Borough of Rockaway, NJ
Morris County
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Table of Contents
Table of Contents
[Added 5-25-2017 by Ord. No. 05-17]
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 article is modeled on the municipal nuisance ordinance that 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).
Without intending to limit the scope of § 183-25, the following is a list of acts that are hereby declared to be examples of loud, disturbing and unnecessary noise in violation of this article:
A. 
Radios, televisions, phonographs, sound amplification devices. 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 or amplification 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 or plainly 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 article.
B. 
Yelling, shouting. Yelling, shouting, hooting, whistling or singing on the public streets, 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.
C. 
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.
D. 
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.
E. 
Exhausts. The discharge into the open air of the exhaust of any engine or motor vehicle or stationary internal combustion engine, except through a muffler or other device that effectively prevents loud or explosive noises.
F. 
Construction or repair. The carrying on of excavation, demolition, construction, repair or alteration work other than between the hours of 8:00 a.m. and 8:00 p.m. is prohibited. In the case of urgent necessity or in the interest of public health or safety, the Code Enforcement Officer may grant a permit for excavation, demolition, 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 8:00 p.m. and 8:00 a.m.
G. 
Landscaping-related equipment. No person shall operate or cause to be operated upon any property in a residential zone any landscaping equipment, machinery, generators for nonemergency use, or power tools, including but not limited to power drills, sanders, grinders, leaf blowers, lawn mowers, or edgers, outdoors between the hours of 8:00 p.m. to 8:00 a.m.
Nothing herein shall be construed to apply to the following:
A. 
Activities of municipal departments in the performance of their duties, drills or public demonstrations.
B. 
Activities in public parks, playgrounds or public buildings under permission or authority of municipal officials, and activities at Fireman's Field under permission or authority of the Rockaway Fire Department.
C. 
The playing by a band or orchestra in a hall or building or in the open air when duly authorized by the governing body or the Board of Education of the Borough.
D. 
Activities sponsored by or authorized by any public board of education or governing body of any private school duly licensed by an agency of the State of New Jersey.
E. 
Any agricultural-related activities taking place on any property qualifying for protections secured under the New Jersey Right To Farm Act (N.J.S.A. 4:1C-1 et seq.).
F. 
Implements or machinery used in removal of snow or ice, such as snowblowers and snowplows.
G. 
Emergency and standby generators.
The provisions of this article shall be enforced by a member of the Police Department.
The violation of any provision of this article shall be punished by a fine of not less than $100 nor more than $2,000, or 90 days in jail or 90 days' community service, all in the discretion of the Court. Each day any violation of any provision of this article shall continue shall constitute a separate offense.