City of Pleasantville, NJ Chapter 171 Noise

[HISTORY: Adopted by the City Council of the City of Pleasantville 6-7-1982 by Ord. No. 11-1982 as Ch. 143 of the 1982 Code. Amendments noted where applicable.]

GENERAL REFERENCES

Hours of jukebox operation — See Ch. 87, Art. II.

Crying of wares by peddlers and hawkers — See Ch. 195, Art. I.

Noise at Pleasantville Shopping Center — See Ch. 197, Art. III.

Noise associated with storage of inoperable vehicles in residential areas — See Ch. 281, Art. II.

Zoning and land use — See Ch. 290.

§ 171-1 Legislative findings and determinations.

A. Council finds and determines that the making, creating or maintaining of loud, unnecessary, unnatural or unusual noises which are prolonged are detrimental to the public health, comfort, convenience, safety, welfare and well-being of the residents of the City of Pleasantville.

B. Council declares that the provisions of this chapter are, as a matter of legislative determination and public policy, in pursuance of and for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare and well-being of the residents of the City of Pleasantville and for the purpose of maintaining the peace and quiet within the city during the normal hours of rest.

§ 171-2 Unreasonable noise restricted.

Noise of such character, intensity and duration as to be detrimental to the life or health of any individual is prohibited. Subject to the provisions of this chapter, the creation of any unreasonably loud, disturbing and unnecessary noise in the city is prohibited.

§ 171-3 Unlawful acts enumerated.

The following acts, among others, are declared to be disturbing and unnecessary noises in violation of this chapter, but such enumeration shall not be deemed to be exclusive:

A. The sounding of any horn or signal device on any automobile, motorcycle, bus or other vehicle while not in motion, except as a danger signal if another vehicle is approaching apparently out of control, or, if in motion, only as a danger signal after or as brakes are being applied and deceleration of the vehicle is intended; the creation by means of any such signal device of any unreasonably loud or harsh sound; and the sounding of such device for an unnecessary or unreasonable period of time.[1]

[1] Editor's Note: See Ch. 278, Vehicles and Traffic.

B. The playing of any radio, television, phonograph or musical instrument in such a manner or with such volume, particularly during the hours between 10:00 p.m. and 7:00 a.m., as to annoy or disturb the quiet, comfort or repose of persons in any dwelling, hotel or other type of residence.[2]

[Amended 10-5-2009 by Ord. No. 30-2009]

[2] Editor's Note: See Ch. 87, Amusement Devices, Art. II.

C. The keeping of any animal or bird which, by causing frequent or long-continued barking or other noise, shall disturb the comfort and repose of any person in the vicinity.[3]

[3] Editor's Note: See Ch. 90, Animals, Art. I, for nuisance barking by dogs.

D. The use of any automobile, motorcycle or vehicle so out of repair, so loaded, or by racing, gunning and revving the motor thereof, or in such manner as to create loud or unnecessary grating, grinding, rattling or other noise.

E. The blowing of any steam whistle attached to any stationary boiler, except to give notice of the time to begin or stop work, or as a warning of a fire or danger, and except as a curfew blown by or in behalf of the city.

F. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine or motor vehicle or motor boat engine, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.

G. The use of any mechanical device operated by compressed air unless the noise created thereby is effectively muffled and reduced.

H. The creation of any excessive noise on any street adjacent to any school, church, institution of learning or judicial court while the same is in session, or adjacent to any hospital, which unreasonably interferes with the workings of such institution, provided that conspicuous signs are displayed indicating that the same is a school, hospital, church or court street.

I. The creation of a loud or excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and containers.

J. The sounding of any bell or gong attached to any building or premises, particularly during the hours between 10:00 p.m. and 7:00 a.m., which disturbs the quiet or repose of persons in the vicinity thereof.

[Amended 10-5-2009 by Ord. No. 30-2009]

K. The unnecessary or prolonged blowing or sounding of any, horn, whistle, bell or other device attached to any train or locomotive while passing through the city or while loading passengers or freight within the city.

L. The use of mechanical loudspeakers or amplifiers on trucks or other moving vehicles for advertising or other purposes, except where a specific license is received from the Police Department.

§ 171-4 Violations and penalties.

[Amended 2-17-1999 by Ord. No. 6-1999]

Any person who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine of not less than $100 nor more than $1,000, imprisonment for a term not exceeding 90 days and/or a period of community service not exceeding 90 days. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.