[HISTORY: Adopted by the Board of Commissioners
of the Borough of Collingswood as indicated in article histories.
Amendments noted where applicable.]
[Adopted 8-16-1971 by Ord. No. 662 as
Ch. 72, Art. II, of the 1971 Code]
No such building or plant shall be erected or
established within a radius of 250 feet of any dwelling house, apartment
house or other residence or within a radius of 250 feet of any church,
theater or other place of public assemblage.
[1]
Editor's Note: Original § 72-10,
When permit required, which immediately preceded this section, was
repealed 8-15-1994 by Ord. No. 1058.
Any person, persons, partnership or corporation
desiring to conduct any business in the Borough of Collingswood shall
make application, in writing, to the Board of Commissioners of the
Borough of Collingswood, setting forth in said application the character
of the building or plant intended to be constructed, the nature of
the business to be operated, the kind, number and character of vehicles
proposed to be used in conducting the business involved and the location
of said plant or establishment and the location of all buildings within
a radius of 250 feet thereof. Said application shall be mailed or
delivered to the Clerk of the Borough of Collingswood, together with
an application fee of $5.
The Borough Clerk shall present the application
to the Board of Commissioners of the Borough of Collingswood, who
shall, after receiving said application, state the time and place,
not exceeding 30 days from the receipt of said application, at which
time and place said Board of Commissioners will hold a public hearing
on said application.
After the public hearing, the Board of Commissioners
shall grant or refuse said permit as it deems proper for the protection
of life and property and the promotion of the public health, safety
and welfare.
This article shall not apply to any plants,
establishments or business places established in the municipality
before the passage of this article.
[Amended 8-15-1994 by Ord. No. 1058]
Any person or persons, partnership or corporation
violating any of the provisions of this article shall be subject to
a fine not to exceed $1,000, imprisonment in the county jail not to
exceed 90 days or a period of community service for not more than
90 days, or any combination thereof, in the discretion of the court.
Each day that any of the provisions of this article shall be violated
shall constitute a separate offense and shall be subject to be punished
by a fine, imprisonment or community service, as above provided.
This ordinance is passed in accordance with
Chapter 245 of the Laws of 1944 (N.J.S.A. 40:52-1) and Chapter 152
of the Laws of 1917 (N.J.S.A. 40:48-2) and shall take effect after
its publication and passage according to law.
[Adopted 8-16-1971 by Ord. No. 662 as
Ch. 72, Art. I, of the 1971 Code]
It shall be unlawful for any person to make,
continue or cause to be made or continued any loud, unnecessary or
unusual noise or any noise which either annoys, disturbs, injures
or endangers the comfort, repose, health, peace or safety of others
within the limits of the borough.
The following acts, among others, are declared
to be loud, disturbing and unnecessary noises in violation of this
article, but said enumeration shall not be deemed to be exclusive,
namely:
A.
Radios, televisions, phonographs, tape decks, compact disks (CD), etc. The using or permitting to be played, used or operated of any radio receiving set, CD, digital audio recording, television, musical instrument, sound speaker, phonograph or other machine or device for the producing or reproducing of sound for the purpose of entertainment or in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants, or people in the vicinity of such devices, at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle or area in which such machine or device is operated. The operation of any such set, instrument, phonograph, machine or device at any time 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 article. The operation of any such set, instrument, musical instrument, sound speaker, phonograph, machine or device shall further fall under the requirements set forth under Subsection J, Prohibited hours and duration.
[Amended 8-15-1994 by Ord. No. 1058; 6-7-1999 by Ord. No.
1187; 5-11-2012 by Ord. No. 1509]
B.
Loudspeakers or 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, stereo, cd 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.
[Amended 6-7-1999 by Ord. No. 1187]
C.
Yelling, shouting, etc. Yelling, shouting 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.
[Amended 6-7-1999 by Ord. No. 1187]
D.
Construction or repairing of buildings. The erection (including excavation),
demolition, alteration or repair of any building in a residential
area other than between the hours of 7:00 a.m. and 6:00 p.m. on weekdays
and between the hours of 9:00 a.m. and 6:00 p.m. on Saturdays. Nothing
in this subsection shall prevent the occupant or owner of the premises
at any time from making minor repairs or improvements to, on or about
the premises, provided that the same shall be done without causing
a nuisance or disturbing the peace and quiet of the neighborhood.
[Amended 8-1-2016 by Ord.
No. 1600]
E.
Schools, courts, churches and hospitals. The creation
of any excessive noise on any street adjacent to any school, institution
of learning, church or court while the same is in use or adjacent
to any hospital which unreasonably interferes with the workings 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.
F.
Drums. The use of any drum or other instrument or
device for the purpose of attracting attention by the creation of
noise to any performance, show or sale.
G.
Hawkers and peddlers. The shouting and crying of peddlers,
hawkers and vendors which disturbs the peace and quiet of the neighborhood.
H.
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.
I.
The discharging of any firearms, weapons or explosive
devices of any type.
[Added 6-7-1999 by Ord. No. 1187]
J.
Prohibited hours and duration. The hours of operation for any set,
instrument, musical instrument, sound speaker, phonograph, machine
or device shall be limited to the hours between 9:00 a.m. and 7:00
p.m., Monday through Thursday and Sunday, and 9:00 a.m. and 10:00
p.m. on Friday and Saturday. The operation of any set, instrument,
musical instrument, sound speaker, phonograph, machine or device shall
be limited to time period of four hours in duration. Each period of
operation shall be followed by a stoppage of 60 minutes before resuming
the operation of any set, instrument, musical instrument, sound speaker,
phonograph, machine or device.
[Added 5-11-2012 by Ord. No. 1509]
A.
Sound equipment prohibited. The use or operation of
a sound truck, loudspeaker or amplifying system, either from a stationary
position or from a moving vehicle, shall be unlawful within the borough
limits for any purpose other than that of a civic nature directly
pertinent to activities within the Borough of Collingswood or affecting
the residents of this community. (Political activities at no time
shall be considered under this article as civic in nature.)
B.
Permit necessary. Prior to the use of such sound equipment
for the purposes specified, a permit shall be obtained from the Borough
Clerk. Application forms for this purpose shall be furnished by the
Borough Clerk and shall require the applicant the applicant to disclose:
(1)
The names and addresses of all persons and organizations
for which such a permit is being sought.
(2)
The specific purpose of the application.
(3)
The number and type of equipment and vehicles to be
used.
(4)
The projected hours and areas of the use of such equipment
within the borough.
(5)
The person or official who shall be in charge of and
responsible for compliance with the terms of this article.
(6)
In detail, the specific nature of the civic activity
to be advertised.
C.
Municipal emergency use. In addition to the allowance
of sound devices for civic purposes, the municipality may utilize
any device of this nature at any and all times that there may be a
municipal emergency regardless of the provisions of this article.
D.
Prohibited hours. The hours of limitation for operation
of sound devices shall be not before 9:00 a.m. or after 7:00 p.m.
on any weekday and not at all on Sunday.
E.
Fee required. No fee shall be required for making
the aforesaid application or for issuing the permit.
F.
Type of use prohibited. The use of the aforesaid sound
devices shall at no time cause injury to the health of any person
or persons nor shall it be otherwise detrimental to the general welfare
and dignity of the community, and the use thereof shall at all times
be under the control of the governing body and of the Police Department
as an agency thereof.
Parades may be permitted within borough limits,
provided that a permit is issued for the same. Application shall be
made to the Borough Clerk, who in turn will refer the same to the
Chief of Police for investigation. The application must be made a
minimum of 10 days prior to the parade, which application shall indicate
the time, the approximate number of people in the parade, the desired
route and the purpose of the parade. The Chief of Police shall have
the right to reroute said parade if, in his opinion, it is apt to
interfere with the free flow of vehicular traffic or to create danger
to life, limb or property.
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 the open air.
[Amended 6-7-1999 by Ord. No. 1187]
Any person who shall violate this article shall,
upon conviction thereof, pay a fine not exceeding $1,000, be imprisoned
in the county jail for a term not exceeding 90 days or serve of a
period of community service for not more than 90 days, or any combination
thereof, for each offense, in the discretion of the court.
