[Adopted 10-6-2015]
A.Â
Noise prohibited. It shall be unlawful for a person or entity 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. Specifically exempted hereunder is noise presumed not to be
a nuisance pursuant to the Right to Farm Act, N.J.S.A. 4:1C-1 et seq.
This section mirrors the municipal nuisance ordinance which was reviewed
and found to be enforceable by the New Jersey Superior Court, Appellate
Division, in State v. Clarksburg Inn, 375 N.J. Super. 624 (App. Div.
2005).
B.Â
Examples. Without intending to limit the generality of Subsection A of this section, the following acts are hereby declared to be examples of loud, disturbing and unnecessary noise in violation of this section:
(1)Â
Radios; televisions; phonographs: the playing, use or operation 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 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, phonograph, machine or device
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 section.
(2)Â
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, which annoys or disturbs 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.
(3)Â
Animals; birds: the keeping of animals or birds which, by causing frequent or long-continued noise, disturbs the comfort or repose of any person in the vicinity; but nothing herein contained is intended to apply to a dog pound or kennel licensed in accordance with Chapter 1, Article IV, of this Code.
(4)Â
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.
C.Â
Violations and penalties.
(1)Â
Violation of any provision of this section shall be cause for a Municipal
Court summons to be issued by the Police Department, Code Enforcement
Official, Health Officer, or any member of the general public who
is affected by excessive noise.
(2)Â
Violation of the provisions of this section shall be punishable as provided in Chapter 1, General Provisions, Article IV, General Penalty, except that with each violation there shall be a minimum fine of $250 payable through the Municipal Court Violations Bureau.[1]
[1]
Editor's Note: Former Subsection D, Effect on other provisions,
which immediately followed this subsection, was repealed 2-16-2016.
