[HISTORY: Adopted by the Mayor and Borough Council of the Borough
of Gibbsboro as Section 6-2 of the Revised General Ordinances (Ch. 121 of
the 1982 Code). Amendments noted where applicable.]
It shall be unlawful for a person to 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.
A.
Without intending to limit the generality of § 265-1, the following acts are hereby declared to be examples of loud, disturbing and unnecessary noise in violation of this chapter:
(1)
Radios, televisions and phonographs. The playing, use
or operation or the permitting of 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 chapter.
(2)
Yelling and 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 and birds. The keeping of animals or birds which, by causing frequent or long-continued noise, disturbs 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 96, Animals, Article I, Dogs.
(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.; 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. 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 8:00 p.m. and 7:00 a.m.
(8)
Schools, courts, churches and 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.
B.
The above enumeration is intended to give typical illustrations
of prohibited noise and shall not be construed as exclusive.
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 the 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 of a band or orchestra in a hall or building
or in the open air, where duly authorized.
Sound trucks may be operated in accordance with the following regulations
upon the issuance of a permit by the Council for each occasion and each location:
A.
Sound trucks shall not be operated in residential zones
before 9:00 a.m. and after 7:00 p.m.
B.
Sound trucks shall not be operated in commercial zones
in the Borough before 9:00 a.m. and after 9:00 p.m.
C.
Moving sound trucks shall keep to the extreme right-hand
side of the road and shall proceed at a speed of not less than 10 miles per
hour.
D.
Stationary sound trucks are prohibited in all residential
zones in the Borough, but may be operated in commercial zones during the hours
referred to above.
E.
For the purposes of this section, "residential zones"
shall mean the zones so described on the Zoning Map of the Borough, and "commercial
zones" shall mean and include all parts of the Borough other than the residential
zones.
