Borough of Mount Arlington, NJ Chapter 118 Noise

[HISTORY: Adopted by the Mayor and Council of the Borough of Mount Arlington as Section 3-2 of the 1982 Compilation. Amendments noted where applicable.]

§ 118-1 Excessive noise prohibited.

No person shall 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.

§ 118-2 Enumeration of prohibited noise.

A. Without intending to limit the generality of § 118-1, the following acts are hereby declared to be examples of loud, disturbing and unnecessary noise in violation of this chapter:

(1) 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 between the hours of 11:00 p.m. and 8:00 a.m. 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 subsection.

(2) 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) Animals; birds. The keeping of animals or birds which, by causing frequent or long-continued noise, disturb 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 48, Animals, of the Code of the Borough of Mount Arlington.

(4) 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.

(5) Exhaust. The discharge into the open air of the exhaust of a steam engine, stationary internal combustion engine or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises.

(6) Defect in vehicle or load. The use of an automobile, motorcycle or vehicle so out of repair or so loaded that it creates loud and unnecessary grating, grinding, rattling or other noise.

(7) Construction or repair. The carrying on of excavation, demolition, construction, repair or alteration work other than between the hours of 7:00 a.m. and 8:00 p.m. on weekdays or between the hours of 9:00 a.m. and 8:00 p.m. on weekends or federal holidays; the carrying on of construction, repair or alteration work by a homeowner on his own dwelling or property, other than between the hours of 7:00 a.m. and 9:00 p.m. on weekdays or between the hours of 9:00 a.m. and 9:00 p.m. on weekends or federal holidays. In case of urgent necessity or in the interest of public health or safety, the Director of Public Works may grant a permit for excavation, demolition, construction, 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 7:00 a.m. and 9:00 a.m.

[Amended 2-11-2002 by Ord. No. 02-02]

(8) Schools; courts; churches; hospitals. The creation of excessive noise on a street adjacent to a school, institution of learning, church or court while in use or adjacent to a hospital, which unreasonably interferes with the working of the institution or which disturbs or unduly annoys patients in the hospital, provided that conspicuous signs are displayed in such a street indicating that it is a school, hospital or court street.

(9) Public use of sound-creating devices. The operation of any form of a sound-creating device, vocal or instrumental, human or mechanical, or otherwise, on the sidewalks, streets and highways or other public places of the borough for or without profit, for the purpose of attracting the attention of the public to and the advertisement of any business, sport, exhibition, entertainment, spectacle, undertaking, happening, occasion and any other event, or the operation in any building or on any premises or on any public street of the borough any radio device or mechanical musical instrument or device or any kind whereby the sound is cast directly or indirectly upon any public street or place and where such device is maintained and operated for advertising purpose or for the purpose of attracting the attention of the passing public or which is so placed and operated that the sounds coming therefrom can be heard to the annoyance or inconvenience of persons upon any street or public place or in neighboring premises, provided that the inhibition herein contained shall not be applicable to any parade. This subsection shall not apply to persons using said sound-creating devices during daylight hours 10 days before any election.

[Amended 11-23-1982 by Ord. No. 82-12; 3-15-1995 by Ord. No. 95-11]

(10) The operation of power tools, landscaping and yard maintenance equipment on a residential property or within 250 feet of a residential property line, other than between the hours of 7:00 a.m. and 9:00 p.m. on weekdays or between the hours of 9:00 a.m. and 9:00 p.m. on weekends or federal holidays, unless an emergency permit has been issued by the Director of Public Works.

[Added 2-11-2002 by Ord. No. 02-02]

B. The above enumeration is intended to give typical illustrations of prohibited noise and shall not be construed as exclusive.

§ 118-3 Exceptions.

Nothing herein contained shall be construed to apply to:

A. The use of bells, chimes or sound amplifiers by churches engaged in church activities.

B. Activities of municipal departments in the performance of their duties, drills or public demonstrations.

C. Activities in public parks, playgrounds or public buildings under permission or authority of municipal officials.

D. The playing by a band or orchestra in a hall or building or in the open air, where duly authorized.

§ 118-4 Violations and penalties.

[Amended 3-16-1983 by Ord. No. 83-1; 3-15-1995 by Ord. No. 95-11; 7-8-02 by Ord. No. 02-23]

Maximum penalty. Any person violating any part of this chapter shall, upon conviction thereof, be liable to the penalty provided by Chapter 1, Article III.