[HISTORY: Adopted by the Borough Council of the Borough of Paramus 5-14-1969 by Ord. No. 608 (Ch. 15, Art. 6, of the 1969 Code). Amendments noted where applicable.]
The Mayor and Council hereby finds and declares that:
The character of the Borough has changed from a sparsely settled agricultural community to a thickly settled residential community containing dwelling houses situated in close proximity to each other.
By reason thereof, the making of loud, unnecessary, prolonged or unusual noises within the limits of the Borough has become incompatible with and detrimental to the public comfort, convenience, health, safety and general welfare of the residents of the Borough.
The necessity in the public interest for the provisions and prohibitions hereinafter contained and enacted is declared as a matter of legislative determination and public policy in pursuance of and for the purpose of securing and permitting the public comfort, convenience, health, safety and general welfare and the peace and quiet of the Borough and its inhabitants.
[Amended 11-24-1992 by Ord. No. 92-23; 12-13-1994 by Ord. No. 94-26]
It shall be unlawful for any person to make, continue or cause to be made or continued any loud, unnecessary or unusual noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others within the limits of the Borough.
[Amended 11-24-1992 by Ord. No. 92-23; 4-18-2017 by Ord. No. 2017-08]
The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this chapter when occurring between the hours of 11:00 p.m. and 7:00 a.m., but enumeration shall not be deemed to be exclusive:
Horns, audible signaling devices and the like. The sounding of any horn or audible signaling device on any automobile, motorcycle or other vehicle on any street or public place of the township, except as a danger warning; the creation by means of any audible signaling device of any unreasonably loud or harsh sound and the sounding of any such device for an unnecessary period of time; the use of any audible signaling device except one operated by hand or electricity; the use of any horn, whistle or other audible device operated by engine exhaust; and the use of any such audible signaling device when traffic is held up for any reason.
Radios, televisions, phonographs and the like.
The using, operating or permitting to be played, used or operated 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 the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle or chamber in which such machine or device is operated and who are voluntary listeners thereto.
The aforesaid operation of any such set, instrument, phonograph, machine or device in such manner as to be plainly audible at a distance of 50 feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of the provisions of this subsection.
Loudspeakers, amplifiers for commercial or advertising purposes. The using, operating or permitting to be played, used or operated of any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound or emitting of loud and raucous noises, other than from a moving sound truck or vehicle, in connection with the conduct of any business or for commercial advertising or to attract the attention of the public, in such manner as to be plainly audible at a distance of 250 feet from such machine or device.
Birds, dogs or other animals. The keeping, harboring or maintaining of any bird, dog or other animal which by frequent, habitual or long-continued noise shall annoy or disturb the peace, comfort or repose of any person in the neighborhood or of any persons passing upon the streets or highways.
Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor vehicle blower or combustion fan except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
Pile drivers, hammers and the like. The operation of any pile driver, steam shovel, bulldozer or other earth-moving machinery, pneumatic hammer, derrick, steam or electric hoist or any other appliance, equipment or machinery, the use of which is attended by loud or unusual noise.
Any work of any kind performed by a contractor in a residential zone that is not between the hours of 7:00 a.m. and 7:00 p.m. regardless of the general 11:00 p.m. to 7:00 a.m. limitation otherwise set forth in this section. This means that a contractor is prohibited from performing work of any kind between the hours of 7:00 p.m. and 7:00 a.m. in residential zones. "Contractor" means any person or company that provides goods or services to another person or company under terms specified in a contract or within a verbal agreement. A homeowner may perform home improvement or yard work at their own property between the hours of 7:00 a.m. and the later of 7:00 p.m. or dusk without violating this section. "Homeowner" means a person living in or owning a home.
[Added 4-18-2017 by Ord. No. 2017-08]
[Added 11-24-1992 by Ord. No. 92-23; amended 3-14-2006 by Ord. No. 06-2]
Unless another penalty is expressly provided herein, any person who violates any provision of this chapter shall, upon conviction, be subject to the penalties provided by § 1-15 of this Code. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.