interfere with the enjoyment of life or property throughout the state
or any portions thereof, but excludes all aspects of the employer-employee
relationship concerning health and safety hazards within the confines
of a place of employment.
Any sound that endangers the safety or health of any person
or disturbs a reasonable person of normal sensitivities or endangers
personal or real property.
Any individual, corporation, company, association, society,
firm, partnership, state, or any political subdivision, agency or
instrumentality of the state.
Any sound that can be detected by a person using his or her
unaided hearing facilities. As an example, if the sound source under
investigation is a portable or personal vehicular sound amplification
system or reproduction device, the detection of the rhythmic bass
component of the music is sufficient to verify plainly audible sound.
The enforcing officer need not determine title, specific words or
the artist creating or performing the music, song or noise disturbance.
Any street, avenue, boulevard, road, sidewalk, alley or easement
that is owned, leased or controlled by a nongovernmental entity.
Any street, avenue, boulevard, road, highway, sidewalk, alley
or easement that is owned, leased or controlled by a governmental
entity.
Any real property or structures thereon that are owned, leased,
or controlled by a governmental entity.
Either the imaginary line including its vertical extension
that separates one parcel or real property from another; or the vertical
and horizontal boundaries of a dwelling unit that is part of a multidwelling
unit building; or on a multiuse property, the interface between the
two portions of the property on which different categories of activity
are being performed (e.g., if the multiuse property is a building
which is residential upstairs and commercial downstairs, then the
real property line would be the interface between the residential
area and the commercial area).
A group of residential properties and the abutting public
rights-of-way and public spaces.
Property used for human habitation, including but not limited
to:
The following matters, conditions or acts and each of them are
hereby declared to be loud, disturbing and unnecessary noises and
each of them are hereby declared to be a nuisance, injurious to the
health of the inhabitants of this municipality, and therefore prohibited
by this chapter:
A.
The sounding of an exterior burglar alarm of a building or motor
vehicle in such a manner that the burglar alarm does not terminate
its operation within five minutes of continuous airborne sound, or
within 15 minutes of impulsive sound after it has been activated;
B.
Personal or commercial vehicular music amplification or reproduction
equipment which is operated in such a manner that it is plainly audible
at a residential property line between the hours of 10:00 p.m. and
8:00 a.m.;
C.
Personal vehicular music amplification equipment which is operated
in such a manner as to be plainly audible at a distance of 50 feet
in any direction from the operator between the hours of 8:00 a.m.
and 10:00 p.m. or which is plainly audible by any person other than
the operator between the hours of 10:00 p.m. and 8:00 a.m.;
D.
Self-contained, portable, handheld music or sound amplification or
reproduction equipment which is operated on a public space or public
right-of-way in such a manner as to be plainly audible at a distance
of 50 feet in any direction from the operator between the hours of
8:00 a.m. and 10:00 p.m. or sound from such equipment which is plainly
audible by any person other than the operator between the hours of
10:00 p.m. and 8:00 a.m.;
E.
The operation of a motor vehicle or motorcycle, including a truck
or the cooling system on a trailer, on any private property, private
right-of-way, public right-of-way, or open space without a muffler,
or with a defective muffler;
F.
Yelling, shouting, hooting, whistling or singing or the making of
loud and disturbing noises by the use of clappers, bells, horns, musical
instruments or similar devices on a public right-of-way, or in a vehicle
upon a public right-of-way, or in and about a motel, hotel or other
place of public accommodation, so as to annoy or disturb the quiet,
comfort or repose of persons in adjacent or adjoining dwelling units
or places of public accommodation, or of any person lawfully present;
G.
The keeping of any animal or bird which by causing frequent or long-continued
noise shall disturb the comfort or repose of any persons in the vicinity
of such animal or bird, or on adjacent or adjoining private property.
It shall be a violation of this section if the disturbance of the
peace and quiet of the neighborhood is caused by excessive, loud and
continuous barking and howling or through the excessive, loud and
continuous making of similar sounds or noises;
H.
The disturbance of any lawful assembly of persons or any individual
who is located on neighboring private property, by any loud or unnecessary
noise or by shouting or by using profane, indecent or obscene language
or by quarreling, assaulting or fighting or otherwise disturbing the
peace and quiet of the municipality. Noises which shall be considered
a disturbance of lawful assembly or of individuals shall include but
not be limited to yelling, shouting, hooting, whistling or singing
or the making of loud and disturbing noises by the use of clappers,
bells, horns, musical instruments or similar devices on the public
streets or in a vehicle upon the public streets, on adjacent private
property or in or about a motel, hotel or other place of public accommodation
in such a way as to annoy or disturb the quiet, comfort or repose
of persons in neighboring dwellings or places of public accommodation,
or lawfully using neighboring, adjacent or adjoining private property;
I.
Operating any motor vehicle whose manufacturers' gross weight is
in excess of 10,000 lbs., or any auxiliary equipment attached to such
vehicle, for a period longer than 20 minutes in any hour while the
vehicle is stationary, for reasons other than traffic congestion or
emergency work, on a public right-of-way or public space within 150
feet of a residential area between the hours of 8:00 p.m. and 8:00
a.m.; and
J.
The excessive or prolonged sounding of any horn or signaling device
on any automobile, motorcycle, bus, truck or other vehicle on any
street, road or public place, except as a warning pursuant to the
provisions of N.J.S.A. 39:3-69, as well as the use of whistle or other
device operated by engine exhaust and the prolonged or excessive use
of any such signaling device when traffic is stopped for any reason.
The following activities, special events, or conduct shall be exempt from the provisions of this chapter and therefore not subject to the prohibitions of § 163-3:
A.
Parades authorized by the Borough of Buena or conducted pursuant
to a parade permit issued by the Borough;
B.
Sporting events conducted on the Borough's ballfields and playgrounds,
or on school premises within the Borough of Buena, including spectators
to such events;
C.
Police and emergency vehicles which find it necessary to use sirens,
flashing lights or other devices as notification to the general public
that such vehicle is being used in a police or emergency situation;
and
D.
Any other special events conducted by the Borough, any of its agencies,
or any private organization such as a church or club pursuant to a
permit issued by a federal, state, county or municipal agency, including
but not limited to fireworks, barbeques or any other legitimate fund-raising
event or celebration conducted by the Borough or such organization.
All places, premises and motor vehicles in this municipality
shall be subject to inspection by the Police Department or other person
designated to enforce this chapter if the enforcing officer has reason
to believe that any section of this chapter is being violated.
A.
It shall be unlawful for any person to hinder, obstruct, delay, resist
or prevent a police officer or other person designated to enforce
this chapter from having full access to any place or premise upon
which a violation of this chapter is believed to exist.
B.
Where a nuisance as declared by this chapter is found to exist within
the Borough of Buena on any plot of land, residential property, lot,
public or private right-of-way, or any other private premises or place,
in any place of public accommodation, or in any motor vehicle, the
enforcing officer may issue an order requiring abatement of any source
of sound alleged to be in violation of this chapter within a reasonable
time period after the issuance of such abatement order. Where the
person responsible for the source of sound alleged to be in violation
of this article refuses to abate such sound, the enforcing officer
shall issue a complaint charging the responsible person with a violation
of this chapter.
C.
An abatement order shall not be issued if any person willfully or
knowingly violates any provision of this chapter, or if the enforcing
officer has reason to believe that there will not be compliance with
the abatement order.
D.
To the extent applicable, the provisions of N.J.S.A. 26:3-59 shall
apply to inspections performed under this chapter.
[Amended 1-22-2018 by Ord. No. 661]
The provisions of this chapter shall be enforced by members
of the Franklin Township Police Department, by officers of the New
Jersey State Police, by a noise officer, if one should be appointed,
or by such other Borough official who may be designated to enforce
this chapter by the Mayor of the Borough of Buena.
[Amended 12-17-2012 by Ord. No. 599; at time of adoption of
Code]
Any person who shall violate any provision of this article shall, upon conviction thereof, be liable to such penalties as set forth in Chapter 1, General Provisions, Article III, of this Code. Every day that a violation continues after due notice has been served in accordance with the terms and provisions hereof, shall be deemed a separate offense.
[Adopted 8-22-2005 by Ord. No. 523]
No person shall, within the limits of the Borough of Buena,
cause, suffer, allow or permit the use, playing or operation of any
musical instrument, electrical or mechanical device or electronic
sound system such as a radio, television, tape player, amplifier or
similar device or engage Jake brakes® which generate sound that
is audible by the human ear at a distance of at least 100 feet as
measured in a straight line form the source of the sound in at least
one direction. If the sound originates from within a structure, then
it shall be a violation of this section if the sound is audible by
the human ear within an adjacent structure or while on adjacent property.
Notwithstanding the foregoing prohibitions, nothing in this
article shall be interpreted to prohibit public celebrations or entertainment
organized as part of a general celebration or holiday such as the
Fourth of July. This article shall also not be interpreted so as to
prohibit normal emergency warning devices such as police, ambulance
and fire sirens or other warning devices utilized in the interest
of maintaining public safety.
[Amended at time of adoption of Code]
Persons convicted under this section shall be liable to such penalties as set forth in Chapter 1, General Provisions, Article III, of this Code. Every day that a violation continues after due notice has been served in accordance with the terms and provisions hereof, shall be deemed a separate offense.
