Township of Burlington, NJ
Burlington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Burlington 8-22-1961; amended 9-12-1961; 12-12-1961; 5-14-1991; 10-8-1991 (Sec. 14:5 of the 1975 General Ordinances). Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Alarms — See Ch. 108.
Animals — See Ch. 122.
Construction and demolition activities — See Ch. 192.
Land development — See Ch. 330.
Peace and good order — See Ch. 400.
Peddling and soliciting — See Ch. 407.

§ 360-1 Excessive noise prohibited.

It shall be unlawful for any person to make, continue, suffer, permit, allow or cause to be made or continued upon any premises or in any vehicle owned, occupied or controlled by him or upon any public street, thoroughfare or parking lot or in any public park, playground, gathering place or means of public transportation any excessiveness, unnecessary or unusually loud noise which either annoys, injures, disturbs or endangers the comfort, health, repose, peace or safety of others within the Township of Burlington or which are so harsh, prolonged or unusual in their use, time and place as to annoy, disturb or endanger the comfort, health, repose, peace or safety of others in the Township of Burlington.

§ 360-2 Prohibited noises enumerated.

The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this chapter, but said enumeration shall not be deemed to be exclusive, namely:
A. 
Horns, signaling devices, etc. The sounding of any horn or signaling device on any automobile, motorcycle, street car or other vehicle on any street or public place of the Township, except as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound; the sounding of any such device for an unnecessary and unreasonable period of time; the use of any signaling device except one operated by hand or electricity; the use of any horn, whistle or other device operated by engine exhaust; and the use of any such signaling device when traffic is for any reason held up.
B. 
Radios, television, phonographs, etc. 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. The operation of any such set, instrument, phonograph, machine or device between the hours of 10:00 p.m. and 7:00 a.m. in such manner as to be plainly 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.
[Amended 9-27-2005 by Ord. No. 05-OR-025]
C. 
Loudspeakers, amplifiers for advertising. The using, operating or permitting to be played, used or operated of 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.
D. 
Yelling, shouting, etc. 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, hotel, motel or other type of residence or of any persons in the vicinity.
E. 
Animal, birds, etc.
(1) 
Allowing, permitting or failing to control any pet animal or pet bird that frequently or for continued duration makes sounds that create a noise or disturbance which can be heard across a residential real property line. For the purpose of this section, any noise disturbance from a barking or baying dog or dogs shall be defined as that created by a dog or dogs barking or baying continually for 10 minutes or intermittently for 30 minutes, unless provoked by a condition originating outside of the residence or property wherein said dog or dogs are maintained.
[Amended 9-27-2005 by Ord. No. 05-OR-025]
(2) 
In the event of a second or subsequent conviction for a violation of the provisions of this chapter relating to the barking or baying of dogs, the court shall consider as a portion of the penalty imposed, or as a condition of probation, a requirement that the adult owner and the animal or animals involved be required to attend obedience training at an appropriate school or facility at the expense of the owner.
F. 
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-approved industrial use.
G. 
Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine or motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
H. 
Defect in vehicle or load. The use of any automobile, motorcycle or vehicle so out of repair, so loaded or in such manner as to create loud and unnecessary grating, grinding, rattling or other noise.
I. 
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.
J. 
Construction or repairing of buildings. The erection (including excavating), demolition, alteration or repair of any buildings other than between the hours of 7:00 a.m. and 6:00 p.m. on weekdays, except in case of urgent necessity in the interest of public health and safety, and then only with a permit from the Township Engineer, which permit may be granted for a period not to exceed three days or less while the emergency continues and which permit may be renewed for periods of three days or less while the emergency continues. If the Township Engineer should determine that the public health and safety will not be impaired by the erection, demolition, alteration or repair of any building or the excavation of streets and highways within the hours of 6:00 p.m. and 7:00 a.m., and if he shall further determine that loss or inconvenience would result to any party in interest, he may grant permission for such work to be done within the hours of 6:00 p.m. and 7:00 a.m., upon application being made at the time the permit for the work is awarded or during the progress of the work.
K. 
Schools, courts, churches, hospitals. The creation of any excessive noise on any street adjacent to any school, institution of learning, church or court while the same are in use or adjacent to any hospital, which unreasonably interferes with the working of such institution or which disturbs or unduly annoys patients in the hospital, provided that conspicuous signs are displayed in such streets indicating that the same is a school, hospital or court street.
L. 
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.
M. 
Hawkers, peddlers. The shouting and crying of peddlers, hawkers and vendors which disturb the peace and quiet of the neighborhood.
N. 
Metal rails, pillars and columns; transportation thereof. The transportation of rails, pillars or columns of iron, steel or other material over and along streets and other public places upon carts, drays, cars, trucks or in any other manner so loaded as to cause loud noises or as to disturb the peace and quiet of such streets or other public places.
O. 
Railroad cars and buses, operation thereof. The causing, permitting or continuing of any excessive, unnecessary and avoidable noise in the operation of railroad cars, locomotives and buses.
P. 
Pile drivers, hammers, etc. 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 earthmoving machinery, pneumatic hammer, derrick, steam or electric hoist or other appliance, the use of which is attended by loud or unusual noise.
Q. 
Blowers. The operation of any noise-creating 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 or fan is muffled and such engine is equipped with a muffler device sufficient to deaden such noises.
R. 
Drive-in theaters. The using, operating or permitting to be played of any 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 persons who are in the theater.
S. 
Lawn mowers. The operation of any internal combustion engine, lawn mower, or electric power lawn mower before 7:00 a.m. or after dark on a weekday and before 8:00 a.m. or after dark on a weekend is prohibited.
[Added 10-8-2013 by Ord. No. 13-OR-030]
T. 
Power maintenance equipment. The operation of any internal combustion engine or electric power equipment before 7:00 a.m. or after dark on a weekday and before 8:00 a.m. or after dark on a weekend is prohibited.
[Added 10-8-2013 by Ord. No. 13-OR-030]

§ 360-3 Exceptions.

A. 
In general. Nothing herein contained shall be construed to apply to church bells or chimes or to prohibit playing by a band or orchestra in a hall or building or in or on public property; or nothing herein contained shall be construed to apply to manufacturing or industrial or utility plants, factories or units if said noise is as is usual and necessary in the regular and ordinary course of their conduct and business.
[Amended 9-27-2005 by Ord. No. 05-OR-025]
B. 
Special permit. Should a fire company, church or charitable organization or institution of any kind desire to engage in activities which would fall within the prohibitions of this chapter, it shall first obtain a permit from the Township Council of the Township of Burlington, setting forth in its application for such permit such information as the Township Council shall desire. The permit shall be granted, without the payment of any fee therefor, by the Township Council of the Township of Burlington if, in the Council's opinion, such activity is reasonably necessary and will not unreasonably interfere with the health, welfare and general well-being of the community.