As used in this chapter, the following terms shall have the meanings
indicated:
COMMERCIAL AREA
All zoning districts designated as Commercial or Industrial and the
abutting public rights-of-way and public spaces.
EMERGENCY
Any occurrence or set of circumstances involving actual or imminent
physical trauma or property damage which demands immediate action.
EMERGENCY WORK
Any work performed for the purpose of preventing or alleviating the
physical trauma or property damage threatened or caused by an emergency; any
work or action necessary to deliver essential services, including but not
limited to repairing water, gas, electricity, telephone, sewer facilities
or public transportation facilities, removing fallen trees on public rights-of-way
or abating life-threatening conditions.
NOISE
Any excessive, unnecessary or unusually loud sound or sounds which
either annoy, injure, disturb or endanger the comfort, health, repose, peace
or safety of others or which are so harsh, prolonged or unusual in their use,
time and place so as to annoy, disturb or endanger the comfort, health, repose,
peace or safety of others.
NOISE DISTURBANCE
Any noise which endangers or injures the safety or health of humans
or animals or annoys or disturbs a reasonable person of normal sensitivities
or endangers or injures personal or real property.
NOISE SENSITIVE ZONE
Any area of potential noise disturbance; for example, hospitals,
schools, houses of worship, recreational areas and residences.
PERSON
Any individual, association, partnership or corporation, and includes
any officer, employee, department, agency or instrumentality of a state or
any political subdivision of a state.
PUBLIC RIGHT-OF-WAY
Any street, avenue, boulevard, highway, sidewalk or alley, waterway
or similar place which is owned or controlled by a governmental entity.
PUBLIC SPACE
Any real property or structures thereon which are owned or controlled
by a governmental entity.
REAL PROPERTY BOUNDARY
Any imaginary line along the ground surface and its vertical extension
which separates the real property owned by one person from that owned by another
person, but not including intrabuilding real property divisions.
RESIDENTIAL AREA
All zoning districts designated as residential and any other zones
used for residential purposes in accordance with the Delanco Township Municipal
Land Use Ordinance, which areas shall be used for single-family homes, churches, public
parks and governmental buildings.
No person shall unreasonably make, continue or cause to be made or continued
any noise disturbance. Noncommercial public speaking and public assembly activities
conducted on any public space or public right-of-way shall be exempt from
the operation of this section. The following acts and the causing thereof
are declared to be in violation of this chapter:
A. Radios, television sets, musical instruments and similar
devices. Operating, playing or permitting the operation or playing of any
radio, television, phonograph, drum, musical instrument, sound amplifier or
similar device which produces, reproduces or amplifies sound:
(1) Between the hours of 10:00 p.m. and 7:00 a.m. of the
following day in such manner as to create a noise disturbance across a real
property boundary or within a noise-sensitive zone.
(2) In such a manner as to create a noise disturbance at
30 feet from such device when operated in or on a motor vehicle on a public
right-of-way or public space or in a boat on public waters.
(3) In such a manner as to create a noise disturbance to
any person other than the operator of the device when operated by any passenger
on a common carrier.
B. Loudspeakers/public address systems.
(1) Using or operating for any noncommercial purpose any
loudspeaker, public address system or similar device between the hours of
10:00 p.m. and 7:00 a.m. of the following day such that the sound therefrom
creates a noise disturbance across a residential real property boundary or
within a noise-sensitive zone.
(2) Using or operating for any commercial purpose any loudspeaker,
public address system or similar device such that the sound therefrom creates
a noise disturbance across a real property boundary or within a noise-sensitive
zone or between the hours of 10:00 p.m. and 7:00 a.m. of the following day
on a public right-of-way or public space.
C. Street sales. Offering for sale or selling anything by
shouting or outcry within any residential or commercial area of the township
except between the hours of 7:00 a.m. and 10:00 p.m.
D. Animals and birds. Owning, possessing or harboring any
animal or bird which frequently or for continued duration howls, barks, meows,
squawks or makes other sounds which create a noise disturbance between the
hours of 10:00 p.m. and 7:00 a.m. of the following day in such a manner as
to cause a noise disturbance across a residential real property boundary or
within a noise-sensitive zone, except that it shall be unlawful to own, possess
or harbor any dog which shall continuously bark or howl so as to cause a noise
disturbance across a residential real property boundary or within a noise-sensitive
zone at any time.
E. Loading and unloading. Loading, unloading, opening, closing
or other handling of boxes, crates, containers, building materials, garbage
cans or similar objects between the hours of 10:00 p.m. and 7:00 a.m. of the
following day such that the sound therefrom creates a noise disturbance across
a residential real property boundary or within a noise-sensitive zone.
F. Vehicle or motorboat operation, repairs and testing.
Operating, repairing, rebuilding, modifying or testing any motor vehicle,
motorcycle or motorboat in such a manner as to cause a noise disturbance on
a public space or on a public right-of-way or across a residential real property
boundary or within a noise-sensitive zone.
G. Construction work or activities. Construction work or
activities relating to construction work between the hours of 10:00 p.m. and
7:00 a.m. of the following day such that the sound therefrom creates a noise
disturbance across a residential real property boundary or within a noise-sensitive
zone.
H. Noise and disorderly conduct prohibited. It shall be
unlawful for any person by noisy or disorderly conduct to disturb or interfere
with the quiet or good order of any place of assembly, public or private,
including schools, churches, libraries and reading rooms, or take part in
any riotous or other disorderly conduct that shall disturb the peace and quiet
of any family or neighborhood or any of the inhabitants of this municipality.
I. General noise prohibitions.
(1) The making, creating or permitting of any unreasonably
loud, disturbing or unnecessary noise within the municipality is hereby prohibited.
(2) The making, creating or permitting of any noises of such
character, intensity or duration that is detrimental to the life, health or
welfare of any individual or which, either steadily or intermittently, annoys,
disturbs, injures or endangers the comfort, repose, peace or safety of any
individual is hereby prohibited.
(3) Yelling, shouting, hooting, whistling or singing on public
streets, particularly between the hours of 10:00 p.m. and 7:00 a.m. or at
any time or place so as to annoy or to disturb the quiet, comfort or repose
of persons in any office or in any dwelling or other type of residence or
of any persons in the vicinity is hereby prohibited.
The provisions of this chapter shall not apply to:
A. The emission of sound for the purpose of alerting persons
to the existence of an emergency.
B. The emission of sound in the performance of emergency
work.
C. The emission of sound in situations within the jurisdiction
of the Federal Occupational Safety and Health Act.
D. Noise from municipally sponsored or approved celebrations
or events.
E. Sound from church bells and church chimes when a part
of a religious observance or service.
F. Noise from stationary emergency signaling devices that
conform with the provisions of N.J.A.C. 7:29.
G. Noise from an exterior burglar alarm of any building
or motor vehicle, provided that such burglar alarm shall terminate its operation
within 15 minutes after it has been activated.
Any person, firm or corporation who or which violates any provision of this chapter shall, upon conviction, be punishable as provided in Chapter
1, General Provisions, Article
II, General Penalty. Each day on which a violation of any provision of this chapter occurs or is repeated shall constitute a separate offense. The Municipal Court of the Township of Delanco shall have jurisdiction to enforce the provisions of this chapter.
No provision of this chapter shall be construed to impair any common
law or statutory cause of action or legal remedy therefrom of any person for
injury or damage arising from any violation of this chapter or from any other
law.