In the State of New Jersey, Municipal governments are given powers from the State legislature.\u00a0 If we are not specifically given a power, we can’t legislate it.<\/p>\n
Of course, the State can also yank back powers and if the State lege chooses to act differently than a municipality, the local ordinance is superseded and can no longer be enforced.\u00a0 An example of this could be seen in Teaneck’s “hands free phone ordinance” or the “requirement for fences for certain above ground pools”.\u00a0 No matter how wonderful the local population may find the rule, once the State acts in a specific area, the local rules fall.<\/p>\n
The question recently came up about whether or not the local “noise” ordinance is enforceable here in Teaneck.<\/p>\n
I think this is a good opportunity to share with the public how I look at questions like this, so you can see how the process works out.<\/p>\n
First and foremost — what is the ordinance?<\/p>\n
Section 21-15 Unnecessary Noise Unlawful (link<\/a>):<\/p>\n \u00a0 \u00a0 (a)<\/a> Any such noise which disturbs the peace<\/strong><\/span>; the blowing of whistles or horns; the ringing of bells; the barking of dogs; the playing of musical instruments; noisy deliveries; noisy service of motor vehicles; operation of noisy motor vehicles; other noisy motor vehicles; the use of muffler cutouts; the operation of power tools, including power lawn equipment; the use of sound reproduction systems; loudspeakers and public address systems or similar devices; or the creation in any manner of other loud noises which are unreasonable and unnecessary in the circumstances (emphasis added).<\/span><\/p>\n\n
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