[HISTORY: Adopted by the Mayor and Council of the Township of Florence
as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-3-2002 by Ord.
No. 2002-20]
It shall be unlawful for the driver of any vehicle to use or operate
or cause to be used or operated within the limits of the Township of Florence,
Burlington County, New Jersey, any engine brake, compression brake or mechanical
exhaust device designed to aid in the braking or deceleration of any vehicle
that results in excessive, loud, unusual, or explosive or unmuffled noise
from the vehicle.
This prohibition shall not apply to the application of unmuffled engine
or compression brakes or a mechanical exhaust device where necessary for the
protection of persons and/or property which cannot be avoided by an alternative
braking system. Noise caused by the application of engine compression brakes,
otherwise known as engine braking, which is effectively muffled or where the
application is necessary for the health, safety and welfare of the community
is exempt from the provisions of this section. Sounds created by emergency
equipment for emergency purposes are also exempt from this section.
Appropriate signs shall be posted at entrances to the community and
at other locations determined by the Chief of Police to be reasonable in order
to give notice of the prohibition on the use of engine and compression brakes.
The fine for a violation of this section shall be $50 on a first offense
and shall not be less than $50 nor more than $500 on any second or subsequent
offense.
[Adopted 12-21-2005 by Ord. No. 2005-28[1]]
[1]
Editor's Note: This ordinance superseded former Art. II, Construction
Noise, Yelling and Shouting, adopted 9-7-2005 by Ord. No. 2005-20.
No outdoor construction activity shall be permitted which involves the
operation of vehicles, equipment, machinery, generators, compactors, welders
or other power tools or specialized construction or building equipment between
the hours of 8:00 p.m. and 7:00 a.m. during the weekdays, Monday through Friday,
inclusive, or between the hours of 8:00 p.m. and 8:00 a.m. on Saturdays and
Sundays.
No indoor construction activity shall be permitted which involves the
operation of equipment, machinery, generators, compactors, welders or other
power tools or specialized construction or building equipment which generates
noise that is audible beyond the property lines of the lot on which the building
is located in a manner that would reasonably annoy or disturb the quiet, comfort
or repose of persons in any dwelling or other type of residence or of any
persons in the vicinity between the hours of 8:00 p.m. and 7:00 a.m. during
the weekdays, Monday through Friday, inclusive, or between the hours of 8:00
p.m. and 8:00 a.m. on Saturdays and Sundays.
The provisions of § 102-5 shall not apply to a federal, state or local government employee or a public utility employee performing emergency repairs or to other repairs of an emergency nature being conducted in accordance with a specific waiver issued by the Construction Official of the Township of Florence.
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 so as to annoy or disturb the quiet, comfort or repose of persons
in any office or in any dwelling or other type of residence or of any persons
in the vicinity.
The using, operating, or permitting to be played, used or operated,
any radio receiving set, musical instrument, phonograph, loudspeaker, sound
amplifier, or other machine or device for the producing or reproducing of
sound which is cast upon the public streets for the purpose of commercial
advertising or for any other purpose, with the following exceptions: such
sound as may attract attention but which will not disturb the peace, quiet,
and comfort of the inhabitants.
The using, operating, or permitting to be played, used or operated 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.
It shall be unlawful for any person to violate any provision of this chapter. Penalties shall be imposed as provided in § 1-10 of this Florence Township Code.
