[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 between the hours of 11:00
p.m. and 7:00 a.m. shall be prima facie evidence of a violation of
this article.
[Amended 4-9-2020 by Ord.
No. 04-20]
B.
Yelling, shouting, whistling or singing that is clearly or plainly
audible on the public streets 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 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.
[Amended 4-9-2020 by Ord.
No. 04-20]
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 exterior use or operation of motorized
or mechanical construction equipment, machinery, tools or vehicles
in connection with the performance of excavation, demolition, construction,
repair or alteration work including the loading, unloading, delivery
or pickup of construction equipment, materials, boxes, crates, containers
and the delivery and/or pickup of any such equipment or materials,
if such work generates noise that disturbs the peace, quiet, and comfort
of neighboring inhabitants and is clearly or plainly audible at a
distance of 100 feet from the building, structure or vehicle in which
it is located, other than between the hours of 7:00 a.m. and 8:00
p.m. Monday through Friday, and 8:00 a.m. and 8:00 p.m. Saturday and
Sunday 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 the hours of 8:00 p.m. to 7:00 a.m.
Monday through Friday, 8:00 p.m. through 8:00 a.m. Saturday and Sunday.
[Amended 4-9-2020 by Ord.
No. 04-20]
G.
Landscaping-related equipment. No person shall operate or cause to
be operated upon any property in a residential zone any motorized
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 in a manner
as to disturb the peace, quiet and comfort of neighboring inhabitants
and that is clearly or plainly audible at a distance of 100 feet between
the hours of 8:00 p.m. to 7:00 a.m. Monday through Friday, and 8:00
p.m. through 8:00 a.m. Saturday and Sunday.
[Amended 4-9-2020 by Ord.
No. 04-20]
[Amended 4-9-2020 by Ord.
No. 04-20]
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.
[Amended 4-9-2020 by Ord.
No. 04-20]
Complaints for violations of any of the
provisions of the article are hereby authorized to be made by any
individual person or resident, any member of the Rockaway Borough
Police Department, the Code Enforcement Officer, Health Officer, or
any other official or employee of the Borough.
[Amended 4-9-2020 by Ord.
No. 04-20]
Any person who shall be found to be in
violation of any provision of this article shall, upon conviction,
be subject to a fine of not less than $100 nor more than $2,000. Each
day any violation of any provision of this article shall continue
shall constitute a separate offense.
