[HISTORY: Adopted by the Township Committee
of the Township of South Harrison 7-9-2008 by Ord. No. 0-08-08.
Amendments noted where applicable.]
The purpose of this chapter is to establish
that no person shall 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 within the limits of the Township.
A.
The following acts are hereby declared to be examples
of loud, disturbing and unnecessary noise in violation of this section:
(1)
Horns and signaling devices. The sounding of a horn
or signaling device on an automobile, motorcycle, bus or other vehicle,
on any street or public place except when required by law, or when
necessary to give timely warning of the approach of the vehicle, or
as warning of impending danger to persons driving other vehicles or
to persons on the street. No person shall sound a horn or signaling
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. No person shall use any signaling device except one
operated by hand or electricity. The use of any horn, whistle or other
device operated by engine exhausts is prohibited. The use of any signaling
device when traffic for any reason is held up is prohibited.
(2)
Radios, televisions and phonographs. The playing,
use or operation of a radio receiving set, television, musical instrument,
phonograph or other machine or device for the producing or reproducing
of sound in such a manner as to disturb the peace, quiet and comfort
of neighboring inhabitants or with louder volume than 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
thereto. The operation of any such set, instrument, phonograph, machine
or device between the hours of 11:00 p.m. and 7:00 a.m. so that it
is clearly audible at a distance of 25 feet from the building structure
or vehicle in which it is located shall be prima facie evidence of
a violation of this section.
(3)
Loudspeaker; amplifiers for advertising. 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, provided such sound is
produced and caused to be produced only between the hours of 9:00
a.m. and 5:00 p.m. Such sound shall not be audible in any location
for a period of longer than five minutes in any hour, except by special
permit from the Township Committee.
(4)
Yelling; shouting. Yelling, shouting, hooting, whistling
or singing on the public streets 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 of any persons in the vicinity.
(5)
Animals; birds. The keeping of animals or birds which,
by causing frequent or long-continued noise, disturbs the comfort
or repose of any persons in the vicinity.
(6)
Whistles. The blowing of any whistle, except to give
notice of the time to begin or stop work or as a warning of fire or
danger, or upon request of proper Township authorities, or as may
be required by general law or ordinance.
(7)
Exhaust. The discharge into the open air of the exhaust
of a steam engine, internal combination engine or motor vehicle, except
through a muffler or other device which will effectively prevent loud
or explosive noises.
(8)
Defect in vehicle or load. The use of an automobile,
motorcycle or vehicle so out of repair, so loaded or in such manner
that it creates loud and unnecessary grating, grinding, rattling or
other noises.
(9)
Loading; unloading; opening boxes. The creation of
a loud and excessive noise in connection with loading or unloading
any vehicle or the opening and destruction of bales, boxes, crates
and containers.
(10)
Construction or repair. The carrying out of
excavation, demolition, construction, repair or alteration work, other
than between the hours of 7:00 a.m. and 6:00 p.m. weekdays and Saturdays;
the carrying on of construction, repair or alteration work by a homeowner
on his/her own dwelling or property other than between the hours of
7:00 a.m. and 9:00 p.m. In the case of urgent necessity or in the
interest of public health or safety, the Township Engineer may grant
a permit for excavation, demolition, construction, repair, alteration
work for a period not to exceed three days, which may be renewed for
additional periods of three days, while the emergency continues by
the terms of which permit such work may be carried on during the hours
specified in the permit.
(11)
Courts; schools; churches. The creation of excessive
noise on a street adjacent to a school, institution of learning, church
or court while in use which unreasonably interferes with the working
of the institution or which disturbs or unduly annoys the students,
teachers and administrators or congregation.
(12)
Drums. The use of any drum or other instrument
or device for the purpose of attracting attention by creation of noise
to any performance, show or sale.
(13)
Hawkers; peddlers. The shouting and crying of
peddlers, hawkers and vendors which disturbs the peace and quiet of
the neighborhood.
(14)
Pile drivers; hammers. The operation, other
than between the hours of 7:00 a.m. and 6:00 p.m. on weekdays, of
any pile driver, steam shovel, bulldozer or other earth moving machinery,
pneumatic hammer, derrick, stream or electric hoist or any other appliance,
the use of which is attended by loud or unusual noise.
(15)
Blowers. The operation of any blower or power
fan or any internal combustion engine, the operation of which causes
noise due to the explosion of operating gases or fluids, unless the
noise from such blower of fan is muffled and such engine is equipped
with a muffler device sufficient to deaden such noise.
(16)
Outside alarms. The use of any alarm system
emitting an audible or visible response shall, at the time such system
is installed, cause to be installed an automatic timing device which
shall deactivate such alarm so that it will be activated for no more
than 15 minutes. All outside alarms shall be registered with the Police
Department with an emergency phone number, as well as an alternate
phone number where someone with responsibility in relation to the
alarmed premises may be contacted at any time by the Police Department.
(17)
Public sales; taxicabs. Public outcries shall
be prohibited at or for any public sale or auction, or to advertise
any goods, wares or merchandise for sale, or to attract any attention,
or to gain passengers for any cab, taxicab, hack or omnibus.
B.
The above enumeration is intended to give typical
illustrations of prohibited noise and shall not be construed as exclusive.
Nothing in this chapter shall prevent acceptable
agricultural management practices as set forth in the Township's Right
to Farm Ordinance.[1]
All ordinances or parts of ordinances inconsistent
herewith are repealed to the extent of such inconsistency.
If any word, phrase, clause, section or provision
of this chapter shall be found by any court of competent jurisdiction
to be unenforceable, illegal or unconstitutional, such word, phrase,
clause, section or provision shall be severable from the balance of
the chapter and the remainder of the chapter shall remain in full
force and effect.
