[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.]
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.
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]
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.
